В соответствии с Федеральным законом РФ от 27.06.2006 №152-ФЗ «О персональных данных», я даю свое согласие на обработку и хранение указанных в данной регистрационной форме My1Min персональных данных. Я даю разрешение My1Min на использование моих персональных данных для связи со мной по каналам коммуникации, указанных мною в регистрационной форме.
Одна из приоритетных задач в работе My1Min – соблюдение действующего законодательства Российской Федерации в области информационной безопасности, а так же требований федерального закона от 27.06.2006 года №152-ФЗ «О персональных данных», основной целью которого является обеспечение защиты прав и свобод человека и гражданина при обработке его персональных данных, в том числе защиты прав на неприкосновенность частной жизни, личную и семейную тайну.
Я принимаю Правила и Условия использования (далее на английском):
For more specific details on registration, please see Our FAQ on www.my1min.com.
Capitalised terms used in these General Terms & Conditions are as defined throughout these General Terms & Conditions.
Where the word "User", “Users” or “Prospective Employee” is used interchangeably on this Website or in these General Terms & Conditions, this refers to the physical individual visiting the Website and using the Services as a means to seek employment opportunities.
Where the word "Customer" or “Prospective Employer” is used interchangeably on this Website or in these General Terms & Conditions, this refers to the legal entity or the individual who act as an authorised representative for said legal entity, and who visits the Website and uses the System.
You and Us are together referred to as the “Parties” and separately as "Party".
These General Terms & Conditions consists of and are divided into the following parts:
· Part 1: User Terms & Conditions – Applicable for Users visiting and using the Website as a User with a registered profile.
· Part 2: Customer Terms & Conditions – Applicable for Customers visiting and using the Website as a Customer with a registered profile.
· Part 3: General Terms & Conditions – Applicable for any and all persons or legal entities, hereunder both Users and/or Customers, visiting and using the Website with a registered profile.
PART 1 – USER TERMS & CONDITIONS
1.1 You are required to register with Us and create a Profile should You wish to use the Services. Registration is free of charge.
1.2 We reserve the right, in Our sole discretion, to accept or reject Your registration to use Our Website and the Services. The registration necessitates that You provide Us with information pertinent to You, such as Your name, e-mail address, employment history, education history, qualifications and authorisations, or other information which naturally correlates with employment seeking. We may review the information provided and other information that is publically available. If Your registration is accepted, You will be allowed to engage with, and make Submissions to, Prospective Employers.
2.1 After completing the registration process, You will be able to submit, or respond to (“Submission”) a request of, a video presentation effectively serving as an application and/or one-way interview, Your Curriculum Vitae, or other pertinent Personal Data or other information (hereinafter the Services” or “User Generated Content”) to a Prospective Employer or a third party assisting them in the recruitment process, in order to respond to a Prospective Employer’s Listing on Our Website andprospectively find a position at said Prospective Employer.
2.2 The Services provided on Our Website is for personal and non-commercial use only. You warrant not to sell, rent, lease or otherwise charge for the Services or any information derived from such Services.
2.3 You are permitted, however, to view and make use of the content on this Website for Your benefit under the express provision that Your use does not correlate with commercial purposes, without obtaining prior written consent from Us or Our licensors.
2.4 In order to use the Services, You will be required to provide information about Yourself. You certify that You will provide Us with current, complete and accurate information and maintain it as current and accurate.
2.5 You understand that You are responsible for maintaining the confidentiality of passwords associated with any Profile You use in connection with Our Website and the Services.
2.6 Our Services are currently provided free of charge. We reserve the right at any time to begin charging for the Services (excluding already commenced Submissions), either immediately upon posting on the Website or by e-mail delivery to You.
2.7 The Services does not create any binding contractual obligations between You and a Prospective Employer. The Services only act as a conduit enabling You to search and/or apply for employment opportunities.
3. INTELLECTUAL PROPERTY RIGHTS & GRANT OF LICENCE
3.1 Unless otherwise provided by Intellectual Property Rights, You own the rights to anything You post to the Services, including text, video and photographs. You do, however, grant Us a royalty-free, irrevocable, non-exclusive, worldwide, perpetual licence to use, display, store, broadcast, transmit, modify, copy, distribute, reproduce, adapt, publish, perform, sublicense, and create derivative works from all Submissions You provide to Us in any media now known or hereafter devised. You also grant Us the right to make such User Generated Content available for third parties as required for the provision of the Services, or otherwise use and reuse all or any part of the User Generated Content.
3.2 In order to provide the Services, We may be required to:
a) Transmit or distribute Your User Generated Content over various public networks and in various media; or,
b) make amendments to Your User Generated Content as is required by the technical requirements of connecting networks, devices, services or media.
3.3 By using the Services, You waive and agree never to assert any and all moral rights in and to all of the materials licensed in these General Terms & Conditions. We reserve the right to display advertisements in connection with the User Generated Content. We are not required to host, display, or distribute any of the User Generated Content and We may refuse to accept or transmit the User Generated Content, and may also remove or delete all or any portion of the User Generated Content from Our Website at any time.
PART 2 – CUSTOMER TERMS & CONDITIONS
1. GRANT OF LICENCE
1.1 Subject to these General Terms & Conditions, We grant to the Prospective Employer a non-exclusive, non-perpetual and non-transferrable licence (“Licence”) consisting of a right to use the System.
1.2 You are permitted to view and make use of the User Generated Content or other material on this Website for Your benefit under the express provision that Your use does not correlate with commercial purposes other than for the purpose of evaluating and engaging Prospective Employees (also referred to as “Users”), without obtaining prior written consent from Us or Our licensors.
1.3 You acknowledge that the Licence is granted on a case-by-case basis for each Listing. As such, You warrant to delete any and all Personal Data received from a User in connection with a Listing at Our request, or after the Listing is discontinued or the position(s) requested in said Listing has been filled.
2.1 You are required to register with Us and create a Profile should You wish to use the System. Registration is free.
2.2 We reserve the right, in Our sole discretion, to accept or reject Your registration to use Our Website and System. The registration necessitates that You provide Us with information pertinent to Your legal entity. We may review the information provided and other information which is publically available. If Your registration is accepted, You will be allowed to engage with, and create Listings for, Prospective Employees.
3.1 By using Our System, You are able to search for Prospective Employees in an
expedient and cost-effective manner. The System allows You to post at Our website; information about a new position at Your legal entity, outlining the required qualifications, educational background, authorisations etc. (“Listings”). For the purposes of these General Terms and Conditions, Listings shall mean the period constituting 50 days, in which a Prospective Employer may use the System to review Prospective Employees for the purpose of hire. Listings may be renewed subsequently for a 50 day period.
3.2 By using the System, You allow Prospective Employees to view Your Listings and to
make submissions (“Submissions”) to You consisting of a video presentation and a Curriculum Vitae/résumé and other relevant information. You may also request a Prospective Employee with a public Profile to make such a Submission.
3.3 By using the System You acknowledge and accept that the video presentations
Submitted by a Prospective Employee will be water marked, and that any download, copy, recording, screen video or screenshot and/or storage of said video presentations is strictly prohibited. You agree and acknowledge that Users are able to remove or otherwise make videos unavailable at any times in their sole discretion.
3.4 The System does not create any binding contractual obligations between the Prospective Employee and a Prospective Employer. The System only acts as a conduit, enabling the Prospective Employer to receive or request Submissions from Prospective Employees.
3.5 By using the System, You acknowledge that We do not inquire into the backgrounds of the Prospective Employees or attempt to verify the statements of the Prospective Employees (although We reserve the right to conduct any background check or other screenings at any time using available public records). You are solely responsible for conducting any background checks, reference checks, or other due diligence that You deem necessary or may require before employing a Prospective Employee. Furthermore, You agree to comply with all laws and regulations relating to the intended contract of any Prospective Employee.
4.1 When using the System on Our website, Our e-commerce cart provides You with an estimate of the approximate charges based on Your choice of System.
4.2 Our System is charged on a Pay-per-use basis (“the Listing Fee”) which rates are available in Your Profile. The same applies for fees incurred due the addition of authorised users of a Customer Profile (“Customer Access Surcharge”) or any other additional fees. The value added tax You will be/have been charged for the System is the estimated value added tax applicable for Your location. We will post the value added tax amount pertinent to Your location, which may be more or less than the estimated taxes, to Your payment confirmation page in Your Profile. You are solely responsible for payment of such additional amount.
4.3 Other than mentioned in section 4.2 above, the Subscription Fee payable for Your use of the System does not include any other sales, usage, excise, ad valorem, goods and services, harmonised sales, property or any other taxes now or hereafter imposed, directly or indirectly, by any governmental authority or agency with respect to the System. You are solely responsible for payment of such taxes.
4.4 By authorising Us to debit Your debit or credit card, You represent that You are the owner or otherwise duly authorised user of the debit or credit card, and that You are a responsible party for that card.
4.5 We reserve the right at any time to change Our Subscription Fees, additional fees and billing methods, either immediately upon posting on the Website or by e-mail delivery to You. Such changes in pricing will not have retroactive effect.
4.6 You agree to pay, on time, any applicable rates and charges, including, without limitation, usage plus any applicable taxes, as incurred through Your use of the System. The applicable currency for Your region in which Your System payments are due and payable, is specified on Your Profile.
4.7 You agree to pay Us a late charge at Our then-current late payment rate as published on the Website if Your bill is not paid within the due date. Currently, the late payment rate is the lesser of:
a) Four (4) % per month; or,
b) the maximum legal rate permissible pursuant to applicable law.
4.8 We may refer delinquent Profiles to attorneys and/or collection agencies. To the full extent permissible pursuant to applicable law, You agree to pay or reimburse Us all of Our collection costs, including without limitation the standard fees of any collection agency, reasonable attorney and legal fees, and any other costs incurred by Us in exercising any of Our rights under these General Terms & Conditions.
4.9 If You fail to pay any sum due for Your use of the System, or violate these General Terms & Conditions or laws, rules or regulations governing the use of the System, We may reduce, suspend, or permanently terminate Your use of the System, which reduction, suspension or termination may be without prior notice. We may also terminate Your use of the System if:
a) A law enforcement agency notifies Us that probable cause exists to believe that You have used or will use the System in violation of or to violate the law, and requests action to protect the public's health, safety or welfare;
b) We determine that You are using the System in a manner that might adversely affect the System; or,
c) We determine that Your registration for the System included information that was fraudulent, false or materially incomplete.
5. TYPOGRAPHICAL ERRORS
5.1 In the event that any fees applicable for the use of the System on the Website is mistakenly listed at an incorrect price, We reserve the right to refuse or cancel any orders placed for the System listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and Your debit or credit card charged. If Your debit or credit card has already been charged for the order and Your order is cancelled, We shall issue a credit to Your debit or credit card account in the amount of the incorrect price.
6. INDUSTRY RESTRICTIONS
6.1 Our Website is a family friendly Website and We do not accept nor do We allow the following types of companies into our System: adult content (porn, soft porn, sites with adult ads), certain pharmaceutical companies (cheap drugs etc.) hate, link farms or spam. If You sell any of these products or services and We find out, We will cancel your Profile without hesitation. We do not need to explain Our decision or reasons if We reject or cancel any Profile.
7.1 You expressly covenant and agree to not use, reveal, divulge or make known, directly or indirectly, any confidential information (“Confidential Information”), whether written, graphic, electronic, or other form, including but not limited to information of or belonging to Us, Our affiliates or associated companies and which You become aware of in Your use of the System or which is shared in accordance with these General Terms & Conditions, for the benefit of any entity, organisation or individual other than Your use of the System, without the express, prior and written approval of Us, and for as long as such information could be deemed to constitute Confidential Information.
7.2 Confidential Information means all information not generally known, proprietary to Us or to a third party for which We have provided services to, including, but not limited to, information concerning these General Terms & Conditions, the Services, the System, specifications, illustrations, descriptions, designs, manuals, processes, formulas, methods, source codes, plans, devices, research and development, techniques, materials, analysis, customer relationships, technical information, financial data, operational information and any Intellectual Property Rights or any other Confidential Information or proprietary aspects of Our business. All information acquired by You in Your use of the System or otherwise, which You have reason to believe to be Confidential Information, or that We treats as being Confidential Information, shall be deemed to be Confidential Information, with the exception of:
a) Information that becomes public by other means than by a breach of these General Terms & Conditions;
b) information which was already in the lawful possession of a third party prior to the receipt from Yourself;
c) information that is obtained from a third party which is lawfully entitled to disclose such information without any restriction on disclosure; or
d) information that is required to be disclosed by law, regulations issued under law or by order of a court, stock exchange or a governmental, supervisory or regulatory authority of competent jurisdiction. If the aforementioned disclosure of information is prescribed, You undertake to promptly inform Us of such obligation and provide the assistance necessary to protect the information to every possible extent.
7.3 You agree to keep all information gained from using Our Website and the System confidential, hereunder that:
a) You will use any content submitted by Prospective Employees in accordance with applicable privacy and data protection laws; and,
b) You will take appropriate physical, technical and administrative measures to protect the content You obtain through the use of the Website from loss, misuse, unauthorised access, disclosure, alteration or destruction.
7.4 You shall be prohibited from exploiting the know-how or expertise that You acquire in connection with Your use of the System and these General Terms & Conditions which belongs to Us, without Our express, prior and written approval.
7.5 You shall also take appropriate precautions to prevent disclosure of Confidential Information to unauthorised employees, shareholders, members, directors, officers, agents and representatives who are not under a duty of confidentiality.
7.6 The perpetual duties of non-disclosure as stipulated in this section shall survive these General Terms & Conditions without expiry, or survive for the maximum extent permissible pursuant to applicable law.
8. TOTAL AGGREGATE LIABILITY
8.1 To the maximum extent permissible pursuant to applicable law, the total, maximum,
aggregate liability of Us for all damages, losses, and causes of action or claims (whether in contract, tort or otherwise) arising out of or in connection with the System or these General Terms & Conditions, shall in no event exceed the total amount paid by You for the System during the 3 months preceding the claim, or the highest allowable threshold permissible pursuant to any mandatory and applicable law. The aforementioned limitations of liability will not apply in case Your loss has come as a result of Our gross negligence or wilful misconduct.
8.2 Applicable law may not allow the limitations or exclusions of liability or incidental or consequential damages, and so to that extent the abovementioned limitations or exclusions may not apply to You.
PART 3 – GENERAL TERMS & CONDITIONS
1. OUR ROLE AS FACILITATOR
1.1 We do not act as an agent for the purposes of the Submission or Listing process. We merely provide Users and Customers with a location and the technological tools to enable them to find and connect with each other. Users and Customers are solely responsible for any issues arising from or in connection with their use of the Services and the System.
1.2 These General Terms & Conditions do not create a partnership or agency relationship between the User and the Customer. Neither the User nor the Customer have the right to enter into written or oral — whether implied or express — contracts on behalf of each other, unless otherwise agreed between the User and the Customer. The User and the Customer agree that We do not, in any way, supervise, direct, or control the manner, means, or conditions of any work or services performed. We do not set work hours or the location of any work pursuant to any employment relationship. We will not provide either the User nor the Customer with training or any equipment, labour or materials needed, or supervision for a particular employment. We will not set the rate or method of payment, process Customer invoices, nor will We provide benefits or deduct any amount for withholding unemployment, Social Security, or other taxes. The User and the Customer will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority, in any nation, with respect to an employment.
1.3 No contractual obligations are created for either the User or the Customer through the use of the Services or the System. The User is not obligated to accept any request from the Customer, and any Submissions or Listings by the User and the Customer are not binding on each other.
1.4 Any agreements created between a User and a Customer are not binding on Us. We are not liable for, nor obligated to enforce, any agreements between a User and a Customer. You will not consider Us, nor will We be construed as, a party to such transactions, whether or not We receive some form of remuneration in connection with the transaction, and We will not be held liable for any costs or damages arising out of or in connection with such transactions.
2.1 You acknowledge Your responsibility to ensure that You have internet access, a compatible and updated web browser, and a computer system, tablet or mobile device which will support Your use of the Services or the System.
3. CONTENT CONTROL
3.1 Due to the sheer number of content being produced by Our Users and Customers, We do not and cannot review all communications and materials posted to or created by Our Users or Customers accessing the Services (also referred to as "User Generated Content") or the System, and We are not in any manner responsible for the content of these communications and materials. We reserve the right to block or remove communications or materials that We determine to be in violation of Our Community Guidelines (see Section 5 below) or is offensive or otherwise unacceptable to Us in Our sole discretion.
3.2 You acknowledge that by providing You with the ability to view and distribute user- or customer-generated content on the Website, We are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any contents or activities on the Website.
4. YOUR RESPONSIBILITIES
4.1 You must exercise caution, good sense and sound judgment in using the Website and the Services and the System provided therein. You are responsible for any data, material or content that You create, place, transmit or display while using the Services or the System, including any consequences of such content.
4.2 You warrant that any information You post to or transmit through the Website is truthful, accurate, complete, current, not misleading and offered in good faith, and that You have the right to post or transmit such information. Such information (including without limitation, data, software text, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is Your sole responsibility.
5. COMMUNITY GUIDELINES
5.1 While using the Website or the Services or the System, You agree to adhere to the following community guidelines (“Community Guidelines”):
a) You must not use this Website or the Services or the System in violation of any applicable law or other personal or legal rights;
b) You must not violate Our or any third party's intellectual property rights or other proprietary rights, including, but not limited to, uploading or otherwise make available files that contain images, software or other material protected by intellectual property laws, including without limitation copyright or trademark laws and rights of publicity and privacy, unless You own or control the rights thereto or have received all necessary authorisations to do the same;
c) You may not collect or track the Personal Data of other individuals;
d) You may not upload commercial content on the Website other than for the express purpose of Submitting to or creating a Listing, nor may You use the Website to solicit others to join or become members of any other commercial online service or other organisation, or otherwise engage in deceptive online marketing;
e) You must not impersonate any individual or other entity or misrepresent Your identity, nor misrepresent Your affiliation with any other individual or other entity, while using this Website;
f) You must not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website;
g) You may not upload, distribute, use, post, publish, send or otherwise transmit through the Website any content which is libellous, defamatory, harassing, discriminating, abusive, sexually explicit, hateful, obscene, harmful, offensive, vulgar,intimidating, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable of any kind, including any material that exploits children or is in breach of other rights, or which may otherwise give rise to liability or violate any law, or any material that We in Our sole discretion does not wish posted or transmitted on the Website;
h) You must not misuse Our Website by knowingly introducing viruses, Trojan horses, cryptos, malware, time bombs, cancelbots, corrupted files, worms and logic bombs or other material or computer programming routines or engines, or engage in conduct that could damage, disrupt or otherwise impair or interfere with a computer's functionality or the operation of the Website;
i) You may not create or spread spam, phish, pharm, pretext, spider, crawl or scrape in connection with Your use of the Website or otherwise;
j) You agree to maintain and promptly update Your information (including contact information) and to keep it true, accurate, current and complete;
k) You must not attempt to log into or attempting to log into a server or profile that you are not authorised to access or otherwise try to gain unauthorised access to Our Website, computer systems, materials, information or any Services or System made available on the Website by any means, the server on which Our Website is stored or any server, computer or database connected to Our Website, or attempt to probe, scan or test the vulnerability of any system or network or otherwise attempt to interfere with, circumvent, or gain unauthorised access to other computer systems through the Website;
l) You must not attack Our Website via a denial of service attack or a distributed denial of service attack, or otherwise attempt to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website, the Services or the System, or any content thereof, or make unauthorised use thereof or use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website; and,
m) You may not assist or permit any persons in engaging in any of the activities described above.
5.2 By breaching the provisions in section 5.1 letter h, k or l, You would be committing a criminal offence under the Norwegian General Civil Penal Code of May 20 2005 no. 28 Section 201 and 204 or the appurtenant applicable foreign legislation. We will report any breach to the relevant law enforcement authorities, and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, We reserve the right to terminate Your right to use Our Website with immediate effect; and
5.3 We reserve the right to block or remove communications or materials that We determine to be in violation of the Community Guidelines described above.
6.1 While We do encourage You to e-mail Us, You should not e-mail Us anything that contains or conveys confidential information. Any material that You transmit to or through this Website will be considered non-confidential and non-proprietary.
7. THIRD PARTY SOFTWARE COMPONENTS & SERVICES
a) You expressly relieve Us from any and all liability arising from Your use of any third party components or services embedded in the Website, or the Use of links on Our Website to third party websites, including Your use of the content and activities of these linked websites; and,
b) agree that, with respect to the third party components and services or any third party website, We are not responsible for the manner in which your Personal Data is processed.
8. INTELLECTUAL PROPERTY
8.1 This Website’s entire content and material, including, but not limited to, the design of the Service and the System, text, scripts, graphics and code, interactive features, intellectual property rights (“Intellectual Property Rights”), whether registered or unregistered, are proprietary to Us, Our affiliates, or to other companies where so indicated, including the material published on Our Website. Under no circumstance do We grant to You by implication, estoppels nor otherwise any right, title, licence or interest in any Intellectual Property Rights, unless otherwise specified herein.
8.2 For the purposes of these General Terms & Conditions, Intellectual Property Rights shall mean all rights, privileges and priorities provided under applicable supranational, national, federal, state or local law, rule, regulation, statute, ordinance, order, judgment, decree, permit, franchise, licence, or other government restriction or requirement of any kind relating to intellectual property, whether registered or unregistered, in any country, including without limitation: any copyright, copyrightable works, database rights and related items, rights in designs, domains names, trade secrets, trademarks, service marks, reports, software, utility certificates, utility models, patents, patent applications (including any patent that in the future may be issued in connection therewith and all divisions, combinations, continuations, continuations-in-part, extensions, additions, registrations, confirmations, re-examinations, supplementary protection certificates, renewals or reissues thereto or thereof), know-how, names, product names, corporate names, logos and trade dress, the goodwill of any business symbolised thereby, and all common-law rights relating thereto, registrations, applications, recordings, rights of enforcement, rights of recovery based on past infringement and any and all claims of action related thereto and licences or other similar agreements related to the foregoing or any applications for any of the aforementioned, wholly or partly developed, and/or used and/or owned by Us or a third party.
8.3 You may not use, publish, republish, transmit, upload, post, distribute, produce,
reproduce, copy, modify, enhance, improve, remove, delete, amend, augment, reverse engineer, decompile, or disassemble the Services, the System, Confidential Information or Intellectual Property Rights or any other material on this Website belonging to Us or Our licensor, other third parties, or otherwise Submitted to You by the User, nor may You facilitate other Services or Systems that are derived from the Services, the System or the Intellectual Property Rights, unless authorised by Us. Furthermore, You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof. Permission for all other uses of materials contained herein, including reproducing and distributing multiple copies, or linking to any page at this Website except the "home page" (www.my1min.com), must be obtained from Us in advance.
9.2 You agree that We may terminate or suspend Your use of the Services or the System to You at any time without notice or liability to You and for any reason.
9.3 Without liability to any User or Customer and in accordance with section 19 of the Electronic Commerce (EC Directive) Regulations 2002 (SI2002/2013) and article 14 of the E-Commerce Directive (2001/31/EC), We reserve the right to, at any time, with or without notice and in Our sole discretion, terminate the Profile of any User and Customer and/or remove any content posted by any User or Customer that infringes Intellectual Property Rights upon prompt notification to Us by the Intellectual Property Rights owner or their legal representative.
9.4 Without limiting the foregoing, if You believe that any material on the Website infringes Your copyright and/or trade mark rights, please provide the following information to Us at :
a) A description of the copyright work and/or trade mark that You claim has been infringed;
b) a description of the location on the Website of the material that You claim is infringing your right(s); and,
c) a description of the infringement.
9.5 Upon termination, You must destroy all materials obtained from this Website and all copies thereof, whether made under these General Terms & Conditions or otherwise.
9.6 If You wish to terminate Your relationship with Us, you may do so by deleting your own profile, or by notifying Us at any time and closing Your Profile for the Services or the System. Your notice should be sent in writing, in accordance with section 19 and 21 below. Termination of Your relationship with Us may result in the immediate deletion of any or all of the user- or customer generated content. We will not have any liability whatsoever to You for any suspension or termination, including for deletion of the aforementioned content.
10. FORCE MAJEURE
10.1 In case of a Force Majeure event, including matters outside of Our or Your reasonable control, which results in a temporary impediment in the performance of one Party’s obligations, the Parties’ respective obligations will be suspended without liability for the Parties. Either Party may terminate their relationship with each other with no liability by sending a notice to the other Party by registered letter with acknowledgment of receipt:
a) If the Force Majeure event has continued for a minimum period of one (1) month; and,
b) when the Force Majeure event occurred, it resulted in a permanent impediment in the performance of a Party’s obligations. The termination will be effective at the date of receipt of such registered letter.
11. LIMITATION OF LIABILITY
11.1 While We make every reasonable effort to ensure that all information and
material provided on this Website is accurate at the time of its inclusion, there may at any particular time befall inaccuracies, errors, omissions or information that is not up to date. This Website and the materials, the Services and the System on this Website are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, We exclude all conditions, warranties, express or implied, including, but not limited to, the use of the materials in this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or implied warranties of merchantability and fitness for a particular purpose and non-infringement, or other terms which might otherwise be implied by statute, common law or law of equity.
11.2 We are not responsible for and do not necessarily endorse the accuracy or reliability of any third party content that may be accessed or available through this Website, including any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties. Nor are We responsible for the practices, contracts, contractual obligations, or other obligations that may arise from an employment between a User and a Customer, or as to data privacy of any Customer or third-party websites accessible through this Website. You understand and acknowledge that We are not responsible for and do not monitor third party content for accuracy or reliability.
11.3 We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect Your computer equipment, tablet, mobile device, computer programs, data or other proprietary material due to Your use of Our Website or to Your downloading of any material posted on it, or on any website linked to it.
11.4 While We aim to provide Our Users and Customers with uninterrupted use of Our Website, We cannot guarantee Our Website’s uptime and stability. As a result of this, We may have to perform periodic maintenance resulting in the inability to use the Services or the System offered on this Website. We do not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that the defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or other harmful components.
11.5 To the extent permissible pursuant to applicable law, even if We or one of Our authorised representatives has been advised of the possibility of liability, We and Our employees, shareholders, members, directors, officers, agents, representatives,licensors, licensees, suppliers, affiliates or associated companies exclude all liability, whether resulting from contract, tort (including liability for negligence or breach of statutory duty) or any indirect, special, consequential, incidental, reliance, compensatory, exemplary or punitive loss, liability, damage, costs, expenses or claims, whatever and however caused without limitation, resulting from the acts or omissions of the aforementioned parties in this section, for any faults, failures or inadequacies of the Services or the System whether including, without limitation, any failure or delay in the provision of the Services or the System caused by:
a) Failure of or delay in Your e-mail or cell phone provider to transmit the message to You, or failure or delay of the service provider;
b) failure of or delay in Your computer, tablet or mobile device to transmit any message(s) to Our Website;
c) failure to properly install or configure Our Services or the System;
d) non-compatibility of Our Services or System with web browsers, computer operating systems or smartphone operating systems and third party software; and,
e) Your use of, or the inability to use, the materials in this Website.
11.6 Applicable law may not allow the limitations or exclusions of liability or incidental or consequential damages, and so to that extent the abovementioned limitations or exclusions may not apply to You.
12.1 By using this Website, You undertake to indemnify and hold harmless, to the maximum extent permissible pursuant to applicable law, Us or any of Our employees, shareholders, members, directors, officers, agents, representatives, licensors, licensees, suppliers, affiliates or associated companies, from and against any and all claims, actions, suits or proceedings, as well as any indirect, special, consequential, incidental, reliance, exemplary or punitive loss, liabilities, damage, costs or expenses, whatever and however caused without limitation, including, but not limited to, reasonable attorneys' fees arising out of or in connection with:
a) Your or anyone’s use of the Website;
c) any negligent, reckless or tortuous act or omission committed by You or any authorised user, or any other individual accessing the Website using Your Profile or internet connection.
16.1 We have a policy of continuous improvement, and therefore reserve the right to alter any information on the Website without prior notice.
16.2 We may revise these Terms & Conditions at any time without notice and in Our sole discretion. When any amendments are made, We will make a new copy of these General Terms & Conditions available at the Website. We will also update the “Last Revised” date at the top of these General Terms & Conditions. If We make any material changes, and You have registered to use the Services or the System, We may also send an e-mail to You at the last e-mail address You provided Us with.
16.3 It is Your responsibility to regularly check for changes to these General Terms & Conditions because they will be binding on You. Any new or updated feature, content of application that will be made available through the Website will be subject to these General Terms & Conditions. Your use of the Website after such changes constitutes Your agreement to such changes.
16.4 You agree that We may make amendments to the Services or the System in order to comply with applicable laws, to maintain or improve the Services or System for other business reasons, in Our sole discretion, without notice to You and without liability for any changes in Your ability to use the Services or the System as a result of such changes.
17. OFFICAL LANGUAGE
18. COMPLIANCE WITH APPLICABLE LAWS
18.1 We control and operate the Website from Our offices in Norway. We do not represent that the materials on the Website are appropriate or available for use in other locations. Those who choose to access and use this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. To the fullest extent permissible pursuant to applicable law, You waive Your respective rights to a trial by jury.
19.1 For contractual purposes, You agree:
a) To receive communications from Us in an electronic form; and,
b) that all terms, conditions, agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications would satisfy if they were in writing. The foregoing does not affect Your statutory rights.
20. DISPUTE SETTLEMENT
20.1 You may only resolve disputes with Us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations are not allowed.
20.3 Unless otherwise prescribed by law, any cause of action or claim You may have with respect to the Website (including but not limited to the purchase of Our System) must be commenced within one (1) year after the claim or cause of action arises.
21. COMPLAINT & CONTACT
21.1 If You have any questions regarding these General Terms & Conditions or wish to bring a complaint to Our attention, please e-mail us at , and We will endeavour to respond to You promptly.
21.2 We will investigate all complaints and if a complaint is found justified, We will take all reasonable steps to resolve the issue.
We are committed to ensuring that Your privacy is protected, and We aim to be as open and transparent as possible around the purpose and Your rights concerning the Personal Data We collect when You visit Our Website.
Please note that We are the data controller of Your Personal Data.
1. Consent to process of Personal Data.
2. What is Personal Data?
3. What kind of Personal Data do We collect?
4. When do We collect Personal Data?
5. Why do We collect Personal Data?
6. Visibility of the Personal Data.
7. For how long do We keep Your Personal Data?
10. Our policy towards children.
11. Do We disclose Personal Data to third parties?
12. Third party links.
14. International transfer.
15. Accessing, amending or deleting Your Personal Data.
16. Compliance with applicable law.
18. Complaint & contact.
1. CONSENT TO PROCESS OF PERSONAL DATA
1.3 The nature and use of Our Services and System, e.g. dissemination services between a Prospective Employer and a Prospective Employee, necessitates and requires You to provide Us with the Personal Data requested. Consequently, if You choose to not provide Us with any required Personal Data, We may not be able to offer You the Services or System requested. We will inform You of the consequences of the withdrawal of consent.
1.4 In reference to section 1.3 above, We may facilitate the disclosure of Your Personal Data to a Prospective Employer, or third parties assisting in the recruitment process, when You make a Submission (e.g. the process in which You voluntarily disclose Your Personal Data to a Prospective Employer or any third party assisting in the recruitment process) to said Prospective Employer’s Listing on Our Website, thus consenting to their processing of Your Personal Data for the express purpose of evaluating You for a work-related position at said Prospective Employer. Furthermore, You consent to the Prospective Employer downloading and storing Your Curriculum Vitae for the purposes of the existing Listing or any potential future Listings. Should You wish to delete Your Curriculum Vitae, please contact Us (see section 15 and 18 below).
1.5 We encourage You to share Your Personal Data with third party social media providers, including, but not limited toFacebook and LinkedIn. You acknowledge that You are solely responsible for disclosing Your Personal Data to such third party providers, and We do not assume any liability for Your Personal Data or its processing thereof.
1.6 We only collect, use and disclose Personal Data for purposes that would be considered reasonable in the circumstances and We only use fair and lawful methods to collect Personal Data.
2. WHAT IS PERSONAL DATA?
3. WHAT KIND OF PERSONAL DATA DO WE COLLECT?
3.1 While ordering or registering on Our Website as a registered User or Customer, as appropriate, or otherwise using the Website through a registered Profile, You may provide Us with Personal Data.
3.2 Personal Data that We collect may include, but is not limited to:
a) Your name.
c) Professional title.
d) Phone number.
e) Legal entity name.
f) Debit or credit card or other billing information.
g) Home and business postal addresses.
h) Email address.
i) A record of Your communication when You contact Us to help solve any issues You might be facing.
j) Date of birth, in order to verify Your identity and comply with certain age requirements pertaining to a Listing, where applicable.
k) Audio and visuals (e.g. photo and video), including video presentations and pictures You choose to Submit on the Website.
l) Details concerning Your use of Our Service, such as Your search queries.
m) Internet protocol address.
n) Device event information, such as crashes, system activity, hardware settings, browser type, browser language, the date and time of Your request and referral URL.
o) Information contained in Your Curriculum Vitae, including Your current occupation, employment history, education history and Your personal summary.
p) Information You supply to Us concerning Your preferences and interests expressed in the course of Your use of Our Website.
3.3 Each User and Customer is assigned or required to create a Profile and an adjoining User ID and Password that are used to log in to the Website. Such Personal Data will only be used for authenticating access to and managing the Website as well as improving its content.
3.4 We may also use Non-Personal Data that We collect, which may include, but is not limited to:
b) Location, country and area code.
c) Unique device identifier, referrer URL, location, and the time zone where the Services is utilised so that We can better understand Your behaviour and improve Our Services.
3.5 As a general rule, We do not collect sensitive information about You (e.g. health information), unless relevant or necessary for the purposes of providing Our Services to You. However, in circumstances where We require sensitive information from You, We will first seek Your consent to collect it.
4. WHEN DO WE COLLECT PERSONAL DATA?
4.1 We collect Personal Data when You register on Our Website, Submit to a Listing, place an order, subscribe to a newsletter, respond to a survey or marketing communication, surf the Website, use certain Website features, fill out a form, open a support ticket, or Use or enter information on Our Website.
5. WHY DO WE COLLECT PERSONAL DATA?
5.2 We may use the Personal Data We collect from You in the following ways:
a) To provide, improve, maintain and protect Our Services, Website, System, features, and content in order to better serve You.
b) To allow Us to better service You in responding to Your Service or System requests.
c) To administer a survey, Your use of the Website or other Website features.
d) To fulfil requests You may make.
e) To process orders and transactions and to send information and updates pertaining to such orders and transactions.
f) To personalise Your experience and to allow Us to deliver the type of content and product offerings in which You are most interested.
g) To enable Users and Customers to enjoy and easily navigate the Website.
h) To fulfil prizes and contests.
i) To ask for ratings and reviews of the Services or the System.
j) To Provide us with feedback on Our Services or the System.
k) To provide You with further information and offers from Us or third parties that We believe You may find useful or interesting, including newsletters, marketing or promotional materials and other information on the Services or the Systemoffered by Us or third parties. If You decide at any time that You no longer wish to receive such communications, please follow the unsubscribe instructions provided in any of the communications or update Your "user preferences" information in Your Profile (or see section 15 below concerning the amendment and/or deletion of Personal Data).
6. VISIBILITY OF THE PERSONAL DATA
6.1 We will display Your Personal Data in Your Profile page and elsewhere on the Website according to the preferences You set in Your Profile. We recommend that You guard Your anonymity and We encourage You to think carefully about what Personal Data You disclose in Your Profile page or in Your Submissions or Listings. You can review and revise your Profile information at any time.
7. FOR HOW LONG DO WE KEEP YOUR PERSONAL DATA?
7.1 We keep Your Personal Data only as long as it is required for the reasons it was collected and/or disclosed by You. The time period in which We store Personal Data varies, depending on Your use of the Services or System, hereunder Submission to applicable Listings and the nature of the Personal Data. As a general rule and unless requested otherwise by You, one minute video Submissions will be removed after 100 days, while 20 second video Submissions will be removed after 365 days.
7.2 We may store Personal Data beyond the end of an individual’s relationship with Us, but only to the extent necessary for Us to have sufficient information to respond to any issues that may arise at a later date.
7.3 When your Personal Data is no longer required for Our purposes, We have procedures to destroy, delete, erase or convert it into an anonymous form.
9.1 We have not enabled Google AdSense on Our Website but We may do so in the future.
10. OUR POLICY TOWARDS CHILDREN
10.1 This Website is not directed to children under 18, and We will never knowingly solicit or collect, nor will We accept, Personal Data from individuals known to be under thirteen (13) years. Furthermore, We do not specifically market to children under the age of 18 years. If We were to accept registration from a child under the age of 16 years, We would require parental consent. If a parent or guardian becomes aware that his or her child has provided Us with Personal Data without their consent, he or she should contact Us at . If We become aware that a child under the age of 13 years has provided Us with Personal Data, We will attempt to delete such Personal Data from Our files as soon as possible.
11. DO WE DISCLOSE PERSONAL DATA TO THIRD PARTIES?
11.1 We cooperate with third parties to provide the Services and the System on Our Website. A third party is an organisation that is not hosted at the domain address in Your browser when You visit Our Website.
11.2 In case We store or use third party cloud solutions, We will ensure that We receive sufficient guarantees that they have satisfactory systems and routines for storing and deleting Personal Data. As such, We only cooperate with leading companies such as Microsoft, Stripe, Pure Chat, Hubspot, Increo and Vimeo etc.
11.5 We may disclose Your Personal Data to individuals or organisations who are Our service providers and who are involved in database management, maintaining, reviewing and developing Our business systems, procedures and infrastructure, including testing or upgrading Our computer systems or otherwise facilitates Our Services or System. These third parties have access to Your Personal Data only for the purposes of performing these tasks on Our behalf. If We were to disclose Personal Data to organisations that perform services on Our behalf, We will require those service providers to use such Personal Data solely for the purposes of providing services to Us and to have appropriate safeguards for the protection of that Personal Data.
11.6 You acknowledge that We cooperate with government authorities, law enforcement officials and private entities to enforce and comply with any applicable law. Please note that there are circumstances where the use and/or disclosure of Personal Data may be justified or permitted or where We are obliged to disclose Personal Data without Your consent. Such circumstances may include, but is not limited to:
a) Where required by law or by order or requirement of a court, administrative agency or governmental tribunal.
b) Where We believe, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable individual or group.
c) Where it is necessary to establish or collect monies owing to Us.
d) Where it is necessary to permit Us to pursue available remedies or limit any damages that We may sustain.
e) Where the Personal Data is public.
11.7 Where We are obliged or permitted to disclose Personal Data without Your consent, We will not disclose more Personal Data than is required.
12. THIRD PARTY LINKS
12.3 We are not liable or responsible for any privacy policies created using Our Services or the System, and We give no representations or warranties, express or implied, that the privacy policies created using Our Services or System are complete, accurate or free from errors or omissions.
13.1 Safeguarding Your Personal Data is Our highest concern. As such, We endeavour to maintain and employ reasonable measures for the physical, procedural and technical security with respect to the offices and information storage facilities involved with Your Personal Data, so as to prevent any loss, misuse, unauthorised access, disclosure, or modification of Your Personal Data. This also applies to Our disposal or destruction of Your Personal Data.
13.2 Our Website is scanned, including malware scanning, on a regular basis for security holes and known vulnerabilities in order to make Your visit to Our Website as safe as possible.
13.3 Your Personal Data is contained behind secured networks and is only accessible by a limited number of individuals who have special access rights to such systems, and are required to keep the Personal Data confidential. We use computer systems with limited access housed in facilities using physical security measures.
13.4 We implement a variety of security measures when You enter, submit, or access Your Personal Data to maintain the safety of Your Personal Data.
13.5 We review Our data collection, storage and processing practices, including physical security measures, to guard against unauthorised access to Our computer systems.
13.6 All payment transactions are processed through a gateway provider and are not stored or processed on Our servers. In addition, all debit and credit card information You supply is encrypted via Secure Socket Layer (SSL) technology.
13.7 If any employee of Us misuses Personal Data, this will be considered as a serious offence for which disciplinary action may be taken, up to and including termination of employment. If any individual or organisation misuses Personal data - provided for the purpose of providing services to or for Us - this will be considered a serious issue for which action may be taken, up to and including termination of any agreement between Us and that individual or organisation.
13.8 In case of any data breach concerning Your Personal Data, We will notify You via email or in-site notification within 4 business days.
14. INTERNATIONAL TRANSFER
15. ACCESSSING, AMENDING OR DELETING YOUR PERSONAL DATA
15.1 Whenever You use Our Services or System, We aim to provide You with access to Your Personal Data. Where We can provide Personal Data access and correction, We will do so free of charge, except where it would require a disproportionate effort. We aim to maintain Our Services in a manner that protects Personal Data from accidental or malicious destruction. Because of this, after You delete Your Personal Data from Our Website, We may not immediately delete residual copies from Our active servers and may not remove Personal Data from Our backup systems.
15.2 We will provide information from Our records in a form that is easy to understand.
15.3 We reserve the right to decline to provide access to Personal Data where the Personal Data in question would disclose:
a) Personal Data, including opinions, about another individual or about a deceased individual.
b) Trade secrets or other business confidential information that may harm Us or the competitive position of a third party.
c) Does not exist, is not held, or cannot be found by Us.
d) Is subject to attorney-client, litigation or other legal privilege.
e) May be withheld or is requested to be withheld under applicable legislation.
f) May harm or interfere with law enforcement activities and other investigative or regulatory functions of a body authorised by law to perform such functions.
g) Would interfere with contractual or other negotiations of Us or a third party.
15.4 Where information will not or cannot be disclosed, You will be provided with the reasons for nondisclosure.
15.5 We may also reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), or would be extremely impractical (for instance, requests concerning information residing on backup systems).
15.6 We endeavour to ensure that any Personal Data provided and in Our possession is as accurate, current and complete as necessary for the purposes for which We use that Personal Data. If We become aware that Personal Data is inaccurate, incomplete or out of date, We will revise the Personal Data and, if necessary, use Our best efforts to inform third parties which were provided with inaccurate Personal Data so that those third parties may also correct their records.
15.7 If Your Personal Data is wrong, We strive to give You ways to update it quickly or to delete it – unless We have to keep that Personal Data for legitimate business or legal purposes. To guard against fraudulent requests for access, We may require sufficient information to allow Us to confirm that the individual making the request is authorised to do so before granting access or making corrections. We reserve the right not to change any Personal Data but will append any alternative text the individual concerned believes to be appropriate.
15.8 All registered Users or Customers may review, update, correct or delete the Personal Data provided in their registration or Profile by contacting Us (see section 18 below) or by changing their "user preferences" in their Profile. If you completely delete all such Personal Data, then your Profile may become deactivated.
16. COMPLIANCE WITH APPLICABLE LAW
16.1 Technology with a Heart AS is an organisation based in Norway. Depending on your location, and the Service or System; Your Personal information may be stored and processed within secure data centres in Norway or within the European Economic Area, where Norwegian and/or European law applies.
18. COMPLAINT & CONTACT
18.2 We will investigate all complaints and if a complaint is found justified, We will take all reasonable steps to resolve the issue.