Terms of Use
Terms of Use and Data Privacy Notice for the job portal of Berlin Partner für Wirtschaft und Technologie GmbH – http://www.talent-berlin.de/jobs
This English translation is provided solely for informational purposes. The German Terms of Use and Data Privacy Notice are the legally valid versions.
Section 1 Validity of the Terms of Use
These Terms of Use apply to all services provided by Berlin Partner für Wirtschaft und Technologie GmbH (hereinafter referred to as “Berlin Partner” or “we”) in providing a web platform to recruiters or applicants (hereinafter “users”) in their use of the job portal http://www.talent-berlin.de/jobs (hereinafter referred to as “portal”) for the personnel recruiting and job application process.
We hereby object to the validity of any user Terms of Use or any Terms of Use deviating from or contrary to our own. Such Terms shall only be a component of this Agreement if we have agreed to their validity in writing.
Section 2 Publication of job advertisements / applications for job advertisements without registering for the portal
Companies recruiting employees can have us publish job advertisements for them on the portal without first registering for it. To do so, the recruiting company must send the job advertisement to us via e-mail (talent@berlin-partner.de). We will then publish the job advertisement on the portal.
Applicants can apply for a job advertisement published on the Portal without registering for the portal first. Applications will be sent directly to the recruiting company which has posted the job advertisement.
Section 3 Registering for the portal, setting up and administering applicant profiles and job advertisements
Any further use of the portal by applicants will require applicants to register for the portal first. Recruiting companies that want to publish job advertisements themselves on the portal must also register for the portal first.
They may register by creating a user account.
The user account may only be created by the applicant themselves. If the recruiter is a natural person, this individual may only create the user account themselves. If the recruiter is a legal person, the user account may only be created by a natural person to be appointed by the recruiter. In such cases, use of the portal is restricted only to internal company use.
The user must provide all data requested during registration, if such data is indicated as a mandatory field. Information in other data fields is provided on a voluntary basis, but is useful to help display the profile / job advertisement. All information must be provided truthfully and must be kept up to date. Berlin Partner accepts no responsibility or liability for the content, correctness, completeness, or up-to-date nature of data provided by the user.
For security reasons, the password may not be identical with the login name, and may be changed by the user later on as necessary. The password selected should not contain any series of sequential numbers (i.e. “2345678″) or letters (i.e. “ABCDEFG”), but should instead consist of a mix of numbers, capital and lower case letters, and possibly special characters. The user must keep their password secret, and must change it from time to time (at least every two months).
Applicants can edit or delete the information saved in their profiles. Applicants will be requested to confirm that they want to maintain their profiles at regular intervals. If they do not confirm that they want to do so, the profile will be deleted.
Recruiting companies can edit, approve, or delete their job advertisements. Once they select the “Publish” option, the job advertisement will appear on the website and will be publicly accessible to any website visitor. Job advertisements will be deleted after 30 days unless the recruiting company has extended the job advertisement publication.
Berlin Partner shall have access to all data in all applicant profiles, and to all job advertisements placed by recruiting companies.
Users are not allowed to transfer the login details provided to or selected by them to third parties. Users must keep these login details secret. If a third party obtains access to login details, or if there is suspicion that a third party has obtained such access, the user must inform Berlin Partner promptly regarding the presumed unauthorized access so that Berlin Partner can create a new user account.
Any user account provided by Berlin Partner to a specific user is not transferrable to third parties.
Berlin Partner only has a limited ability to review data saved by users during registration, since it is only possible to identify individuals online to a limited extent. Therefore, despite the two-step registration process, it is possible that incorrect contact data may be saved for a user account.
Section 4 Availability of the portal
Berlin Partner reserves the right to change, remove, or supplement the functions of the portal either in whole or in part, conditional upon any relevant contractual obligations.
Portal functions are provided to users conditional upon their technical availability of access over the internet. Berlin Partner shall attempt to provide the user access to the Portal without disruptions, interruptions, or lost data, and to inform users promptly regarding any interruptions or restrictions of function. Use of the portal may be restricted or temporarily interrupted due to required maintenance and repair work, further development, security and capacity requirements, and/or disruptions over which Berlin Partner has no control (i.e. disruptions in communication networks, power outages, etc.).
In general, planned maintenance work will be completed during low-usage times, and users will be informed in advance regarding the duration and extent of the maintenance using the e-mail they provided upon registration.
Disruptions may also cause the loss of data in the user’s user profile in some circumstances. Users are responsible for backing up their data. Users shall have no claims to damages due to lost data, beyond the restoration of lost data provided by users from their backup files.
Section 5 Obligations of the user
Users are responsible for the content of the data they save on the portal.
All users are obligated to treat e-mails or other data from other users as confidential, and to not make such data accessible to third parties without the approval of their owners.
Users are not permitted to create profiles for third parties.
Users are not allowed to use data from other users for the purpose of commercial advertisement.
Users may not knowingly use any mechanisms, software, or other scripts in conjunction with their use of the portal unless these have been provided to it by Berlin Partner.
Users shall indemnify Berlin Partner against all disadvantages suffered by Berlin Partner if claims are made against them by other users or third parties due to any infringement of rights, and against any claims based upon other legal violations by the user. This release shall also include any necessary legal costs. In addition, if any claims are made by other users or third parties, the user is obligated to promptly provide Berlin Partner with all information necessary to review the claims and any information necessary for its legal defence.
Sending contact notifications to users through accessing databases is not permitted if legally questionable content is sent, if it involves a violation of common decency, or if it would be unreasonable to expect Berlin Partner to tolerate the behaviour for some other reason.
Use of the portal for any other reason besides initiating a concrete employment relationship in relation to actually available open positions at the recruiting company, in particular for the purpose of recruiting applicants for others on a commission basis, is not permitted.
The user hereby ensures that it will adhere to all provisions of data privacy and the protection of personal rights.
Section 6 Violations of the Terms of Use
Berlin Partner is entitled to take action against a user if there are concrete reasons to believe that the user has violated these Terms of Use and/or applicable law in using the portal.
If Berlin Partner becomes aware of such reasons, i.e. through complaints by third parties or other users, Berlin Partner shall inform the user of such information. Berlin Partner may provide the user an appropriate grace period to submit their position in individual cases.
Actions Berlin Partner may take if the above paragraphs are fulfilled include:
- Submitting a written warning to the user with a request to cease the violation immediately,
- Blocking or terminating individual job advertisements, applications, or user profiles on the portal,
- Temporary blockage of the user’s account,
- Permanent blockage of the user’s account.
Users whose accounts have been permanently blocked are prohibited from opening another user account on the portal.
Further claims by Berlin Partner shall remain unaffected by the above regulations.
Section 7 Copyright
The user hereby grants Berlin Partner a simple right, unlimited in space and time, to the offers, texts, and images it has uploaded for the purpose of display on the job portal. Berlin Partner is entitled to edit texts or images for the purpose of adapting them to the job portal, even without consulting the user.
Berlin Partner shall retain fully copyright to the materials on the job portal.
The user hereby assures and declares that it holds the copyrights and rights of use to content uploaded to the job portal, and that use of such content shall not infringe upon any third party rights. The user shall obtain any necessary permissions. If there are any third party claims, the user hereby indemnifies the operator against such claims, and shall reimburse it for any damages suffered.
Section 8 Limitation of liability
Berlin Partner shall be liable for losses in respect of injury to life, limb or health which are based on an intentional or negligent breach of duty by Berlin Partner or by its legal representatives or vicarious agents. Berlin Partner shall only be liable for other damages resulting from an intentional or grossly negligent breach of duty by Berlin Partner or its legal representatives or vicarious agents. Any liability on the part of Berlin Partner for any other damages shall be excluded.
Berlin Partner shall not be liable for the legality, permissibility, correctness, completeness, or up-to-date nature of the information registered users upload to the portal. Such liability shall be the sole responsibility of the users.
Berlin Partner shall not be liable for the content of other websites linked to the operator. It shall have no ownership over such content, and shall accept no responsibility.
Section 9 Amendments to the Terms of Use
Berlin Partner is entitled to amend these Terms of Use at any time and without providing grounds for doing so. Berlin Partner shall inform users via e-mail of any amendments to the Terms of Use at least four weeks before they come into force.
If a user does not object to these amendments within four weeks, the amended Terms of Use shall be considered accepted by that user. Users shall be informed specifically of the importance of this four-week deadline by Berlin Partner in the e-mail containing the amended conditions.
If a user objects to the amended Terms of Use, their usage of the portal shall end when these Terms of Use come into force, without requiring any termination. If Berlin Partner is obligated to amend the Terms of Use due to any judgment, decision, or order, the user shall have no opportunity to object to such amendments.
Section 10 Severability clause
If a provision of these Terms of Use is or becomes invalid or unenforceable, this shall not affect the remaining provisions. The invalid or unenforceable provision shall be replaced by a provision coming as close as possible to the meaning and purpose of the invalid or unenforceable provision in a legally valid manner, taking the interests of both sides into account. The same applies to any contractual gaps.
Section 11 Applicable law / place of jurisdiction
The laws of the Federal Republic of Germany shall exclusively apply. If permissible, the parties shall agree upon Berlin as the place of jurisdiction.
Please submit any questions, suggestions, or complaints in writing to:
Berlin Partner für Wirtschaft und Technologie GmbH
Fasanenstr. 85
10623 Berlin
Tel.: +49 (30) 46302 500
Fax.: +49 (30) 46302 444
Email: talent@berlin-partner.de
Berlin, October 2017
Data Privacy Notice for the job portal of Berlin Partner für Wirtschaft und Technologie GmbH – www.talent-berlin.de/jobs
The website www.talent-berlin.de/jobs and the job portal provided there (hereinafter jointly referred to as the “portal” are operated by Berlin Partner für Wirtschaft und Technologie GmbH (hereinafter referred to as “Berlin Partner” or “we”).
We take the protection of your personal data very seriously, and we respect your privacy. The following data privacy notice applies to all users of the portal, including both applicants and recruiting companies.
Anonymized data collection
Only the data necessary to facilitate your use of the website is collected when you visit our portal. This includes, for instance, your IP address and browser information. This data is only processed and saved in an anonymized manner for the duration of your visit to the portal for statistical purposes.
Collection, processing and use of personal data and intended purpose
Berlin Partner only collects personal data if it is entered by the portal user. Personal data is information about personal or material circumstances of a specific or specifiable natural person, such as information like your name, address, telephone number, or e-mail address. Berlin Partner always uses personal data for a specific purpose, and in compliance with the relevant provisions of data privacy law.
We collect personal data when you register for the portal as an applicant or recruiting company. We need your name, e-mail address, and password to register.
As an applicant, after you have registered and logged in for the first time you can enter additional data to create your profile. If fields are marked as mandatory, you must enter the data requested. Information in other data fields is provided on a voluntary basis.
A recruiting company can provide contact data for its contact person in a job advertisement to be published on the portal. Personal data is also collected through the portal in this instance.
Applicants can edit or delete the data saved in their profiles.
Recruiting companies can edit, approve, or delete their job advertisements. Once they select the “Approve” option, the job advertisement will appear on the website and will be publicly accessible to any website visitor.
Berlin Partner has access to all data included in an applicant profile / job advertisement.
In addition, we collect personal data whenever you contact Berlin Partner with an inquiry, for instance by using the contact form.
We only collect, process, and use personal data on the portal for the following purposes, and in compliance with the relevant provisions of data privacy law.
- Publishing job advertisements,
- Passing on applicant profiles within the framework of Berlin Partner projects,
- Ensuring applicants can apply to job advertisements on the portal,
- Facilitating direct communication between applicants and recruiting companies.
Berlin Partner only uses personal data collected for other purposes besides those indicated above if it is legally entitled to do so, or if users have consented to such use in advance. Users can revoke any permissions they have granted, either temporarily or permanently, at any time by sending an e-mail to talent@berlin-partner.de
Job newsletter
If you have subscribed to our newsletter, you can revoke the consent you have provided to use your personal data at any time, with permanent effect. To do so, please contact it-talent@berlin-partner.de
Deletion of personal data
Applicants can delete their personal data through their profile access at any time. In addition, applicants are be requested to confirm that they want to maintain their profiles at regular intervals. If they do not confirm that they want to do so, the profile will be deleted. Job advertisements will be deleted after 30 days unless the recruiting company has extended the job advertisement publication.
Furthermore, personal data is routinely deleted after the expiration of the statutory retention periods, if we are legally obligated to retain such data for a specific period. If data is not subject to a retention period, we delete it once the purpose for which it was collected, processed, or used is complete.
Google Analytics
This portal uses Google Analytics, a web analysis service from Google Inc. (“Google”). Google Analytics uses what are known as “cookies”, text files which are stored on your computer and facilitate analysis of how you use the website. The portal uses IP anonymization, so your IP address will be abbreviated first within the member states of the European Union or in other countries that have signed the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and abbreviated there. On behalf of Berlin Partner, Google will use this information to evaluate your use of the portal, to collate reports on website activities and to provide Berlin Partner with further services related to website use and internet use. The IP address transmitted from your browser within the framework of Google Analytics will not be collated with other data from Google. You can prevent the storage of cookies by changing the settings in your browser software accordingly. We would, however, like to point out that this will mean you will not be able to use all the functions of the portal to their full extent. In addition, you can prevent Google from collecting the data on your use of the portal (including your IP address) generated by the cookie, and also prevent the processing of this data by Google by downloading and installing the browser plug-in available via the following link: tools.google.com/dlpage/gaoptout
To find out more on terms about the use and data protection go to: www.google.com/analytics/terms/de.html and www.google.com/intl/de/analytics/privacyoverview.html We would point out to you that Google Analytics has been expanded on this portal by the code "gat._anonymizeIp();" , in order to ensure anonymous collection of IP addresses (so-called IP masking).
Cookies
Cookies are small text files saved on your computer when you visit the portal. They are used to improve the functionality and operability of the portal. If you do not wish cookies to be saved on your computer, you can change your browser settings so that it does not accept cookies. If you do so, it is possible you may not be able to use all functions of the portal to their full extent. You can also delete cookies saved on your computer’s hard drive at any time.
Links
If the portal contains links to third party websites, this Data Privacy Notice does not apply to these third party websites. Berlin Partner accepts no liability for the content of third party websites, which Berlin Partner does not own.
Questions
If you have questions on data privacy and this website, please send an e-mail to talent@berlin-partner.de. Beriln Partner will answer your inquiry promptly.
Public procedure directory
The Federal Data Privacy Act (Bundesdatenschutzgesetz - BDSG) requires that the management of the responsible office must publicly provide the following information in a suitable manner in accordance with Sec. 4 e BDSG.
Name / company of the responsible office: Berlin Partner für Wirtschaft und Technologie GmbH
Responsible contact person: Burkhard Volbracht
Address of the responsible office:
Berlin Partner für Wirtschaft und Technologie GmbH
Fasanenstr. 85
10623 Berlin
Tel.: +49 (30) 46302 500
Fax.: +49 (30) 46302 444
E-mail: talent@berlin-partner.de
Berlin, October 2017