General Terms
(Version 1.1; Stand 31.08.2021)
Preamble
JOIN Solutions AG, Eichenstrasse 2, 8808 Pfäffikon SZ (Schwyz), Switzerland (hereinafter referred to as “JOIN”) has set itself the mission of connecting job seekers and employers worldwide. Our services are designed to make the recruiting process easier for employers and employees alike, especially for the allocation of suitable candidates and simplifying the job application procedure. Employees, those interested in a job and applicants (hereinafter referred to as “users”) can create a career profile on our platform https://join.com (hereinafter referred to as “platform”), which allows users to submit applications to employers as well as store and manage all their applications and documents required for this in one place.
When creating a user account, the user shall agree that the following General Terms and Conditions (hereinafter referred to as “GTC”) apply exclusively:
These GTC shall apply to all services offered by JOIN to users of its platform.
These GTC shall apply exclusively. Any deviating, conflicting or supplementary terms and conditions of the user shall only become part of the contract if and to the extent that JOIN has expressly agreed to their validity.
JOIN expressly reserves the right to make changes to these GTC. Changes to these GTC shall become effective if the user does not object to the changes in writing within one month of receiving notification of change and JOIN has informed the user of this right of objection and the applicable deadline in the notification of change. If the user objects to the change in writing, the previous GTC shall continue to apply. In this case, JOIN is entitled to terminate the contractual relationship with the respective user within two weeks of receipt of the objection. Excluded from this right to make changes are changes that relate to an obligation of one of the parties, the fulfilment of which is essential to accessing JOIN services and on the compliance of which the other party regularly relies or may rely (“essential contractual obligation”).
JOIN’s main obligation is to provide the platform. JOIN shall provide the platform as it was available when the user account was opened, in accordance with Section 3 (“as is”). A career profile can be created via the user account, which can be seen by companies to which the user applied for a job via the platform. Furthermore, users can manage the content and documents required for job applications via the platform, as well as search for vacancies and monitor applications submitted. If the user sends an application via the platform, JOIN will forward it to the respective employer as part of its service.
The data generated via the platform is also used to optimise the weighting of selection criteria in order to be able to suggest the user profile to potential employers for open positions. This does not entitle the user to any claims for his or her application to be put forward to certain employers. Furthermore, the user has no right to a specific platform design or equipment. JOIN reserves the right to upgrade the platform at any time and to add or remove features in the course of this, as well as to modify it in whole or in part at its own reasonable discretion (§ 315 BGB, German Civil Code), taking into account the interests of the user, or to temporarily or permanently discontinue features, provided this does not affect JOIN’s essential contractual obligations from the contractual relationship and that this is deemed reasonable for the user. In this case, the procedure according to Section 1.3 shall apply.
JOIN endeavours to ensure that the platform can be used as interruption-free as possible. However, technical disruptions (e.g. interruptions to power supply, hardware and software errors, technical problems in the data lines) can result in temporary restrictions or interruptions. JOIN provides the platform with an overall availability of 98.5% as an annual average. The availability is calculated after deducting periods required for maintenance. The platform will not be available during maintenance work. Furthermore, the right to use the content available on the platform is subject to the scope of the technical and operational possibilities at JOIN.
JOIN shall regularly email the user on its own behalf or on behalf of the company posting the job about relevant information, such as the current status of an application, that an employer has taken steps in relation to a submitted CV or application, e.g. when an employer has opened or viewed the user’s CV or application or made a decision.
Job adverts and other content from employers that can be viewed on the platform are deemed third-party content by JOIN, unless they are provided with a clear reference by JOIN. JOIN does not check the completeness, accuracy or legality of third-party content and therefore assumes no responsibility or guarantee for the completeness, accuracy, legality and topicality of the third-party content. This also applies to the quality of the third-party content and its suitability for a specific purpose, and also in the case of third-party content on linked external websites. Users are free to send an email to [email protected] to notify JOIN of content or job adverts that appear to violate legal provisions or the terms of use of the platform.
In order to use the platform, a user must first open a JOIN account. The minimum age for users is 18. There is no absolute right to conclude a user agreement.
To open an account, a user is required to provide his or her correct personal details, which can be verified. Accordingly, opening a user account by providing incorrect personal details constitutes a violation of our GTC. This also includes user accounts that are opened in the name of others or for or by persons under the age of 18. In such cases, we reserve the right to extraordinarily terminate the user agreement.
The user confirms that the contact details and other information requested by JOIN during the registration process are complete and correct and that they are kept up to date. The use of pseudonyms, abbreviations and artist names is not permitted. To verify the information provided, JOIN sends the user a confirmation email using the so-called double opt-in procedure. The data transmitted during the registration process is checked by JOIN for completeness and plausibility. If the information is perceived to be correct by JOIN and there are no other concerns from JOIN’s point of view, JOIN will activate the requested access and notify the user of this by email. By clicking on the confirmation link contained in the email, the user accepts the offer to conclude a user agreement.
The user is responsible for keeping the registration details secret. He or she is obliged to keep their username and password for access secret, not pass them on, not allow unauthorised persons or third parties to gain knowledge of them and to take the necessary measures to ensure confidentiality. If a registered user forgets or loses his or her login details or if there is a suspicion that his or her user account is being accessed by third parties, the user must inform JOIN of this via email at [email protected].
JOIN offers users the opportunity to create a detailed career profile by answering specific questions about themself and their professional career as well as questions about their job search requirements. The answers are required to optimise the user experience, since the additional information enables JOIN to offer the user the best possible career opportunities via its suggestion function. Here, the user’s career profile is compared with the requirement profiles of the job adverts. If the comparison shows that the user meets the requirements or a job advert corresponds to his or her profile, the corresponding job advert or the employer is suggested to the user or the user’s career profile is suggested to the employer. This does not entitle the user to any claims for JOIN to suggest job offers to the user or for the user’s career profile to be suggested to employers.
The user is responsible for any content he or she posts and is obliged to observe all current laws and other legal provisions as well as the provisions of these GTC when submitting job applications and creating or maintaining his or her career profile.
In particular, the user is prohibited from posting any data or content such as text, images, logos, etc. that violate current laws, intellectual property rights, copyrights or other third-party rights. Also prohibited are files containing violent, pornographic, discriminatory, insulting, racist, defamatory or other illegal content or depictions, which may not be uploaded and/or made publicly accessible or made part of the content conveyed via the platform. It is also prohibited to upload files in which third-party company names, trademarks or other commercial symbols or other protected logos are displayed in whole or part, unless the user has the corresponding rights of use and/or permission. Likewise, users are prohibited from any action that is likely to impair the smooth operation of the platform, in particular to overload JOIN’s systems.
If there is a reasonable suspicion of breach of contract or illegal activity, JOIN is entitled to check the user’s activities and, if necessary, to take appropriate legal action without prior notice. This can also include the blocking and deletion of the content, the deactivation of the user account or career profile, the termination of the contractual relationship, the permanent exclusion from the platform or the forwarding of the underlying facts to the public prosecutor’s office. If JOIN terminates the contractual relationship with a user due to reasonable suspicion of breach of contract or illegal activity, the user is neither entitled nor allowed to open a new user account in his or her or another name or to be allowed to use the account of another user to access the platform.
In the event of a culpable violation of the aforementioned obligations, the user is obliged to indemnify JOIN immediately upon first request from all resulting third-party claims.
The user hereby agrees that he or she shall only place data and content on the platform if he or she has the necessary permission to do so and to publish it. In cases where third-party rights are attached to data or content, the user confirms that he has lawfully acquired or licensed the necessary rights of use to post and publish such data and content.
When posting data or content, the user grants JOIN a free, transferrable, regionally and temporally unlimited right of use to fulfil JOIN’s contractual obligations towards the users or to fulfil JOIN’s legal obligations to the respective content, in particular
Whenever the user deletes the content posted or exercises his or her right to deletion in accordance with Art. 17 GDPR, the right of use granted to JOIN above with regard to the said content expires. However, JOIN remains entitled to store copies made for backup and/or verification purposes as well as anonymised personal data for research and development purposes, for the preparation of analyses and statistics and for the fulfilment of legal retention period obligations.
The user agreement for the platform commences with an agreement in accordance with Section 3 and is concluded for an indefinite period.
The user is entitled to terminate the user agreement at any time without giving notice by simply requesting to close the user account by sending JOIN an email to this effect to [email protected] from the email account registered to the user account. JOIN will then deactivate the user account and the career profile and irrevocably delete all data stored by the user on the platform and submitted applications from its own servers. This does not affect further processing based on statutory retention obligations.
JOIN shall be entitled to terminate the user agreement at any time in writing (email) with a notice period of two (2) weeks.
The right to terminate for good cause remains unaffected. A good cause that entitles JOIN to terminate is in particular if the user culpably violates the provisions of these GTC, in particular if he violates the provisions of Section 4 and Section 5, or otherwise behaves improperly or illegally in the contractual relationship.
Unless otherwise stated in these GTC, JOIN shall be liable within the framework of the use of the platform in accordance with the following provisions.
If the user suffers damage as a result of using the platform provided free of charge, JOIN shall only be liable if the damage occurred despite the contractual use, the user has not acted culpably and only in the case of intent (including fraudulent intent) and gross negligence on the part of JOIN.
The following provisions apply to the liability of paid content:
The user shall be solely liable for breaches of obligations by the user, in particular for violations of third-party trademarks, copyrights and naming rights. This does not apply if the user is not responsible for the breach of obligation. The user shall indemnify JOIN from all claims for payment by other users and third parties upon first request, which are asserted against JOIN due to a violation of rights or contract by a third-party user.
Data protection is top priority at JOIN, which is why JOIN has committed itself to the highest quality standards according to the principle of “privacy-by-design”. Details of the data processing carried out by JOIN can be found in the latest version of the Privacy Policy.
JOIN is responsible for data processing via the platform in accordance with Art. 4 No. 7 GDPR. If an application is transmitted to an employer via the platform, the latter is responsible under data protection law for the data processing that takes place after transmission. The data transmitted as part of the application, i.e. in particular cover letter, CV, additional information in the career profile and documents as well as contact details, are processed by the respective employer and can be stored locally there.
Swiss law applies exclusively.
The EU Commission has created an online platform for the settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online purchases. More information is available under the following link: http://ec.europa.eu/consumers/odr. JOIN is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.
There are no supplementary oral agreements to this contract. Any amendments or additions to these GTC and all declarations by the parties relating to membership must be made in writing (including email) to be deemed valid. This also applies to the amendment of the written form requirement.
If any provision of these GTC is or becomes partially or completely invalid, this shall not affect the validity of the remaining provisions of the GTC.
Contact
If you have any questions or problems, you can contact our team at [email protected].