Terms of Service Talent’em
Effective date: 01/01/2025
1. Definitions
1.1
For the purposes of these Terms of Service, the terms listed below have the following meanings:
a) Operator is Nafisipado s.r.o., ID No.: 17222788, with its registered office at Na záhonech 809, Michle, 141 00 Prague 4, a company maintained by the Municipal Court in Prague under file no. C 368459.
b) Service is the set of activities and functionalities provided by the Operator via the Platform, consisting in particular of job search for a natural person seeking employment, employee search for Employers seeking new workforce, and consulting and information activities in the field of job opportunities.
c) Applicant is a natural person who uses the Operator's Service via the Platform for the purpose of searching for job opportunities and presenting themselves to Employers.
d) Employer is a legal entity or natural person who is a client of the Operator and for whom the Operator searches for, mediates, and assesses Applicants to fill a specific job position.
e) Platform is an online interface operated by Meta Platforms, Inc. that is used to provide Services under these Terms of Service.
f) Terms of Service are these general Terms of Service regarding the provision of Services by the Operator to Applicants, which govern the relationship between the Operator and the Applicant when using the Service.
g) Information about the Applicant is all personal data and information that the Applicant provides to the Operator via the Platform or when using the Service, in particular, but not exclusively: contact details (name, email, phone number), information about professional qualifications, education, work experience, availability, and preferences, and information that the Applicant provides for the purpose of assessing their suitability for a specific job position.
1.4
The Controller can be contacted as follows:
2. Introductory provisions
2.1
The primary purpose of processing your personal data is the intermediation of employment in the form of finding employees These Terms of Service govern the mutual rights and obligations between the Operator and the Applicant when using the Service.
2.2
By accessing the Platform and using the Services, the Applicant confirms that they have read these Terms of Service and agree to them in full.
2.3
These Terms of Service govern exclusively the legal relationship between the Operator and the Applicant in connection with the use of the Services and the Platform. The relationships between the Operator and Employers who act as clients of the Operator are governed by separate contractual agreements and are not affected by these Terms of Service.
Service Provided
3.1
The Operator's Service serves to mediate contact between the Applicant and Employers or their representatives.
3.2
The Operator allows Employers, as its clients, access to selected information about the Applicant and their professional profile for the purpose of assessing their suitability for a specific job position and possibly contacting them with a job offer. The Service facilitates the Applicant's search for job opportunities and their presentation to potential employers.
3.3
Applicants provide initial information via the Platform.
3.4
After providing initial information, the Operator may contact the Applicant via a virtual voice assistant (voicebot) in order to obtain additional work-related information. Information about the Applicant is used to support the process of identifying job opportunities that best match the Applicant's profile. The voicebot is not used to evaluate or assess the suitability of the Applicant; the decision to make a job offer remains solely within the competence of the Employer.
3.5
All data obtained about the Applicant, including Information about the Applicant, is stored securely and used solely for the purpose of finding and mediating suitable job opportunities.
3.6
Information about the Applicant provided to Employers for specific advertised job positions is not shared with other Employers, unless otherwise agreed upon in an individual agreement between the Operator and the Employer.
3.7
The Operator may recommend the Applicant for specific job offers if their profile matches the Employer's requirements.
3.8
The Service is provided to Applicants free of charge.
4. Termination of the Service
4.1
The Operator is entitled to suspend, restrict, or terminate the provision of Services to the Applicant at any time, at its own discretion, even without prior notice and without giving a reason.
4.2
In particular, the Operator is entitled to terminate the provision of the Service if:
a) the Applicant violates these Terms of Service or applicable laws,
b) the Applicant provides false, incomplete, or misleading information on the Platform or while using the Service,
c) the Applicant uses the Platform or the Service for purposes other than providing contact for the purpose of finding a job,
d) the Applicant's actions jeopardize or are likely to jeopardize the security, availability of the Platform or reputation of the Services, or harm the rights of the Operator or third parties.
4.3
The Applicant is entitled to terminate the use of the Service at any time by simply discontinuing its use. At the same time, the Applicant is entitled to request the Operator to no longer present or offer their profile, including Information about the Applicant, to Employers for consideration.
4.4
Termination of the provision of the Service for any reason does not entitle the Applicant to any compensation for damages or other performance on the part of the Operator.
5. Rights and obligations of the Applicant
5.1
The Applicant undertakes, within the scope of the Service provided, to:
a) Provide only relevant and accurate Information about the Applicant.
b) Share content that is lawful, appropriate, and respects the rights of third parties.
c) Respect the prohibition on the use of automated tools to obtain information that is not expressly permitted.
d) Use the Platform and Services only for purposes related to personal job search and in accordance with these Terms of Service.
e) Provide information about the Applicant and, where applicable, represent third parties only with their express consent.
f) Communicate through the Platform and Services with relevant and targeted information that supports the purpose of the Service.
6. Rights and obligations of the Applicant
6.1
The Operator undertakes, within the scope of the Services provided, to:
a) Provide the Services professionally, reliably, and in accordance with these Terms of Service and applicable law.
b) Process the Information about the Applicant in accordance with the purpose of the Service, i.e., for the purpose of providing contact and identifying suitable job opportunities.
c) Ensure the technical and organizational integrity of the Services.
d) Offer Applicants to Employers for consideration for specific job positions based on the Information about the Applicant and relevant criteria.
e) Maintain the confidentiality of Information about the Applicant and use this information only for the purposes of the Service.
f) Not to provide Information about the Applicant to third parties outside the scope of the Service and without the express consent of the Applicant, except in cases arising from legal regulations.
g) Provide the Applicant with access to information about their data and respect their legitimate requests to terminate the use of the Services or restrict the sharing of their profile with Employers.
h) Inform the Applicant of any changes to the Terms of Service.
Intellectual Property
7.1
The Platform through which the initial contact between the Applicant and the Operator takes place is operated by Meta Platforms, Inc. All content on this Platform, including software, databases, design, technology, and other elements, is protected by intellectual property rights and is the property of Meta Platforms, Inc. or its licensed partners.
7.2
The Applicant acknowledges that access to and use of the Platform is governed by the terms and conditions of Meta Platforms, Inc. The Operator is not responsible for the content, functionality, or availability of the Platform, nor for any changes in its operation or terms and conditions.
7.3
The Operator is the sole owner of all content that it has created or uses in connection with the provision of the Service, in particular software tools, algorithms, databases, methodologies, trademarks, texts, graphic elements, technical solutions, and know-how, all of which are excluded from the Platform.
7.4
The Applicant may use the content made available on the Platform or Services solely for the purpose of using the Service. Any copying, reproduction, distribution, public presentation, modification, creation of derivative works, or commercial use is expressly prohibited without the written consent of the Operator.
8. Liability
8.1
The Operator shall not be liable for:
a) Finding employment for the Applicant, providing a job offer, or the Employer's decision whether to accept or reject the Applicant.
b) Any indirect, incidental, or consequential damages, loss of opportunity, lost profits, or other economic or personal losses arising in connection with the use of the Service.
c) Interruption of the Platform's operation or restriction or interruption of the provision of Services, errors, technical problems, or outages of the Platform or the Services provided.
9. Personal data protection
9.1
All personal data of the Applicant is processed in accordance with the Operator's Privacy Policy, which is available on the Operator's website: www.talentem.com/privacy_policy .
10. Governing law and jurisdiction
10.1
These Terms of Service are governed by the laws of the Czech Republic. Any disputes arising from these Terms of Service or in connection with the use of the Services shall be resolved exclusively by the courts of the Czech Republic.
11. Changes to the Terms
11.1
The Operator hereby reserves the right to update these Terms of Service at any time. Changes to these Terms of Service will be published in a visible manner on the Operator's website. The Applicant agrees to the updated version of the Terms and Conditions by its continued use of the Operator's Service after the publication of changes to the Terms of Service.
12. Contact
12.1
Any questions regarding these Terms of Service or the Service can be sent to the following e-mail address: info@talentem.com .
13. Severability
13.1
If any provision of the Terms proves to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.