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General Terms and Conditions (GTC)

Status: 5.12.2016

Freshjobs is a Swiss internet platform for job listings aimed at web professionals (hereinafter the “platform”). The operator of the platform is the required GmbH with registered office in Lucerne (hereinafter the “provider”). These General Terms and Conditions (GTC) govern the rights and obligations of both the provider and the users of the platform (hereinafter uniformly referred to as the “users”) and provide information on data protection. The provider provides all services in connection with the platform exclusively on the basis of these GTC, unless deviations from these GTC have been confirmed in writing by the provider.

1. Services

  1. The platform is aimed exclusively at users who wish to enter and publish job listings directed at job-seeking web professionals (hereinafter referred to as the “advertiser”) and users who are looking for jobs as web professionals (hereinafter referred to as the “job seekers”). Web Professionals are in particular designers, front-enders and project managers in the web industry. Job seekers can only retrieve job listings and not enter them.
  2. Advertisers can enter job listings on the platform for a fee. Advertisements are published on the platform website and via any other communication channels of the provider, such as RSS feeds and social media platforms, after payment by the respective advertiser and successful verification by the provider. Job seekers and all other users of the platform can access the job listings free of charge.
  3. Jobseekers contact advertisers directly and not after discussions or other contacts with the provider. In order to be contacted directly by job seekers, advertisers must provide a valid e-mail address or Internet address (URL, Uniform Resource Locator) when entering job listings. The respective e-mail address or Internet address for establishing contact is contained in each job advertisement and can be accessed by job seekers and all other users directly and free of charge on the platform website.
  4. The provider publishes the current scope of its services on the platform, stating the corresponding costs or prices. The provider is entitled to make adjustments to its services and any costs or prices for its services at any time.
  5. Users may only access the platform for their own, including commercial, use. Users are not entitled to make their access to the platform available to third parties, either directly or indirectly, whether for payment or free of charge.

2. Registration

  1. Advertisers must register to use the platform. Registration in whole or in part with false or fictitious information is prohibited.
  2. The provider is entitled to check the details of registered users personally or have them checked by third parties and is also entitled to delete registered users with presumably false or fictitious details. The provider is entitled to refuse the registration of users at any time and also subsequently without giving reasons.
  3. Registered users undertake to treat their access data to the platform confidentially and to use them exclusively themselves.

3. Job Listings

  1. By entering job listings, advertisers give their consent to publication on the platform and via any other communication channels of the provider. Advertisers grant the provider a non-exclusive right of use, unlimited in terms of time and place, for the recorded content, including brand and copyright protected content. The provider may enrich job listings with metadata.
  2. The provider is not liable for job listings that are not published or are published incorrectly. Advertisers are obliged to inform the provider of job listings that have not been published or have been published incorrectly so that the provider can take appropriate measures.
  3. The provider may refuse to publish job listings at any time without giving reasons. In the event of such a refusal, a refund will be made to the respective advertiser, less any payment costs incurred by the provider.
  4. Advertisers undertake to ensure that job listings are up-to-date and correct. In particular, job listings may only refer to positions that are actually vacant. Advertisers shall bear sole responsibility for all content of their job listings. Advertisements that are no longer current must be deleted immediately by advertisers. No refunds will be made in the event of premature deletion of job listings.
  5. Advertisers undertake to only place job listings on the platform that are in conformity with the law. In particular, advertisers undertake not to publish any offensive, discriminatory, personality-harming, pornographic, racist, immoral and/or advertising content. Advertisers further undertake not to include content that contains false, misleading or deficient information. The collection of content via or in connection with erotic services, homework, network marketing, pyramid schemes, gift giving or sexual services is prohibited. Furthermore, the collection of content that violates intellectual property rights, personal rights or other rights of third parties is prohibited. The provider may adapt job listings at its own discretion, in particular to improve appearance, formatting and/or readability.
  6. Advertisers who engage in staff recruitment and/or job placement requiring authorisation shall only use the platform for corresponding activities if they have the appropriate authorisation. Advertisers are obliged to provide the provider with a copy of the relevant authorisation immediately on request at any time.
  7. The provider may delete job listings which are suspected of violating these GTC at any time. In the event of such deletion, no refund will be made.

4. Data Protection

  1. The provider and the platform are subject in particular to Swiss data protection law.
  2. The provider processes personal data which is necessary to operate the platform, to provide its services and to fulfil contractual and other legal obligations. In this context, the provider is expressly entitled to commission third parties and to have personal data processed by third parties, for example for e-mail or for payment transactions. Personal data is processed in particular for the registration of advertisers.
  3. When accessing the platform, data such as, in particular, date and time stamps, details of the Internet Protocol (IP) addresses used for Internet access, details of the operating systems and browsers used and any location data that may have been released are accumulated, as is generally the case with all websites. These data are stored in log files and are not personal.
  4. The provider is entitled to inform registered users by e-mail and other contact addresses about news in connection with the platform. Registered users may – subject to the reservation of e-mails with mandatory content for the use of the platform – unsubscribe from such e-mails at any time (“opt-out”). All users can subscribe to any e-mail newsletters of the provider and must expressly confirm the e-mail address used (“double opt-in”). It is possible to unsubscribe from such e-mails at any time.
  5. The platform uses cookies, i.e. in particular small text files which are permanently or temporarily stored on the user’s computer when the platform is accessed. The purpose of the cookies is to analyse the use of the platform for statistical evaluation and for continuous improvement and to recognise registered users. Persons accessing the platform can partially or completely deactivate cookies in their browsers in the settings at any time. If cookies are deactivated, all functions of the platform may no longer be available.
  6. For the non-personal analysis of the use of the platform for statistical evaluation and for continuous improvements, the provider reserves the right to use the Google Analytics service of the American Google Inc. (hereinafter “Google”). Cookies, IP addresses and other user data may be transferred to Google and processed by Google. Google undertakes, among other things through the “Privacy Shield Framework” of the EU and the USA, to ensure an appropriate level of data protection for the transmission of personal data comparable to that in the EU or Switzerland. Further information in this context can be found in Google’s privacy policy and in the Google Analytics Terms and Conditions. Google also provides a free browser extension to deactivate Google Analytics. Irrespective of this, users can set a cookie to deactivate Google Analytics (“opt-out cookie”).
  7. For non-personal analysis of the use of the platform for statistical evaluation and for continuous improvements, the provider reserves the right to use the Hotjar service of the Maltese Hotjar Ltd. (hereinafter “Hotjar”). Cookies, IP addresses and other data from users may be transmitted to Hotjar. Hotjar is subject to EU European data protection law, which guarantees adequate data protection comparable to that in Switzerland. Further information in this context can be found in Hotjar’s privacy policy. Irrespective of this, female users have the possibility of “opting out” by means of “Do Not Track”.
  8. The provider provides information in connection with data protection by e-mail at team@freshjobs.ch and at other contact addresses. Persons whose data are processed by the provider have the right to information in particular in accordance with Swiss data protection law.

5. Warranty and liability

  1. The provider provides its services professionally and carefully. However, the provider cannot guarantee that the platform will be available permanently, at all times and completely. The platform may temporarily be partially or completely unavailable, in particular for technical reasons. The provider does not guarantee the topicality, success, correctness and completeness of job listings. Any liability of the provider is limited to gross negligence or intent. Any liability of the provider for consequential and/or indirect damages is excluded.
  2. Users and in particular advertisers are fully liable to the provider and any third parties, irrespective of fault, for direct and indirect costs and damages resulting from violations of these GTC and in connection with the job listings entered and the other use of the platform. Any compensation for damages also includes the legal fees and other legal costs of the provider.

6. Final terms

  1. Automated access to the platform, for example with bots, scripts or comparable means, is prohibited. Persons who are directly or indirectly responsible for such access to the platform are fully liable to the provider for all direct or indirect damages in this context.
  2. The provider is entitled to change these terms and conditions at any time without giving reasons. Users will be informed of any changes to these GTC in a suitable manner.
  3. The provider is entitled to discontinue the platform permanently or temporarily, in whole or in part, without notice and without giving reasons.
  4. Forms of transmission that enable proof to be provided in the form of text shall be deemed equivalent to the written form.
  5. These GTC are subject to Swiss law with place of jurisdiction in Zurich as well as at the domicile of users, unless another applicable law and/or another place of jurisdiction results from mandatory legal provisions.