1. SCOPE OF APPLICATION
JobCloud Ltd, Albisriederstrasse 253, 8047 Zurich (hereinafter “JobCloud”) provides comprehensive personnel recruitment solutions and strives to continuously improve and further develop its products and services. These General Terms and Conditions (hereinafter “GTCs”) are applicable to all products and services offered by JobCloud to employers, recruiters or other business customers (hereinafter “Business Customers” or “You”). Thank You very much for choosing us.
These GTCs are applicable to Business Customers regardless of whether Business Customers make use of JobCloud’s products and services via a website operated by JobCloud (e.g. jobs.ch, jobup.ch, jobscout24.ch, jobcloud.ch, jobcloud.ai, hereinafter “Platforms”), via JobCloud mobile applications (hereinafter “Apps”), by telephone or any other way.
2. PRODUCTS AND SERVICES
2.1 SERVICES OF JOBCLOUD
JobCloud offers Business Customers the following general services:
- Job ads: Business Customers can use their JobCloud Account to add, create, manage and track job ads. JobCloud offers the placement of job ads within the framework of various products, each with different scope of services (“Publication Products”). A detailed list of the current Publication Products as well as the applicable prices can be found on JobCloud’s Platforms and in the (as far as applicable) product-specific terms and conditions. Job ads are published by JobCloud on its own Platforms for job seekers and depending on the content of the advertisement and selected Publication Product on the external partner network. JobCloud reserves the right to enrich advertisements with additional information publicly available on the internet (e.g. geolocation information, travel directions, company size, etc.). The Business Customer has the option of providing advertisements with information on the salary or the applicable salary band. If the Business Customer does not provide information on the salary or salary band, JobCloud reserves the right to supplement this information based on JobCloud’s knowledge of the market. In such case JobCloud shall make it clear by appropriate measures that this is information which does not originate from the advertising Business Customer but has been added by JobCloud.
- Job applications: Business Customers can use their JobCloud Account to collect job applications and manage them via the JobCloud Applicant Tracking System (“ATS”). Among other things, you can, send messages to Job Seekers and manage the application process. JobCloud reserves the right to change the application process in such a way that the transfer of applications and applicant data takes place exclusively via an applicant management system of the customer.
- ATS Provider: JobCloud offers its own ATS and has also integrated various third-party ATS solutions on the JobCloud platforms. In addition, JobCloud works with selected external ATS providers.
If the Business Customer uses an ATS of JobCloud or an ATS integrated on the JobCloud Platforms, a data processing agreement is established between the Business Customer and JobCloud.
- Company profile: JobCloud offers Business Customers the possibility to create a company profile and to post it on the JobCloud Platforms.
2.2 PRODUCT DEVELOPMENT
JobCloud strives to continuously develop its range of products and services. JobCloud reserves the right to add new services at any time and to change existing services, to develop them further or to discontinue them in whole or in part. The Business Customer acknowledges and agrees that JobCloud reserves the right, to make necessary or advisable changes and adjustments to the Publication Products and the other products and services at any time in order to optimize and update the technical processes and for legal reasons and other reasons (e.g. good governance).
By entering into this agreement, the Business Customer acknowledges and agrees that all information (including personal data, unless anonymization or pseudonymization is possible or practicable) from job ads may be further used by JobCloud for purposes of trend analysis, product development (including for the purpose of developing and training JobCloud’s own AI solutions or a service provider of JobCloud). The Business Customer acknowledges and agrees that JobCloud may, at its sole discretion, use third party services and software solutions (e.g. AI solutions).
2.3 TEST VERSIONS
JobCloud strives to continuously develop its product portfolio and the functions of the JobCloud Platforms. In this context, JobCloud reserves the right to offer the products and functions under development as test versions for testing. The use of such functions and products does not cause any additional costs for the Business Customers.
If Business Customers do not agree with the testing of test versions of specific products or functions, they are free to either not use the products and functions to be tested or to object to the testing in writing, whereupon JobCloud will remove the function.
JobCloud reserves the right, at its sole discretion, to discontinue such test versions in whole or in part at any time, to develop them further or to include them in JobCloud’s product portfolio as a future service subject to a fee after successful completion of the test phase.
3. CONCLUSION OF CONTRACT
3.1 REGISTRATION OF A JOBCLOUD ACCOUNT
Business Customers may create an account via any of the JobCloud Platforms. For this purpose, company information (particularly the company name, company address, and, if applicable, different billing address telephone number, industry and number of employees) and information of a contact person (including name, e-mail address and telephone number) are required. For Business Customers who acquire JobCloud services by telephone or by way of a written agreement and who do not yet have a JobCloud Account, JobCloud will automatically create a JobCloud Account upon conclusion of the contract. Upon completion of the registration of the JobCloud Account, the Business Customer will receive an e-mail with the login details for the JobCloud Account. Upon completion of the registration of the JobCloud Account, a contract is concluded between the Business Customer and JobCloud. The creation of a JobCloud account is free of charge and does not oblige the Business Customer to subscribe to paid services. Via the JobCloud Account, the Business Customer can make use of complimentary JobCloud services or purchase fee-based products.
3.2 CONCLUSION OF A CONTRACT VIA THE JOBCLOUD ACCOUNT
Business Customers can purchase, manage or use complementary and fee-based services via their JobCloud Account. For the purchase of fee-based services and free services, the Business Customer submits an offer to JobCloud to conclude a contract for the respective fee-based service or free services by clicking the order button and accepting the GTCs. JobCloud confirms receipt by means of an automated order confirmation by e-mail. Upon receipt of the order confirmation by the Business Customer, a contract for the respective fee-based or free service is concluded. JobCloud reserves the right to set a maximum amount per order transaction for orders placed via the JobCloud Account.
3.3 CONCLUSION OF A CONTRACT VIA TELEPHONE
Business Customers can also order JobCloud services by telephone. During this conversation, the customer’s attention is drawn to the current GTCs and their content. In this case JobCloud will send the Business Customer an order confirmation and the current GTCs by e-mail following the telephone order. Upon receipt of the order confirmation and the GTCs by the Business Customer, a contract for the respective fee-based service shall be concluded between JobCloud and the Business Customer. JobCloud reserves the right to set a maximum amount on each order transaction placed by telephone.
3.4 COOPERATION AGREEMENT
If the Business Customer and JobCloud conclude a written cooperation agreement, the agreement shall become effective upon signature by both parties.
4. USING THE PLATFORMS
4.1 JOB ADS AND COMPANY PROFILES
Job ads must be posted in the Business Customer’s name and contain the name and contact information of a contact person of the Business Customer. The Business Customer bears the sole responsibility for the content of its job ads. The Business Customer guarantees that all information contained in a job ad is accurate and up to date. For security and data protection reasons, JobCloud masks the contact information, especially the e-mail address of the contact person, when publishing a job ad.
Only job ads and/or company profiles may be published on JobCloud Platforms. Job ads and company profiles must comply with all legal requirements and in particular must not infringe any intellectual property of third parties, rights to privacy or other third-party rights. Business customers undertake not to post any illegal content via JobCloud, particularly content of racist, pornographic or personality-infringing nature. The following content is particularly inadmissible:
- indecent or offensive job offers or profiles;
- several job offers or profiles combined in a single post;
- job offers with inaccurate or missing job titles or content;
- job offers for multilevel marketing, snowball systems, at-home work (within the meaning of art. 351 et seqq. of the Swiss Code of Obligations and the At-Home Work Act [Heimarbeitsgesetz]), gifting circles, etc.;
- job offers with erotic content or for escort services;
- mystery shopping offers;
- advanced training and continuing education offers;
- job offers that refer to offers of other positions or to communication products or other products;
- job offers with insufficient identification, insufficient contact details or merely a P.O. Box as the address (with the exception of numbered (anonymous) listings offered by JobCloud).
Each job offer posted must refer to a job vacancy that actually needs to be filled. Business Customers undertake not to reactivate a job offer until a new vacancy needs to be filled.
The Business Customer warrants that the content shared with JobCloud is free of malware.
Until final clarification of the facts, JobCloud may take potentially illegal or infringing content offline without prior notification of the Business Customer. The claim for payment remains valid even if the content is taken offline. If the measure subsequently turns out to be unnecessary, JobCloud will extend the contract period by the period of offline placement.
JobCloud reserves the right to remove job ads and/or company profiles with inadmissible content from the Platforms at its sole discretion without prior notice and without stating any reasons. JobCloud also reserves the right to block Business Customers and/or their JobCloud Account from further services of JobCloud at its sole discretion and to terminate the underlying contract for good cause. Any payments already made will not be refunded.
4.2 THIRD-PARTY RIGHTS
The Business Customer undertakes to ensure that all content published by him on the Platforms or submitted to JobCloud for publication is unencumbered by any third-party rights. The Business Customer hereby guarantees that it has all rights necessary for publication of the content, particularly copyrights, trademark rights and design rights. The Business Customer undertakes to indemnify and hold JobCloud harmless from and against all loss or damage arising from a third-party claim asserted against JobCloud for infringement of proprietary rights on the grounds of publishing the Business Customer’s content.
If JobCloud is notified by a third party of a possible infringement of proprietary rights, the content in question will be taken offline without prior notification of the Business Customer until the matter is clarified. The claim for payment remains valid even if the content is taken offline. If the measure ultimately turns out not to be necessary, JobCloud will extend the contract period by the period of offline placement.
JobCloud further reserves the right to remove or modify any content regarding which an infringement of proprietary rights is claimed, at its sole discretion and without prior notice to the Business Customer. Furthermore, JobCloud reserves the right to block the Business Customer or his JobCloud Account from further services of JobCloud at its sole discretion and to terminate the underlying contract for good cause. Payments already made will not be refunded.
4.3 LIMITATION OF PURPOSE
Business Customers may use the Platforms and services provided by JobCloud exclusively in accordance with the applicable laws and may only use the personal data transmitted by JobCloud in the context of the provision of services in connection with the services of JobCloud and as specified on the Platforms and in the special product-specific terms and conditions. Business Customers may not use the personal data for purposes other than recruitment. In the event of improper use, which is to be determined at the sole discretion of JobCloud, JobCloud further reserves the right to block Business Customers and/or the associated JobCloud Accounts from further JobCloud services and to terminate the underlying contract for good cause. Any payments already made will not be refunded in this case. The assertion of further legal remedies, including possible claims for damages of JobCloud and/or JobCloud’s injured parties, is expressly reserved.
5. PAYMENT TERMS
The price of fee-based services is shown in the agreement on the relevant fee-based service. The Business Customer’s obligation to pay for fee-based services arises upon conclusion of the respective contract. Unless agreed otherwise, the entire remuneration shall be due for payment and invoiced upon conclusion of the respective contract. Invoices of JobCloud shall be paid within 30 days after receipt of invoice without deductions and excluding set-off, unless other payment terms have been expressly agreed. In the event of late payment, default interest of 5% per annum and, from the second formal notice onwards, an additional reminder fee of CHF 50 will be charged. Claims asserted by the customer shall not entitle the customer to withhold agreed payments. JobCloud may commission third parties with the collection and is entitled to assign the invoice claim(s) to third parties. Any additional costs incurred by JobCloud in this context shall be borne by the Business Customer. If the Business Customer is in default with the payment of invoices, JobCloud is entitled to suspend the services without prior notice and to block the Business Customers and/or the corresponding JobCloud Account from further services of JobCloud. In addition, JobCloud is entitled to terminate the contract for good cause. If a staggered payment has been agreed and the Business Customer is in default with the payment of one instalment, such default shall render all outstanding instalments due and payable immediately.
6. USE OF DATA BY JOBCLOUD, DATA PROSSESSING AND DATA PROTECTION
The Business Customer hereby grants JobCloud the right to use the data transmitted to JobCloud in anonymized form without restriction and to dispose of such anonymized data without limitation.
7. REVIEWS OF COMPANIES/EMPLOYERS
Private users have the option of reviewing Business Customers in their role as employers by using the employer review platform. The following rules must be observed:
- Only employers for whom the private user works or has worked or to whom they have applied and been invited for an interview may be evaluated.
- All information about the employer and place of work must be complete and correct; no untrue statement of facts may be made about employers, their employees or other circumstances concerning the respective employer.
- Any mention of natural persons by name or information that makes it possible to identify a natural person (with the exception of one’s own person) must be refrained from.
- Private users may not link the information they provide to external content.
If an employer review exceeds the scope of permissible freedom of expression of opinion (e.g.in the case of abusive criticism), JobCloud shall promptly delete or edit the relevant employer review by changing or deleting the inadmissible content and/or require the private user to change the employer review accordingly. The Business Customer may comment on employer reviews at any time and thereby provide his perspective. Subject to legal claims, Business Customers shall not be entitled to demand the deletion or modification of employer reviews from JobCloud.
8. INTELLECTUAL PROPERTY
All proprietary and intellectual property rights in JobCloud’s websites, Platforms and Apps, particularly copyrights and rights to trademarks, designs and know-how, shall remain with JobCloud.
JobCloud grants Business Customers a non-exclusive, non-transferable right to use the Platforms and Apps in accordance with these GTCs for the duration of the contractual relationship. Any further publication, use, transfer or reproduction of the proprietary and intellectual property rights without the express consent of JobCloud is prohibited.
9. NO GUARANTEES
JobCloud gives no guarantees regarding the Platforms, Apps or services offered by JobCloud; in particular, JobCloud does not guarantee:
- that content is up-to-date, accurate, complete or suitable for a particular intended purpose;
- that the posted job ads will be read or answered, or that the vacancy will be filled successfully;
- that transmitted content is free of malware; and
- that the Platforms and Apps will be available without interruptions or disturbances.
Although JobCloud performs regular backups. Nevertheless, data loss cannot be ruled out entirely.
JobCloud shall be liable exclusively for loss or damage caused intentionally or through gross negligence.
JobCloud also publishes third-party offers and content and/or links to third-party offers or websites on its Platforms. JobCloud has no control over the content of external links and assumes no liability for the content of such external links, including the accuracy, completeness, reliability or suitability for specific purposes. Upon corresponding notification by users, illegal content will be removed immediately.
11. DURATION OF AGREEMENT AND TERMINATION
11.1 CONTRACT ON FREE SERVICES
Upon registration of a JobCloud Account as well as with the use of free services, a contract is created between JobCloud and the relevant Business Customer. This contractual relationship shall exist for an indefinite period of time.
Without giving notice or stating any reasons, the Business Customer may terminate this contract and request JobCloud to delete the JobCloud Account at any time by sending a letter to JobCloud, Albisriederstrasse 253, 8047 Zurich or an e-mail to email@example.com. In that case, JobCloud shall promptly delete the JobCloud Account and all data of the Business Customer, unless the data is necessary for the execution of the contractual relationship or for the assertion and/or enforcement of claims or other rights and JobCloud is not legally obligated to retain the data for further details on deletion, see our Data Privacy Notice.
JobCloud may also terminate the contract with the Business Customer at any time by letter or by e-mail without stating any reasons and without observing a notice period.
11.2 AGREEMENT ON FEE-BASED SERVICE
A contract for a fee-based service is concluded upon effective conclusion of a contract in accordance with clause 3 of the GTCs. The duration of the respective contract is indicated in the order confirmation or in the cooperation agreement.
The Business Customer may terminate the contract for a fee-based service in writing at any time without observing a notice period or stating any reasons, by sending a letter to JobCloud, Albisriederstrasse 253, 8047 Zurich or an e-mail to firstname.lastname@example.org. In this case, JobCloud shall be released from all its performance obligations under the contract. The Business Customer remains obligated to pay the full fee to JobCloud. Upon receipt of the notice of termination, any fees not yet fully paid to JobCloud shall become due and payable. The Business Customer shall have no right to a refund of payments already made.
JobCloud may terminate the contract for a fee-based service at any time in writing without giving reasons and without observing a notice period by letter or by e-mail. If the termination is made by JobCloud during an ongoing fee-based service offer, the contract shall end with the complete provision of the products or services used by the Business Customer by JobCloud and the complete payment of the remuneration (if not already provided) by the Business Customer to JobCloud.
Moreover, both JobCloud and the Business Customer may unilaterally terminate the contract for a fee-based service with immediate effect for good cause if continuation of the contract cannot reasonably be expected of the terminating party in good faith. In such a case, both parties shall be released from their contractual obligations as soon as the termination becomes effective. There is no entitlement to a refund of payments already made. Signs of unlawful use of personal data by the Business Customer, for example, constitute good cause for the termination of the contract.
After the end of the contract, JobCloud is not obliged to retain the data and documents sent to it or to return the data to the Business Customer, unless retention or return has been expressly agreed or there is a statutory retention obligation.
12. CHANGES TO THESE GTCs
12.1. CHANGES TO THE GTCs WITH REGARD TO FREE SERVICES
For the use of free services (this includes the use of the JobCloud Account), the General Terms and Conditions shall apply in their current form. JobCloud may amend these General Terms and Conditions at any time.
If a Business Customer does not agree with the amended GTCs, he is free to immediately discontinue the use of the free service(s). The latter shall be done by immediately terminating the use of the services in question and notification to JobCloud in writing by letter to JobCloud, Albisriederstrasse 253, 8047 Zurich or by e-mail to email@example.com.
12.2. OTHER CHANGES TO THESE GTCs
JobCloud shall inform the Business Customer in writing of any amendments to these GTCs (providing the new GTCs and an overview of the relevant changes) at least four (4) weeks prior to the planned effective date of said change. The Business Customer shall be entitled to object to the amendment in writing, at least two (2) weeks prior to the planned effective date of said change. If the Business Customer does not object or fails to do so in time in writing, then the Business Customer’s consent to the amendment shall be deemed granted and the new version of the GTCs shall enter into force vis-à-vis the Business Customer as from the planned date. If the Business Customer objects in due time, JobCloud shall have the option to continue the contractual relationship with the respective Business Customer under the continued validity of the old GTC or to terminate the contractual relationship as of the date the planned amendment becomes effective.
13. RELATIONSHIP TO OTHER PARTS OF THE CONTRACT
The integral parts of the contract are as follows (to the extent available or applicable in the specific case): (i) the written cooperation agreement concluded between JobCloud and the Business Customer, (ii) the written offer specific to Business Customers, (iii) JobCloud’s written order confirmation, (iv) these GTCs, (v) product-related terms and conditions (vi) the service description applicable at the time of use of a service and posted on JobCloud’s Platforms and (vii) the Data Processing Agreement. In case of ambiguities or contradictions between the individual contractual documents, the above order of precedence shall apply, except that the Data Processing Agreement shall take precedence over all other documents in each case.
Any contractual terms and conditions of the Business Customer that deviate from or conflict with the present GTCs shall be deemed null and void. Anything to the contrary shall only apply if JobCloud expressly consents in writing to the applicability of the Business Customer’s contractual terms and conditions. For the sake of clarity: Expressions such as in writing in these GTCs and the special terms and conditions do not mean the simple written form according to the Swiss Code of Obligations, but that e.g. an electronic text by e-mail or an acceptance by means of ticking a box is sufficient.
14. APPLICABLE LAW AND PLACE OF JURISDICTION
These GTCs and any disputes arising from or in connection with these GTCs between JobCloud and the Business Customer shall be governed exclusively by Swiss law, to the exclusion of the provisions of the Swiss Federal Act on Private International Law (PILA). The courts of the city of Zurich shall have exclusive jurisdiction.
15. SANCTIONS CLAUSE
The Business Customer warrants that it is not subject to any economic, trade or financial sanctions or embargoes, and that it is not on any list of persons with whom business is restricted or prohibited, or it is controlled by such a person, or its shares are held by such a person. This applies in particular to measures and lists issued by the Swiss authorities, the United Nations Security Council, the U.S. government, the European Union or one or more of its member states or other competent governmental authorities.
Zurich, December 2023
Special Product-Specific Terms and Conditions
These Special Terms and Conditions CV database apply to any Business Customer that accesses or uses the JobCloud CV database. These Special Terms and Conditions apply in addition to the General Terms and Conditions and any product or service description, or additional rules or requirements set out in other documents or on the Platform.
JobCloud maintains a database with CVs of potential candidates. Business Customers that purchase the CV database service can view full profiles of candidates and contact candidates via the CV database once the candidates approved Business Customer’s contact request. In addition, the Business Customer can search for suitable candidates and then sort and save the search results. JobCloud may return different results for the same search query and has full discretion with respect to the CVs or profiles it presents in response to any particular search.
If candidates delete or deactivate their CV, their profile will be automatically removed from the CV database. In such a case the Business Customer will no longer be able to access the profiles or contact the corresponding candidates.
JobCloud does not guarantee that the information provided by candidates (email address, CV, etc.) is complete, up-to-date or accurate. JobCloud does not guarantee that a message will be received, read, or acted upon by any candidate. Any filtering, sorting, matching, or ranking tools available to the Business Customer as part of the CV database service rely on the candidate-provided information and/or information Business Customer provides to JobCloud about its job requirements or preferences. The appearance of a given candidate’s CV in search results or as a match is not a guarantee that the candidate has the attributes or experience the Business Customer has selected or that they would be interested in a job.
When Business Customer uses the CV database service, JobCloud does not guarantee that Business Customer will see desirable, or any, search results in response to each query or that Business Customer will see desirable, or any, daily matches. Business Customer is solely responsible for determining or verifying any candidate provided information, including whether a candidate has a certain license, certification, or security clearance.
1.2 Licenses / numbers of devices / access
The number of licenses per Business Customer is indicated in the additional contractual agreement between JobCloud and the Business Customer. The Business Customer may access the CV database a certain, contractually agreed number of times per day. JobCloud may limit the number of devices each account is logged from. The access is solely for the individual use of the person to whom it is assigned and may not be shared with other users. JobCloud may in its sole discretion pause your access to the CV database and upon JobCloud unpausing the access, it will continue for the remaining term.
1.3 Interaction with candidates
In some circumstances, JobCloud may in its own discretion limit the number and/or frequency of times the Business Customer may contact a candidate through the CV database. For example, if the Business Customer contacts a candidate, and the candidate does not express interest or contact the Business Customer back, the Business Customer may not be able to contact them again for a certain period of time. Moreover, in case JobCloud detects unusual activities (e.g., disproportionate number of requests), JobCloud may limit or disable the contact option. JobCloud also reserves the right to drop any message, including without limitation dropping any message with a link or zip attachment or any other attachment containing scripts, macros, or other code, or other messages that JobCloud suspects to be malicious or spam, or for any or no reason.
2 THE BUSINESS CUSTOMER’S OBLIGATIONS
2.1. General obligations
The Business Customer undertakes to use the CV database exclusively in connection with JobCloud’s services and only as described on the Platforms as well as in accordance with the contractual provisions and the applicable laws, in particular the applicable data protection regulations. With regard to data protection, the Business Customer is aware that it is an independent controller of the personal data of the candidates and confirms to ensure that all data protection obligations are observed. The Business Customer confirms not to use personal data for any purposes other than recruitment and not to share any information about a candidate to any unauthorized third party and unless necessary for a specific recruitment. The only acceptable use of the CV database service is for the Business Customer to contact a candidate through JobCloud regarding a job listing or potential employment. Therefore, requests to candidates to create an own CV database or to sell products are for example prohibited. Scraping or data mining the JobCloud CV database is prohibited.
The Business Customer shall not use the CV database for any directly or indirectly illegal, discriminatory, or fraudulent purpose. Under no circumstances may the CV database be used for fraud such as to e.g., scam candidates. The contact service must neither be used in a spam like manner. JobCloud defines “spam like manner” as sending requests for job positions to persons who are, as indicated by JobCloud experience and/or candidate behavior and reaction, unsuited for the role or who have indicated that such requests are unwanted. The Business Customer is solely responsible for its use of the CV database, including but not limited to, how it searches for candidates, who it decides to contact, and any employment related decisions it makes. Business Customer is expressly forbidden from using any product or system in order to circumvent the set-out procedure.
Business Customer shall access the JobCloud CV database from Switzerland or in exceptional cases from countries which provide for an adequate data protection from a Swiss law perspective.
2.2 Specific obligations for competitors
If a Business Customer is a competitor of JobCloud (including but not limited to any job aggregation website or any job posting websites) Business Customer may not use the JobCloud CV database to contact a candidate for the purpose of sending them a job offer from their clients.
3. INDEMNIFICATION AND TERMINATION
In addition to what is set out in the other contract documents, such as the GTCs, any violation of these Special Terms or of applicable law (in each case as determined in JobCloud’s discretion) may result in JobCloud blocking the Business Customer from the service without prior notice and entitles JobCloud to terminate the contract with the respective Business Customer for good cause in accordance with clause 11.2 GTCs. The assertion of further legal remedies, including possible claims for damages of JobCloud and/or JobCloud’s injured parties, is expressly reserved.
In addition to the indemnification rights set out in the GTCs or other contract documents, the Business Customer shall indemnify, defend and hold harmless JobCloud, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of the Business Customer’s use of the CV database, including but not limited to, how the Business Customer conducts the search, uses the search results or interacts with the candidates.
4. DISCLAIMER AND LIMITATION OF LIABILITY
JobCloud’s provision of the CV database is provided on an “as is” and “as available” basis. JobCloud expressly disclaims all warranties including without limitation for non-infringement, title, service quality, merchantability, and fitness for any purpose of the CV database. The Business Customer uses it at its own risk. JobCloud does not guarantee that the CV database will always be available, error free, safe, or secure.
1. SERVICE DESCRIPTION
Programmatic Job Advertising enables the Business Customer to post and pay for job ads on a performance-based model. Job ads created by the Business Customer are posted by JobCloud on the JobCloud Platforms or in some other way via the JobCloud network. The scope of JobCloud’s services includes the following services:
- Posting job ads within and/or outside the JobCloud network on behalf of the Business Customer.
- Access to the Realtime Performance Overview via a personalized campaign dashboard. In connection with this data processing, JobCloud considers itself as data processor, the Data Processing Agreement therefore applies.
The type of posting (particularly the selection of the channel of publication and positioning of the job ad) is solely at the discretion of JobCloud.
Only the key figures reported by JobCloud are used as the basis for measuring performance campaigns.
At the time of entering into the contract, the business partner determines a total budget for the duration of the contract (“Campaign Budget”). JobCloud charges monthly for the clicks generated. The costs per click are variable costs and depend on the Platforms on which the ads are posted. The Customer has the option at any time to set a maximum limit on the costs per click which may not be exceeded.
Invoicing takes place on a monthly basis after the end of a month. The payment period shall be 30 days from the date of invoice.
JobCloud and the Business Customer may each terminate the Programmatic Job Advertising Agreement without cause at the end of the month with a notice period of one month. Moreover, each Party has the right to terminate the contract for good cause in accordance with clause 11.2 of the GTCs.
1. SCOPE OF APPLICATION
2. PRODUCTS AND SERVICES
2.1 REGISTRATION OF A JOBCLOUD ACCOUNT
After creating the JobCloud account, the User has the possibility to enter further data in his JobCloud Account and to use the products and services offered by JobCloud for registered users.
2.2 USING SERVICES WITH THE JOBCLOUD ACCOUNT
JobCloud is a full-service administrator for job placement and offers its users comprehensive services related to all aspects of successful job placement. A detailed overview of the services currently offered can be found on our Platforms.
The services offered by JobCloud include those described on the Platforms and namely:
- Access to and viewing of specific job offers, general information about individual employers, companies or industries, company news, etc.
- Access to information, tips, assistance and newsletters related to the application process, including the creation of watch lists, application documents, etc., as well as the performance of salary checks (i.e. Users can perform a salary comparison, which, among other things, provides information about the average annual salary (gross) of other people in comparable positions) and other assessments to better evaluate their own opportunities and prospects in the job market.
- Creation of a User profile for the JobCloud platforms by entering personal data (such as your address, education, interests, etc.). and uploading documents.
- Submit applications directly through the and apply directly through their JobCloud profile, via the “Apply with” function.
- Option to use personalized search and push services to receive personalized offers (including but not limited to Job Alert/JobMailer/ personalized search requests and job recommendations, etc.).
- Use of tools to file and make visible relevant documents and information of the User (e.g. CV, which can be viewed by potential employers and/or recruiters. The User can change this setting at any time.
- CV database activation: If the User makes his/her profile visible, his/her profile can be viewed by potential employers and/or recruiters. The user can change this setting at any time.
If you do not agree with any change or discontinuation of services, you may terminate this Agreement in accordance with clause 10 of this Agreement and refrain from using the JobCloud Platforms.
JobCloud reserves the right to add new services and innovations at any time and to change, develop or discontinue existing services in whole or in part. Users have no right to retain a service or innovation.
If you do not agree with any change or discontinuation of services, you may refrain from using the JobCloud Platforms and the services provided by JobCloud.
3. USE OF DATA AND DATA PROTECTION
The protection of personal data is important to JobCloud. JobCloud will therefore handle the Users’ personal data with the greatest care at all times, in compliance with the applicable data protection regulations. JobCloud uses personal data to provide services used by the Users. For further information on how personal data is used, see JobCloud’s Data Privacy Notice or specific privacy notices for specific products/services.
Users authorize JobCloud to make unlimited use of data sent to JobCloud subject to prior anonymization of such data and to dispose of the anonymized data without limitation.
4. REVIEWS OF COMPANIES/EMPLOYERS/ SALARY INFORMATION
Users are able to review employers on the company review platform. Users also have the option to provide salary information for work in specific positions. The following rules apply:
- It is only permissible to review those employers for whom the User works or has worked or to whom the User applied and was subsequently invited to an interview.
- All information about the employer and place of work must be complete and correct; no untrue allegation of facts may be made about employers, their employees or other circumstances concerning the employer in question.
- All salary information, whether abstract or in connection with specific employers, must be complete and correct. No false information may be submitted.
- The reviewer must refrain from mentioning any individual’s name or other information that might enable identifying an individual (other than oneself).
- Users must not link the statements they make to external content.
You hereby consent to JobCloud editing and/or abbreviating your employer reviews and salary information and moving such reviews to other sections or subject areas within the JobCloud website. You further acknowledge that JobCloud may reject or delete your employer review and/or salary information at any time without stating any reasons. In addition, You authorise JobCloud to send your employer reviews and salary information to third parties.
6. USER’S OBLIGATIONS
The JobCloud Account shall only be used personally by the account-holding User, who undertakes to store the login details and passwords in a safe place and not to disclose them to third parties. If a third-party gains access to your JobCloud Account, You are required to inform JobCloud thereof without delay.
7. INTELLECTUAL PROPERTY
8. NO GUARANTEES
JobCloud gives no guarantees whatsoever regarding its Platforms, Apps or products and services offered by JobCloud; in particular, JobCloud does not guarantee that:
- the content is up-to-date, accurate, complete or fit for a particular intended purpose;
- the application documents transmitted will be received, read or answered, or that the Job Seeker will find any position; or
- the Platforms and Apps will be available without interruptions or disturbances.
Although JobCloud performs regular backups, the possibility of data losses cannot be ruled out entirely.
JobCloud shall only be liable for loss or damage caused intentionally or through gross negligence, in accordance with the applicable law.
JobCloud also posts third-party offers and content and/or links to such third-party offers or websites on its Platforms. JobCloud has no control over the content of external links and assumes no liability for the content of such external links, including the accuracy, completeness, reliability or suitability for specific purposes. Upon corresponding notification by Users, illegal content will be removed immediately.
10. TERM OF AGREEMENT AND TERMINATION
Users with a JobCloud Account may terminate the agreement between them and JobCloud at any time by (i) sending a letter to JobCloud Ltd, Albisriederstrasse 253, 8047 Zurich or an e-mail to firstname.lastname@example.org or (ii) deleting their account in the account settings of OneLog. In this case, JobCloud will definitively and irrevocably terminate the JobCloud Account except for such information as is necessary to wind up the contractual relationship, to assert or enforce legal claims and such information as JobCloud is required to retain by law.
11. CHANGES TO THE RANGE OF SERVICES
JobCloud reserves the right to change and/or discontinue at any time all or part of the products or services offered. The User shall have no claims whatsoever against JobCloud on grounds of such a change of discontinuance of products or services.
13. APPLICABLE LAW AND PLACE OF JURISDICTION
Zurich, September 2023