"Incognito Human Resources"
§ 1. DEFINITIONS
Regulations - these Regulations are binding for each User.
Platform - service available at the website. incognitoHR.com, run by the Administrator.
Administrator - Plus48 Sp. z o.o. with its seat in, Wrocław Poland ul. Wałbrzyska 1/4 , 52-314 Wrocław NIP: 897-17-66-772 entered in the Register of Entrepreneurs kept by the District Court in, Wrocław Fabryczna VI Commercial Division of the National Court Register under number 0000366620
User - any entity that will use the Platform as a Recruiter or Candidate.
Candidate - a User who is a natural person, having the status of a consumer or an entrepreneur, who will use the Platform only to establish contact with a Recruiter, which will result in the employment of the Candidate (regardless of the legal form of the target cooperation) by the Recruiter, or a third party for which the Recruiter acts.
Recruiter - a User, who is a natural person, a legal person or an organizational unit without legal personality, having the status of an entrepreneur, and who will act in person, or through his duly authorized representative, in order to bring about the employment of the Candidate (regardless of the legal form of the target cooperation) for the benefit of his enterprise, or a third party for which the Recruiter acts.
Agreement - an agreement for the provision of services, concluded electronically between the Administrator and a Recruiter, and the conclusion of which is a consequence of acceptance of the Regulations by the Recruiter.
§ 2. GENERAL TERMS AND CONDITIONS FOR USING THE PLATFORM
- The use of the Platform may only take place on the terms and within the scope indicated in the Rules.
- Use of the Platform means any action by the User which leads to him/her becoming familiar with the content of the Platform's website.
- The operation of the Platform may depend on the configuration of your browser options, which is your sole responsibility and risk.
- All rights to all or part of the Platform, all graphic elements, page layout and other elements are reserved. The Platform and all its elements are protected by law, in particular by the Act of 4 February 1994 on copyright and related rights.
- The User using the Platform is not entitled to any interference with the content, structure, form, graphics or mechanisms of the Platform.
- No part of the Platform may be copied, transmitted or in any other way used by the User for commercial purposes without the prior written consent of the Administrator.
- The User is obliged to immediately inform the Administrator of any irregularities found in the operation of the Platform.
- It is not permitted for the User to publish the content or perform any other activities that the User may do:
- would be contrary to any provision of the Regulations;
- would be incompatible with the purpose of the Platform;
- would be to promote any goods or services;
- would result in a violation of any provisions of common law;
- would result in damage to any entity;
- would result in the infringement of social and moral norms, which could even potentially lead to the infringement of the Administrator's personal rights, including loss of good name or image damage.
§ 3. CONDITIONS FOR THE USE OF THE PLATFORM BY THE CANDIDATE
- The use of the Platform by the Candidate consists in making the content of the Platform available to the Candidate in order to enable him/her to find attractive employment, regardless of the legal form of the target cooperation, established with the interested entity, which will take place through an anonymous application by the Candidate for offers published within the Platform.
- Only adults may use the Platform.
- Using the Platform by the Candidate requires the creation of an account. In order to create an account, the Candidate must have an active account on his/her Linkedin profile, Facebook and e-mail address.
- A candidate may have only one account within the Platform. It is not permitted to maintain a Candidate's account for a third party, or to use a third party account.
- By creating an account with the Platform, the Candidate should establish his/her Platform password. A Candidate should not not disclose his or her password to any third party and is solely responsible for any damage caused as a result of such disclosure, including damage to the Administrator, the Recruiter and damage to the Candidate himself or herself, which at the same time excludes any claims of the Candidate against the Administrator.
- When creating an account on the Platform, the Candidate should enter his or her personal details, which are indicated as "required fields" on the registration form.
- The Candidate's input of personal data not identified as 'required fields' in the registration form is voluntary, but it allows for better identification of the Candidate in order to adapt the content dedicated to him/her.
- The candidate is obliged to use only true and up-to-date personal data.
- The publication of personal data entered by the Candidate on the Platform takes place in two separate access options, i.e:
- restricted access option - covering only publication of data in the form of: age, gender and information about the Candidate's professional qualifications (excluding data of current employers), which remains available for review for each User;
- full access option - covering all personal data entered by the Candidate, which is made available remotely by the Candidate to a Recruiter indicated by him/her, for a period not longer than 72 hours, in order to finalize the recruitment process through the Platform, within a given offer placed by the Recruiter only for one recruitment process. The description of how to secure the information provided to the Recruiter is included in the Security Policy of the Incognito Human Resources Recruitment Platform.
- The Candidate has the right to revoke at any time the full access option previously provided to the Recruiter concerned.
- In communication with the Recruiter, it is forbidden to use vulgar words, to give out any content that is inconsistent with the facts, or to slander or insult any third party.
- As part of communication with the Recruiter, it is forbidden to make any arrangements or actions which, even potentially, could result in the employment of the Candidate without the participation of the Platform, which concerns, in particular, the finalisation of negotiations concerning the decision to employ the Candidate with the use of external means of communication, i.e. without the communicator functioning within the Platform.
- In the event that the Candidate violates the provisions referred to in point 12, the Platform reserves the right to claim compensation from the Candidate for the lost profits.
- The candidate should update the status of his or her account, by currently marking his or her profile as 'active for recruitment' or 'inactive', depending on his or her current employment needs.
- If the Candidate fails to fulfil the obligation referred to in point 14, the Administrator reserves the right to temporarily suspend some or all of the functionalities available to the Candidate within the Platform.
- After completing the recruitment process, understood as leading to the employment of the Candidate by or through a Recruiter, i.e. concluding a relevant contract, regardless of its legal form, the Candidate is obliged to notify the Administrator of this fact by deselecting the appropriate status of a given recruitment in the panel of their recruitment processes.
- It is the candidate's responsibility to provide the Administrator, at his or her request, with information on the results of the recruitment process, including an indication of the reasons why the process has not been finalised.
- The Candidate has the right to delete his/her account on the Platform, which will also result in the deletion of the data published by the Candidate
- The use of the Platform by a Recruiter consists in the provision of services to him/her by the Administrator:
- publication of advertisements prepared by the Recruiter.,
- making it possible to receive applications from Candidates;
- providing a platform for communication with the Candidates, in order to conduct recruitment processes - internal communicator.
- Acceptance of the Regulations by a Recruiter results in the conclusion of a legally effective agreement for the provision of services by the Administrator ("Agreement"), under the terms specified in the Regulations, which also confirms the existence of the declared automation of business processes in relations between the Administrator and the Recruiter.
- By accepting the Terms and Conditions, a Recruiter declares that both the conclusion of the Agreement and any legal or factual actions performed by him/her in connection with the use of the Platform are performed by him/her personally, or by representatives duly authorised to perform such actions, and any deviation in this respect is the sole risk of the Recruiter, excluding the Administrator's liability, who is not obliged to perform any verification in this respect. A representative who, in relations with the Platform, will act without or in excess of his or her proper authority, will be liable for any damage caused to the Platform in this respect.
- The use of the Platform by a Recruiter requires the creation of an account via Linkedin or Facebook and the entry of additional data, indicated in the registration form, including the company's NIP number. It is allowed to use the Platform by a Recruiter using dedicated accounts for several representatives of the Recruiter.
- The Recruiter is entitled to publish in the Platform advertisements concerning employment in an unlimited number.
- The Administrator reserves the right to remove an advertisement or temporarily suspend its publication if it is found that its content violates the provisions of the Regulations. The Recruiter in the content of the recruitment announcement, in interviews with the candidates using internal communicator or in any other way has no right to encourage the Candidate to apply in a way other than through the tools available on the Platform.
- The Recruiter's announcement, in addition to information concerning job description, form of employment and place of employment, must contain precise information about the amount of the proposed gross monthly salary, payable to the Candidate in case of his/her employment.
- A Recruiter's announcement will be published on the Platform for a period of 30 days, with the possibility of extending this period for a further 30 days.
- A Recruiter, obtaining from a Candidate a one-time access to the option of full access to his/her data, referred to in § 3 point 9(b), is entitled to use them only within the recruitment process concerning the offer for which the Candidate has applied.
- It is forbidden for the Recruiter to use the data referred to in point 9 for purposes other than the recruitment process, concerning the offer for which the Candidate has applied, including in particular copying this data and its permanent storage, as well as transferring it to third parties for purposes not related to the offer for which the Candidate has applied.
- As part of the communication with the Candidate, it is forbidden to make any arrangements or actions which, even potentially, could result in hiring the Candidate without the participation of the Platform, which concerns, in particular, the finalisation of talks concerning the decision to hire the Candidate using external means of communication, i.e. without the communicator functioning within the Platform.
- In the case of violation by a Recruiter of the provisions referred to in points 10-11, as well as in any other case, when the employment of a given Candidate was brought about in connection with the use of the Platform by the Recruiter, and which employment took place within 3 years from the contact between the Recruiter and the Candidate on the Platform and without notifying the Platform, the Recruiter will be obliged to pay to the Platform a contractual penalty of 50,000 PLN, payable on the basis of a debit note with a 7-day payment period. The Platform also reserves the right to claim compensation from a Recruiter for lost profits, if their amount exceeds the value of the contractual penalty.
- After completing the recruitment process, understood as leading to the employment of the Candidate by or through a Recruiter, i.e. concluding a relevant agreement, regardless of its legal form, the Candidate, in accordance with the provisions of § 3.16, will notify the Administrator of this fact. As a result of the above, the Administrator will be entitled to debit the Recruiter's account on the Platform with the amount corresponding to the Administrator's remuneration referred to in point 16.
- Money on the Recruiter's account will be accumulated as a result of being credited by the Recruiter on the basis of the amounts indicated on the pro forma invoice, generated by the Platform's system after the completion of a given recruitment process. The payment of funds by the Recruiter will constitute the basis for the issue of a VAT invoice by the Administrator, as a result of the crediting of this amount by the Platform for its remuneration.
- The Candidate's failure to comply with the information obligation referred to in point 13 does not affect the Administrator's right to demand payment of the remuneration referred to in point 16 if, despite the lack of information about the Candidate's employment, the Administrator will determine this circumstance based on information from other sources.
- For bringing the Candidate into employment by the Recruiter, or a third party for the benefit of which the Recruiter acts, the Admin is entitled to remuneration amounting to 100% of the value of the remuneration for one month of work, referred to in point 7, increased by the due VAT.
- Until a Recruiter settles the payment resulting from the pro forma invoice referred to in point 14, i.e. until the negative balance on the Recruiter's account, resulting from the charges made by the Administrator, those functionalities within the Recruiter's account on the Platform temporarily suspended, which enable him/her to contact the Candidates. The above does not affect the possibility of the Recruiter to publish new recruitment announcements.
- The Recruiter consents to the Administrator using pro forma invoices and VAT invoices in electronic form and receiving them via e-mail.
- During the execution of the Agreement, communication between the Administrator and the Recruiter may be carried out via an internal communicator or via e-mail.
- The Recruiter is entitled to terminate the Agreement at any time by making a relevant declaration via e-mail.
- The declaration referred to in point 20 shall not affect the obligation to pay the due remuneration to the Administrator.
§ 5. ADVERTISATIONS
- If the Recruiter finds out any irregularities in settlements with the Administrator, the Recruiter is entitled to lodge a complaint in this respect.
- The complaint may be submitted via an internal communicator or via e-mail, and the Administrator is obliged to consider such submitted complaint within 30 days.
§ 6. RESPONSIBILITY
- The administrator is liable only in the case of intentional damage and within the limits of the actual losses incurred.
- The Administrator is not responsible for the content made available by the User in connection with the use of the Platform, which violates the law or the rights of third parties.
- The Administrator is not obliged to verify the content of advertisements published by the Recruiters, and thus is not responsible for any consequences of the contact established between the Candidate and the Recruiter on their basis, including the type and content of the agreement concluded with the Recruiter, its duration and possible consequences of failure to comply with its provisions.
- The Administrator shall not be liable for technical problems or limitations, including the speed of data transfer, occurring in the computer equipment, IT system and telecommunications infrastructure of the Users.
- The Administrator reserves the right to suspend all or part of the functionality of the Platform for the duration of necessary repairs, updates and modifications.
§ 7. PERSONAL DATA PROTECTION
- Acceptance of the Regulations means that the User agrees to the processing of his/her personal data in order to enable his/her use of the Platform, including the use of services provided by the Administrator.
§ 8. FINAL PROVISIONS
- Any possible invalidity of individual provisions of the Regulations shall not render the entire provisions invalid. Invalid provisions shall be replaced by the relevant provisions of law.
- The Administrator reserves the right to unilaterally make changes and modifications to the Regulations. The use of the Platform by the User after the introduction of these changes is tantamount to consent to the content of the Rules as amended.
- The Administrator will inform the User about any changes and modifications to the Regulations via e-mail.
- In case of any disputes, their parties will try to resolve them by means of direct negotiations, and if no agreement can be reached, they will submit them to the common court having jurisdiction over the Administrator's registered office.
- Any inquiries regarding the use of the Platform can be submitted to the Administrator's e-mail address: [email protected]
- In matters not regulated by the Regulations, the relevant provisions of the Civil Code shall apply.