1. Scope of application

1.1 These Terms of Use (hereinafter “Terms of Use”) govern the relationship between you (hereinafter “user” or “you”) and JobCloud AG (Albisriederstrasse 253, 8052 Zurich, Switzerland; hereinafter “JobCloud” or “we”) in connection with the JobCloud-based recruitment solution Spotted (hereinafter “Spotted”) and the associated services, as described in Section 2 of these Terms of Use (hereinafter “services”).

2. Services

2.1 Users are offered the opportunity to submit their CV together with their application on JobCloud’s job platforms. You can apply for job advertisements published by JobCloud on behalf of prospective employers on JobCloud platforms, external job portals and social media platforms submit your CV to Spotted via email or social media platform (e.g. LinkedIn), or upload your CV to the Spotted website. “Prospective employers” means individuals/companies that JobCloud believes are looking for someone with the user’s profile. Depending on this, JobCloud may or may not be commissioned by them to search for a job seeker with the user’s profile. Once applications and CVs are submitted, they become part of JobCloud’s databases.

2.2 Users can also share their profile data and CV directly via the JobCloud platforms for recruitment with Spotted. The consent to the use of the Spotted services can be selected in the user profile.

2.3 We facilitate contact between the user and the prospective employer (including submitting applications and attachments to the prospective employer, with or without the prospective employer’s mandate to do so) and may provide assistance in connection with the prospective employer’s recruitment process.

2.4 JobCloud uses a matching technology developed by JobCloud to match users’ personal data. We extract data from the users’ application documents and/or, if access has been granted, the data from the users’ profile and CV. This data will be compared in pseudonymised form according the requirements of potential employers with the help of artificial intelligence (AI) to enable an initial statement about the potential match. In addition, the JobCloud recruitment team carefully checks the match.

2.5 Once a match has been identified and confirmed, we may either first contact the user or prospective employer (via email, phone, etc.) to verify that they are interested in the user or prospective employer. When we first contact the user, we ask them to confirm their interest in the prospective employer and, with the consent of the user, share with the potential employer all their data, including information that clearly identifies them. If the prospective employer is interested, we will establish contact between the parties.

2.6 If the prospective employer is contacted first, we will only provide the prospective employer with the user’s data from which we have removed information that clearly identifies the user. If the prospective employer confirms their interest in the user, JobCloud contacts the user, usually also without identifying the prospective employer, and asks the user for their consent to share all of the user’s data with the prospective employer, including the information that clearly identifies them. If the prospective employer is interested, we will establish contact between the parties.

2.7 The user agrees and undertakes not to contact the prospective employer communicated by JobCloud and accepts that only JobCloud allows contact with the prospective employers identified by JobCloud.

2.8 In some cases, prospective employers hire JobCloud to assist them during the recruitment process. In these cases, JobCloud supports them until a contract is concluded.

2.9 The user is solely responsible for all information they share with Spotted in connection with the service.

2.10 When using the service, netiquette applies.

2.11 The service must not be misused. In particular, it is not allowed to upload/share material that does not relate to the user’s application, such as pornographic material, promotional material, viruses or malware of any kind.

3. Marketing

3.1 We may use the user’s contact details to provide them with information about JobCloud’s services or job offers by means of our newsletter or by other means, e.g. by email, post, phone or text. You can unsubscribe at any time, for example in the case of emails, by clicking on the “unsubscribe” link included in each marketing email.

3.2 JobCloud occasionally asks users to participate in market research. The legal basis for data processing in the context of market research is their consent. Additional personal data provided as part of this market research will also only be used with the further consent of the users.

3.3 The user may object, in whole or in part, to the processing in accordance with Section 3.1. at any time in writing, by phone, by email or in any other way. They may revoke their consent to market research and/or further use of your data in accordance with Section 3.2. at any time by any means.

4. Confidentiality

4.1 The user agrees and undertakes to keep strictly confidential any information they receive from and about the prospective employer as part of the recruitment/application process. This includes the obligation of the job seeker not to disclose the identity of the prospective employer to anyone as long as no employment contract has been concluded.

5. Availability

5.1 JobCloud does not guarantee an uninterrupted service, the service at a particular 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 entitled to communicate by post, phone and via electronic channels (e.g. email, text, mobile applications and other electronic channels) to the addresses used or expressly specified by the user (e.g. email address or mobile phone number).

7. Property and Intellectual Property Rights

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

8. Warranties and Limitations of Liability

8.1 JobCloud makes no warranties with respect to Spotted or the service. In particular, JobCloud does not guarantee:

  • the timeliness, accuracy, reliability, completeness or suitability of any content or service for any particular purpose;
  • that use of the service, including uploading a CV or any support from the Spotted team, will result in a match or successful placement; and
  • the uninterrupted or undisturbed availability of the service.

8.2 The liability of JobCloud, its shareholders within the meaning of art. 101 OR and third parties engaged by JobCloud (including order processors) in connection with the service is excluded to the extent permitted by law. In particular, direct and indirect damage, consequential damage as well as loss of profit or data loss are expressly excluded insofar as this is possible.

8.3 Furthermore, JobCloud is not liable for damages resulting from the illegal or non-contractual use of its services or third-party services, or for technical malfunctions caused in particular by a lack of Internet connection, illegal interference with telecommunications equipment and networks, network overload, intentional blocking of electronic access by third parties or other interruptions.

9. Term and Termination

9.1 Users are offered the opportunity to submit their CV together with their application on JobCloud’s job platforms. They can apply for job advertisements published by JobCloud on behalf of potential employers on JobCloud platforms, external job portals and social media platforms, and/or submit their CV to Spotted via email or social media platform (e.g. LinkedIn), or upload their CV to the Spotted website. The contract between the user and JobCloud is valid for six (6) months from the user’s acceptance of these Terms of Use and ends automatically at the end of the six (6)-month period.

9.2 When users share their profile data and CV for recruitment with Spotted directly through JobCloud’s platforms, the contract between the user and JobCloud is stored until consent for the use of the data is revoked (subject to an ongoing application process).

9.3 During the term of this agreement, both the user and JobCloud have the right to terminate the agreement with immediate effect, also by email. The user can send the email to info@jobcloud.ch.

9.4 The user agrees that JobCloud will not delete the user’s data until the 6-month period has expired if the contract is terminated by the user (see Section 9.2). The user can exercise a right of deletion as set out in Spotted’s Privacy Policy.

9.5 All clauses which by their nature are intended to apply 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 user observe the applicable legal regulations, in particular data protection law, when collecting and processing personal data. For more information, see Spotted’s Privacy Policy.

11. Changes to the Terms of Use or the Service

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 Jurisdiction

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

12.2 The sole place of jurisdiction is the courts of the city of Zurich.


Zurich, May 2024