1. Scope of application

1.1 These terms of use (hereinafter “Terms of Use”) govern the relationship between you (hereinafter “Jobseeker” or “you”) and JobCloud AG (Albisriederstrasse 253, 8052 Zurich, Switzerland; hereinafter “JobCloud” or “we”) in connection with the JobCloud powered recruitment solution Spotted (hereinafter “Spotted”) and the related services as described under Section 2 of these Terms of Use (hereinafter “Services”).

2. Services

2.1 Jobseekers are offered the opportunity to submit their CVs along with their application on JobCloud’s job platforms, by applying to job advertisements published by Spotted on behalf of potential employers on JobCloud platforms, external job portals, and social media platforms, or providing their CVs to Spotted Recruiter via email or social media platform (e.g. LinkedIn) or upload their CVs to the Spotted website. References to “Potential Employers”, mean people/companies that JobCloud assumes are looking for someone with the Jobseekers’ profile. JobCloud may or may not be instructed by them to look for an applicant, such as the Jobseeker. By submitting the applications and CVs such application data becomes part of the JobCloud’s databases.

2.2 We facilitate the contact between the Jobseeker and the Potential Employer (incl. submission of applications and attachments to Potential Employers with or without being mandated by the Potential Employers to do so) and may provide assistance relating to the recruitment process of the Potential Employer.

2.3 For the matching of Jobseekers’ personal data, JobCloud uses its matching technology developed at JobCloud. We extract data from Jobseekers’ application documents and the requirements of a Potential Employer in a pseudonymized form, which is compared with the help of Artificial Intelligence (AI) to enable a preliminary statement about the possible match. In addition, JobCloud’s recruitment team carefully checks the match.

2.4 If a match has been identified and confirmed, we may either contact the Jobseeker first or the Potential Employer (via email, phone, etc.) to verify whether he/she is interested in the Jobseeker or the Potential Employer respectively. If we reach out to the Jobseeker first, we would ask the Jobseeker to confirm his / her interest in the Potential Employer and we would with the Jobseeker’s consent share all Jobseeker’s data incl. clearly identifying information with the Potential Employer. If the Potential Employer is interested, we will put the parties in contact.

2.5 If the Potential Employer is contacted first, we would only provide the Potential Employer with data of the Jobseeker in which we removed data that clearly identifies the Jobseeker. If the Potential Employer confirms his / her interest in the Jobseeker, JobCloud reaches out to the Jobseeker usually also without identifying the Potential Employer and asking for the Jobseeker’s agreement to share all Jobseekers’ data incl. clearly identifying information with the Potential Employer. If the Potential Employer is interested, we will put the parties in contact.

2.6 Jobseeker agrees and commits not to reach out to the Potential Employer disclosed by JobCloud by him- / herself and accepts that exclusively JobCloud will enable the contact to Potential Employers identified by JobCloud.

2.7 In some cases, Potential Employers mandate JobCloud to assist them during the recruiting process. In these cases, JobCloud supports them until a contract is entered into.

2.8. 6 months after Jobseekers’ acceptance of these Terms of Use, Jobseekers’ personal data will be deleted. Should we require Jobseeker’s data for a period beyond those 6 months we would ask for Jobseekers’ consent again. Jobseeker acknowledges that we retain Jobseekers’ data, from which we remove any obvious personal references to you, for a longer period and for as long as we are legally entitled to do so.

2.9 The jobseeker is solely responsible for all information that he/she shares with Spotted in the context of the Service.

2.10 Netiquette applies when using the Service.

2.11 The Service must not be used abusively. It is in particular not allowed to upload/share any material that does not relate to the jobseeker’s job application such as any pornographic material, advertising material, viruses, or malware of any form.

3. Marketing

3.1 We can use Jobseeker’s contact information to send Jobseeker information about JobCloud services or job offers via the JobCloud newsletter or other means, e.g. by e-mail, post, telephone, or SMS. You may unsubscribe at any time, for example, in the case of emails, by clicking on the “unsubscribe” link provided in each marketing email.

3.2 JobCloud occasionally asks Jobseekers to participate in market research. The legal ground for data processing for market research is your consent. Any additional personal data provided by you in the context of this market research will also only be used with Jobseekers’ further consent.

3.3 Jobseeker may at any time object in writing, by telephone, by e-mail, or in any other way in whole or in part, to processing in accordance with section 3.1. You can revoke your consent for market research and/or the further use of your data as set out in sec 3.2.  at any time with any means

4. Confidentiality

4.1 Jobseeker agrees and commits that he/she shall keep any information that Jobseeker receives in the course of the recruiting/application process from and about the Potential Employer strictly confidential. This includes the obligation of the Jobseeker not to divulge to anyone the identity of the Potential Employer for as long as no employment contract has been entered into.

5. Availability

5.1 JobCloud does not guarantee uninterrupted Service, the Service at any given time, the service of third parties, or the completeness, authenticity, and integrity of the data stored or transmitted in connection with the Service in particular via the systems or the Internet.

6. Communication

6.1 JobCloud is authorized to communicate via mail, telephone as well as electronic channels (e.g. e-mail, SMS, mobile applications, and other electronic channels) to the Jobseekers’ addresses (e.g. e-mail address or mobile phone number) used or explicitly indicated by the Jobseeker.

7. Property and intellectual property rights

7.1 All proprietary and intellectual property rights in the Spotted website, database, and software, in particular copyrights and rights in trademarks, designs, and know-how remain in the sole ownership of JobCloud.

8. No Guarantees and limitation of liability

8.1 JobCloud gives no guarantees in relation to Spotted or the Service. JobCloud does in particular not guarantee

– the timeliness, accuracy, reliability, completeness, or suitability of content or the Service for a specific purpose;
– that the use of the Service, including uploading a CV or any assistance provided by the Spotted team, will result in a match or a successful job placement; and
– the uninterrupted or disruption-free availability of the Service.

8.2 The liability of JobCloud, its associates pursuant to art. 101 Code of Obligations and any third parties (including processors) engaged by JobCloud in connection with the Service is excluded to the extent permitted by law. In particular, direct and indirect damage, consequential damage, and loss of profit or loss of data are expressly excluded to the extent possible.

8.3 Furthermore, JobCloud shall not be liable for damages resulting from the use of its Service or services of third parties in breach of the law or the contract, or disruptions of a technical nature caused in particular by a lack of internet connection, illegal interference with telecommunications equipment and networks, overloading of the network, wilful blocking of electronic access by third parties or any other interruptions.

9. Term and Termination

9.1 The contract between the Jobseeker and JobCloud is valid for 6 months as of  Jobseeker’s acceptance of these Terms of Use and will terminate automatically after the expiry of the term of 6 months.

9.2 During the term of this contract the Jobseeker and JobCloud both have the right to terminate the contract, also by email, with immediate effect. Jobseeker can send the email to info@jobcloud.ch.

9.3 The Jobseeker agrees that if the Jobseeker terminates the contract before the expiry of the 6-month period, JobCloud will only delete Jobseekers’ data after the 6-month period (see section 2.8). Jobseeker can execute a deletion right as set out in the Data Protection Notice for Spotted.

9.4 All clauses that by their nature are intended to last beyond the end of these Terms of Use shall survive the termination of these Terms of Use (e.g. confidentiality)

10. Data protection

10.1 JobCloud and the Jobseeker shall observe the applicable legislation, in particular data protection law, when collecting and processing personal data. Further information can be found in the Data Protection Notice for Spotted.

11. Changes to the Terms of Use or the Service

11.1 JobCloud reserves the right to change the Terms of Use and make changes to the Service or discontinue the Service at any time in its sole discretion.

12. Applicable law and place of jurisdiction

12.1 These Terms of Use are exclusively subject to Swiss law, excluding the provisions of the Swiss Federal Act on Private International Law (PILA).

12.2 The courts of the City of Zurich shall have exclusive jurisdiction.


September, 2023