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Terms of service

Current as of January 2018
The legally binding version is always the German version of this document.

1. Field of Application, Conclusion of Contract and Alterations

(1) The following Terms of Service shall apply to the services under the branding Prescreeen.io offered by Prescreen, among other things, via the website www.prescreen.io to company customers (hereinafter referred to as “Companies”) and Applicants.

(2) These terms of service shall apply on the part of Companies for so-called Recruiters, who are persons specifically authorised by a Company to open a company portal (hereinafter referred to as “Users”). A separate contract is to be concluded between the Company itself and Prescreen.

(3) Users shall confirm their awareness of these Terms of Service upon registration. Do not complete the registration process if you do not agree with these provisions and their validity for use of the services offered by Prescreen. Deviating or supplementary terms of service shall not become part of the contract without the express written consent of Prescreen.

(4) Prescreen may alter these Terms of Service at any time. Prescreen shall undertake such alterations as are necessary only under consideration of mutual interests, in particular to close existing omissions or remove later disruptions of the equivalence mandate. If a User does not object to the validity of the new Terms of Service within four (4) weeks of their receipt in text form, the altered Terms of Use shall be deemed accepted. Prescreen will explicitly notify Users of such changes, as well as of the deadline and their meaning. The validity of the Terms of Service in their previous form remains unaffected by the exercise of this right of objection.

2. Object

(1) Prescreen.io is to be used to support the Company in regard to the Company’s staff selection. The Company may receive and manage applications from candidates via Prescreen.io. The candidate may receive emails for this purpose from Prescreen.io as well as from Recruiters. Within a Prescreen.io portal, several staff members of a Company may collaborate in staff selection and exchange information with each other. The precise scope of the service capabilities of Prescreen.io shall be a result of the respective selected product or of a contractual agreement with Prescreen. There shall be certain limitations on the use of Prescreen.io (e.g. number of job advertisements processed via Prescreen.io). Details of this can be found in the product description at www.prescreen.io.

(2) Prescreen offers Users a platform to bring the Company together with Applicants and shall hereby provide only the technical capabilities that enable initial contact between the parties. Prescreen is not responsible for creating a contact between recruiters and applicants. Prescreen shall not involve itself in the contents of communications. Inasmuch as contracts are concluded via the Company’s Prescreen.io portal or Prescreen, Prescreen shall not become a contractual partner.

(3) Prescreen is not responsible for the content, data and/or information provided by Users or for the content on linked external websites. Prescreen does not, in particular, guarantee that this content is true, fulfils a certain purpose or may serve such a purpose.

3. Registration and Authorisation of Recruiters

(1) Information not shared by the Recruiter or which has not been automatically shared or cannot be shared shall not be shown to other Recruiters in the Company’s Prescreen.io portal. Conversations not begun, answered or shared in the Company’s Prescreen.io portal are not stored in the Company’s Prescreen.io portal for the administrator or all Recruiters, but merely shown in the (e-mail) mailboxes of the Recruiters taking part in the respective conversation.

(2) All information and content generated by a Recruiter in the Company’s Prescreen.io portal, even if not explicitly shared by the Recruiter, may be constantly seen, processed and shared with other current and future Recruiters of the Company in the Company’s Prescreen.io portal by the administrators of the Company’s Prescreen.io portal appointed by the Company. This applies, in particular, to all conversations shared in the Company’s Prescreen.io portal.

(3) If a Recruiter loses access to the Company’s Prescreen.io portal (e.g. at the instigation of the Company because the Recruiter is leaving the Company) or if the Recruiter ends its access itself, the information shared by the Recruiter with the other Recruiters shall remain visible in the Company’s Prescreen.io portal to current and future Recruiters for a period of three years unless otherwise agreed upon with the Company. During this period, the contents can still be viewed by administrators of a Prescreen.io portal (see Paragraph 2). If the Company or an administrator of the Company’s Prescreen.io account designates a replacement for a Recruiter, any content of the Recruiter whose access has been terminated will remain visible to that User.

4. Visibility and Storage of Content in the Prescreen.io Portal

(1) Information not shared by the Recruiter or which has not been automatically shared or cannot be shared shall not be shown to other Recruiters in the Company’s Prescreen.io portal. Conversations not begun, answered or shared in the Company’s Prescreen.io portal are not stored in the Company’s Prescreen.io portal for the administrator or all Recruiters, but merely shown in the (e-mail) mailboxes of the Recruiters taking part in the respective conversation.

(2) All information and content generated by a Recruiter in the Company’s Prescreen.io portal, even if not explicitly shared by the Recruiter, may be constantly seen, processed and shared with other current and future Recruiters of the Company in the Company’s Prescreen.io portal by the administrators of the Company’s Prescreen.io portal appointed by the Company. This applies, in particular, to all conversations shared in the Company’s Prescreen.io portal.

(3) If a Recruiter loses access to the Company’s Prescreen.io portal (e.g. at the instigation of the Company because the Recruiter is leaving the Company) or if the Recruiter ends its access itself, the information shared by the Recruiter with the other Recruiters shall remain visible in the Company’s Prescreen.io portal to current and future Recruiters for a period of three years unless otherwise agreed upon with the Company. During this period, the contents can still be viewed by administrators of a Prescreen.io portal (see Paragraph 2). If the Company or an administrator of the Company’s Prescreen.io account designates a replacement for a Recruiter, any content of the Recruiter whose access has been terminated will remain visible to that User.

5. Availability

(1) Users shall take note that 100% availability of the Prescreen.io portal is not technically feasible. Prescreen shall, however, endeavour to keep the Company’s Prescreen.io portal available as uninterruptedly as possible. In particular, maintenance, security or capacity concerns as well as incidents outside Prescreen’s sphere of control (such as disruptions of public communications networks, power cuts, etc.), may lead to short-term disruptions or to temporary suspension of the Company’s Prescreen.io portal. All claims against Prescreen attributable to interferences and/or interruptions, irrespective of the legal basis, are excluded insofar as legally permissible. Claims of Users who qualify as consumers under § 1 Para. 1 No. 2 of the German Consumer Protection Act remain in force in cases where Prescreen unlawfully causes damage maliciously or through gross negligence.

6. Use of the Prescreen.io Portal, Data Protection

(1) Users shall commit to observing all applicable laws and other statutory regulations when posting job advertisements and content on Prescreen.io. In particular, they may not post and/or disseminate data and content such as texts, images, graphics and links that infringe statutory regulations or violate extraneous intellectual property rights or copyrights or other rights of third parties. Users are responsible for the data and content made available by them. Prescreen does not check the contents for accuracy or legality, nor does Prescreen warrant a virus-free or virus-based processability check.

(2) No files with depictions of violence, pornographic, discriminatory, insulting, racist, libellous or otherwise unlawful content or depictions may be uploaded and/or made publicly available. It shall further be prohibited to upload image files depicting exclusively or partly extraneous company trademarks, brands or other references or other protected symbols. Exceptions are cases in which the Company or the User is entitled to do so – in other words, if they own the rights to the corresponding logos, publicity photographs and other content or if the owner of the rights has permitted the Company or User to use them.

(3) Images or photographs of persons (such as staff members) may be posted on the platform only if these persons have consented to the same.

(4) The Company and Prescreen may delete or replace posted logos, publicity photographs, images and files at any time if they violate any applicable laws or these Terms of Service, or if required by other statutory or contractual obligations.

(5) Prescreen may remove or temporarily block logos, images or files without notice if and insofar as concrete evidence emerges that publication as part of Prescreen.io access violates statutory regulations, morality and/or the rights of third parties.

(6) User content or external content posted by Users in the Prescreen.io portal may not violate current law, infringe on the rights of third parties, or in any way endanger the reputation of Prescreen.io or Prescreen.

(7) In particular, users shall commit to observing applicable data protection law, especially the General Data Protection Regulation.

(8) Users shall consider the rights of third parties above all in sharing content and information. For example, communication that is obviously private may not be shared with others without the consent of the sender.

(9) Recruiters shall also be prohibited from

a. Unreasonably disturbing Applicants,

b. Undertaking or promoting anti-competitive acts, including progressive canvassing (such as chain, snowball or pyramid systems) as well as

c. Carrying out, advertising or promoting multi-level marketing measures or multi-level network marketing measures, even if these acts should not specifically violate any laws.

(10) Should Users violate these Terms of Service, statutory regulations or the rights of third parties in the context of their activities in the Prescreen.io portal, Prescreen may impose the following sanctions: temporary or irrevocable deactivation of the User’s Prescreen.io access.

(11) Complaints from applicants may lead to the temporary deactivation of Prescreen.io access, as long as there are concrete indications that its use violates legal regulations, good morals and/or third-party rights.

(12) Prescreen collects and processes data while observing applicable data protection law, especially the General Data Protection Regulation. Further information can be found in the Data Privacy Statement at https://prescreen.io/de/policy/.

(13) Prescreen reminds Users that the appropriate technical and organizational measures are taken to ensure that the User’s personal data are processed in accordance with legal requirements. Expressly, however, it must be pointed out that complete data security for data transfers in public networks such as the Internet cannot be guaranteed according to the current state of the art. Prescreen further advises Users that certain Prescreen employees (such as IT Support personnel) may access the User’s stored data for system administration purposes.

(14) Prescreen may analyse users’ anonymised activity data in order to evaluate users’ behaviour when using the e-recruiting system “Prescreen”. The data are analysed and evaluated without reference to individuals or permitting a conclusion to be drawn concerning the customer or the company. Prescreen shall use the results of the evaluation only for Prescreen’s own purposes and to improve the services provided. In addition, Prescreen is granted no further rights of use of data and information.

7. Liability of Prescreen

(1) Prescreen is liable for damages caused by wilful or grossly negligent breaches of contract as well as for damages arising from slightly negligent breaches of fundamental contractual obligations. Fundamental contractual obligations are such obligations that the contract confers on the User according to the contract’s spirit and purpose, or the fulfilment of which makes the execution of the contract possible in the first place, and compliance with which the User may regularly rely.

(2) The liability of Prescreen is, as far as legally permissible, limited to damages that were typically foreseeable at the conclusion of the contract, or the contract value, if this is lower.

(3) As far as permitted by law, Prescreen is not liable for slightly negligent breach of minor contractual obligations.

(4) Prescreen’s liability for personal injury, as per the German Product Liability Act as well as any statutory guarantees, remains unaffected.

(5) The aforementioned limitations on liabilities also apply to breaches of duty by the legal representatives or agents of Prescreen.

8. Contract Term and Termination

(1) The contract for the use of Prescreen.io is concluded for the duration of the chosen or contractually agreed (i.e. specified in the offer or framework agreement) accounting period. The contract shall be extended on expiry of the accounting period by the same length of time using the prices in Prescreen’s price list that are valid at that time, if the contract is not terminated by one of the parties according to the following provisions:

a. The contract may be terminated by either party by declaration, observing the written form requirement and a notice period of three (3) months to the end of the contract period.

b. Insofar as this function is provided, the contract may also effectively be terminated via the User account or the service area of the website.

(2) If the customer, as a service recipient, is domiciled outside of Austria, the customer shall declare the customer’s VAT identification number before signing the contract. Through the reverse charge system, the customer is the debtor of the sales tax (reverse charge procedure) and shall settle the services, as determined by VAT, in the reverse charge procedure.

(3) Support services and other consultation services beyond the general scope of Prescreen.io are charged at an hourly rate of EUR 150.00 net.

(4) The right to extraordinary termination including termination without notice for good cause shall remain unaffected.

(5) Prescreen may terminate for good cause in particular if:

a. The use of the services by the User violates the law and/or the rights of third parties; or

b. A user violates other essential contractual provisions.

c. if impracticability of the contract arises.

(6) In the event of termination, Prescreen may suspend the Account and profile of the Company’s Users, as well as the Company’s Prescreen.io access, at the end of the billing period. In the event of termination for cause, Prescreen may immediately carry out such blocking actions.

(7) Any termination, except for termination via the user account or service area of the website (as far as this function is provided), must be in writing to be valid.

9. Final Provisions

(1) This agreement is governed by the laws of the Republic of Austria to the exclusion of the United Nations Convention on the International Sale of Goods. The place of jurisdiction is the locally and factually competent court at the registered offices of Prescreen International GmbH. Prescreen has the right to settle any disputes in the court that is competent for the registered offices of the customer.

(2) Should any provision of this agreement be or become invalid or unenforceable, the validity of its remaining provisions shall remain hereby unaffected. In place of the ineffective provision, the parties shall agree on a new, effective provision that comes closest to the meaning and purpose of the invalid provision. The same applies should any gaps become apparent in this agreement.