Terms of Trial Access to the eRecruiter Application

Terms of Trial Access to the eRecruiter Application
§ 1 DEFINITIONS
The following expressions used in these Terms shall have the following meanings:
Service Provider or eRecruitment Solutions – eRecruitment Solutions spółka z
ograniczoną odpowiedzialnością with its registered office in Warsaw at ul. Prosta 51,
entered into the register of entrepreneurs kept by the District Court for the Capital City of
Warsaw, XII Commercial Division of the National Court Register under the number KRS
0000282554, holding the tax identification number (NIP): 5272541511 and the statistical
number (REGON) 140980270.
2. eRecruiter Application or the Application – internet application that is the property of
eRecruitment Solutions, available at the website https://system.erecruiter.pl, that allows
Clients to independently control and manage on-going recruitment processes and the
database of Candidates responding to the Client’s job advertisements.
3. Client – a legal person, an organization without legal personality or an individual conducting
business activity using services provided by the Service Provider to carry out recruitment
processes for satisfaction of its own HR needs; for the purposes of these Terms this
definition is also applied to Agencies.
4. Agency – employment agency within the terms of the Act dated 20 April 2004 on
employment promotion and other institutions of the job market as well as a temporary job
agency within the terms of the Act dated 9 July 2003 on employment of temporary
employees, using the eRecruiter Application to carry out recruitment processes for
satisfaction of third parties’ HR needs.
5. Activation or eRecruiter Application Activation – granting the Client access to the
Application by providing him by the Service Provider with personalized login and password.
6. Trial Period – the time specified in the Terms, during which the Client has the trial access
to the eRecruiter Application, in order to try out the operation and functionalities of the
Application.
7. Candidate – an individual taking part in the Client’s recruitment processes.
8. Personal Data – any personal data of Candidates entrusted by the Client to the Service
Provider, including personal data of Candidates contained in the eRecruiter application form
and in the application documents sent to the Client in course of the recruitment process.
9. Act – the Personal Data Protection Act of 29 August 1997 (Journal of Laws 2014, item
1182).
10. Regulation – the regulation of the Minister of Internal Affairs and Administration of 29 April
2004 on personal data processing documentation and the technical and organizational
requirements that should be met by equipment and IT systems used for the processing of
personal data (Journal of Laws 2004, No. 100, item 1024).
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11. Software – computer software belonging to the Service Provider which constitutes the basis
for the functioning of the eRecruiter Application, including but not limited to source code,
graphics, HTML files, databases and other software elements necessary for functioning of
the eRecruiter Application.
12. Terms – these Terms.
§ 2 TRIAL ACCESS TO THE ERECRUITER APPLICATION
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Under the conditions specified in the Terms eRecruitment Solutions grants the Client trial
access to the eRecruiter Application, in order to enable him to try out the operation and
functionalities of the Application.
The Trial Period is 21 (twenty one) days.
In order to be granted trial access to the eRecruiter Application, the Client must first submit
a completed registration form, available at www.eRecruiter.pl, containing data and
acceptance of all provisions of the Terms by a person with capacity to represent the Client.
Upon fulfillment of the conditions referred to in section 3 of this paragraph, the Service
Provider makes the Activation of eRecruiter Application. From the date of the Activation,
during the Trial Period, the Client is entitled to use the Application under the Terms.
eRecruitment Solutions reserves the right not to grant a Client trial access and is under no
obligation to give a reason for its decision.
Within the scope of the trial access to the eRecruiter Application, eRecruitment Solutions
undertakes to provide the Client with technical support consisting in free of charge
telephone or e-mail consults. Any correspondence concerning using a consult should be
addressed to [email protected].
At the Client’s request and for the term of the trial access to the eRecruiter Application only,
eRecruitment Solutions provides the Client free of charge with the service “Online
Meetings” according to the terms specified in the Terms of the Provision of the “Online
Meetings” Service, available at http://erecruiter.pl/_files/Regulamin-SwiadczeniauslugiSpotkania-online-2014.pdf.
§ 3 CLIENT’S RIGHTS AND OBLIGATIONS
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The Client agrees to follow the provisions of the Terms commencing from the Client’s first
actions leading to its use of the eRecruiter Application.
The Client agrees not to share, loan or otherwise give access to its eRecruiter Application
login and password to any third party. The Client is liable to the Service Provider for any
unauthorized sharing of the Client’s eRecruiter Application login and password with any
third party and is liable for any loss or damage incurred by the Service Provider arising from
such unauthorised sharing.
The Client understands that eRecruitment Solutions holds all copyrights to the eRecruiter
Application, the Software and all elements thereof that have the character of a creative work
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in the meaning of the Act of 4 February 1994 on copyright and related rights, without
restriction in relation to third parties.
The Client agrees to make use of the eRecruiter Application, the Software and all elements
thereof exclusively for the purpose of trialling the operation and functionalities of the
Application.
The Client is not authorized to give any access whatsoever to the eRecruiter Application,
the Software or any elements thereof to any third party without a written consent of the
Service Provider. The Client is fully liable towards the Service Provider for any unauthorized
granting of access of the eRecruiter Application, the Software or any elements thereof to
third parties and is liable for any loss or damage thus incurred by the Service Provider.
The Client agrees not to copy, reproduce or distribute in any way the eRecruiter Application,
the Software or any elements thereof and is liable towards the Service Provider for any
unauthorized distribution or reproduction and any resulting loss or damage incurred by the
Service Provider.
The Client agrees not to use the eRecruiter Application, the Software or any elements
thereof for the purpose of developing, producing or selling any computer program whether
identical or similar to the eRecruiter Application and agrees not to act in any way with the
aim of causing any infringement of the Service Provider’s copyrights to the eRecruiter
Application, the Software or any elements thereof.
The Client agrees for a period of two years following its being granted access to the
eRecruiter Application not to undertake or conduct (directly or indirectly) any activity
competing with the Service Provider, nor to participate in any competing entity as a partner
in a civil law partnership, partnership or as a member of a body of a company nor to
participate in any other competing corporate entity as a member of a corporate body thereof.
In the event that the Client violates any of the obligations set out in this paragraph, the Client
will pay the Service Provider a contractual penalty of PLN 200,000 for each such breach
within 14 days of being called upon to do so by the Service Provider at the latest.
Notwithstanding the contractual penalty the Service Provider is entitled to claim on general
rules damages in excess of the contractual penalty provided in these Terms.
§ 4 PERSONAL DATA PROCESSING
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The Client is the controller of Candidates’ Personal Data collected and processed by the
Client, with the use of the eRecruiter Application.
In order to secure the proper performance of the trial access to the Application, the Client
entrusts the Personal Data to the Service Provider for further processing in the following
scope:
a) gathering of Personal Data,
b) secure recording of Personal Data,
c) storage of Personal Data,
d) transfer of Personal Data for the purposes arising out of the Terms,
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e) amending of Personal Data when requested to do so by the person to whom that data
provided to the Client relates,
f) deleting of Personal Data when requested by the Client.
The Client entrusts the Service Provider with Personal Data within the scope specified by
the provisions of article 221 § 1 of the Polish Labour Code together with enforcement acts,
possible special provisions and the scope of a possible voluntary consent of the Candidate.
Should the scope of the entrusted Personal Data differ from the one indicated in section 3
of this paragraph, the Client will specify this scope in a separate document in a written
and/or electronic form, provided to the Service Provider at the beginning of use of the
Application at the latest.
By using the trial access to the eRecruiter Application, the Client at the same time consents
to Service Provider entrusting Personal Data for processing within a scope not further than
set out in section 3 and 4 of this paragraph, exclusively for the purpose of enabling the
performance of the rights and obligations under the Terms, to the following entities: K2
Internet S.A. with its registered office in Warsaw at Al. Solidarności 74 A (which is
responsible for co-location and hosting), Oktawave sp. z o.o. with its registered office in
Warsaw at Domaniewska 44 A (which is responsible for hosting in the form of private cloud
computing) and Grupa Pracuj S.A. with its registered office in Warsaw at Prosta 51 (for
purposes including but not limited to the proper implementation of the eRecruiter Service
and ensuring technical support for the Application and service support for the Software).
The Client agrees to further entrustinng Personal Data for processing within a scope not
further than set out in section 3 and 4 of this paragraph, to entities other than those referred
to in section 5 of this paragraph, whenever it is necessary for the provision of eRecruiter
service. The list of these entities is shared by the Service Provider at the Client request.
Before the beginning of Personal Data processing the Service Provider undertakes to take
security measures and to fulfil requirements specified in the provisions of the Act and the
Regulation
As regards following of the provisions as referred to in section 7 of this paragraph, in the
course of Personal Data processing, the Service Provider and the Client will be liable
according to the following rules:
a) The Service Provider is liable as regards the compatibility of the eRecruiter Application
with the requirements of the Regulation,
b) Then Client is liable as regards performance of other duties of data administrator
specified by the provisions as referred to in section 7 of this paragraph.
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The Service Provider declares that K2 Internet S.A., Oktawave sp. z o.o. and Grupa Pracuj
S.A., to which it has further entrusted Personal Data processing assure that they fulfil the
security requirements specified in both the Act and the Regulation.
10. The Service Provider shall be liable for damages caused to the Client as a result of nonperformance or undue performance of obligations resulting under the Terms and under
applicable provisions of law, including damages occurred due to provision of Personal Data
to unauthorised persons, appropriating by an unauthorised person, processing under
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violation of applicable provisions, unauthorised data change, damaging or destruction that
followed due to the Service Provider’s fault. The liability is limited to the value of the actual
damage.
11. The above liability also covers the liability of the Service Provider for entities to which it
entrusted Personal Data processing pursuant to section 5 and 6 of this paragraph.
12. During the Trial Period, the Client is entitled to the independent downloading of the Personal
Data that have been collected in the eRecruiter Application. After the end of the Trial Period,
the Service Provider removes the Personal Data.
§ 5 FINAL PROVISIONS
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These Terms enter into force on April 1st, 2015.
The Service Provider reserves the right to amend these Terms at its discretion.
Any amendments to these Terms become valid upon their publication on the Service
Provider’s website.
All disputes arising in relation to application of the Terms will be settled by the court
competent for the registered office of eRecruitment Solutions.
In matters not stipulated herein the provisions of the binding law shall be applied, including
in particular the provisions of the Civil Code, the Act on copyrights and related rights and
the Act on personal data protection.
These Terms are governed by and construed in accordance with the laws of Poland.
In the event of any doubts the original Polish version of these Terms shall prevail.
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