These Terms and conditions are effective on March 8, 2017
- For the purposes of these Terms and conditions, the term, “Website” means the website that can be accessed on the link https://expact.xyz. The terms “We” or “Our” refer to the owner of the website – Expact OÜ, the company with registry code 14172354, which is located at the address Veerenni 24, Tallinn 10135 Republic of Estonia, VAT number EE101945488, with electronic-mail address email@example.com. The terms “You”, “Your” mean any natural person using the website for any reason. The term “Content” comprises all types of data presented on the website.
- Expact is an Estonian online service which provides a marketplace, that connects job seekers to potential employers in the ICT sector.
- We enable job seekers to send us their profiles and resumes, assess their suitability, interviewing them and connect them with the potential employers.
- As a job seeker interested in our services we will request you to accept and follow these Terms and conditions during subscribing.
- If you are interested in our services as a potential employer for job seeker(s), You would be requested to sign a contract in order to access our services.
Signing up with Expact
- By signing up you affirm that you are a natural person either more than 18 years old or an emancipated minor (obtain extended restricted active legal capacity) and able to comply with this Terms and conditions.
- You are required to provide your own real name and surname, as we do not accept representation of job seekers via power of attorney or other means.
- When signing up we allow you to send us your registration form and resume, create an individual profile and make this profile available for employers.
- A job seeker’s profile allows interested employers to access relevant information about employers and open vacancies, get notifications if we will find them suitable for the position.
- You will not get access to the profiles of other job seekers. Likewise, they will not get access to yours.
- An employer’s profile, in turn, allows recruitment activities for the purposes of hiring. The potential employer will get an access only to ten best candidates’ profiles for the open position but will get more if it will not satisfy him.
- You are kindly requested not to include in your resumes or profiles such sensitive data as your racial origin, ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data, data concerning health, data concerning sex life or sexual orientation, which are special categories of personal data according to the article 9 of the General Data Protection Regulation. We retain the right to delete such type of information without notification.
- You guarantee that information presented to us is true and accurate to the best of your knowledge and belief and that you haven’t omitted any relevant information. The abovementioned is particularly the case for your level of education and work experience.
- We reserve the right to refuse to recommend your candidacy if we find out that information contained within your profile or resume is misleading, incomplete, inappropriate, unsuitable or if your candidacy fails to meet requirements of the employer.
- You will have to give a separate consent to our processing for the recruitment purposes of your personal data (presented in the form, resume, profile) during submission of the signing form, filling of your profile and before granting an access to it to your potential employer.
- We assure that if we use Applicant Tracking System (ATS) provider or platform for conducting interviews, they will be also GDPR compliant.
Intellectual property rights
- You acknowledge that all content of the website ( including software and computer code) software used to provide Expact is an original creation protected by intellectual property rights and unfair competition law under EU and Estonian legislation and agree to respect that.
- You may use the service only for your private purposes.
- By use of our services in any manner, you do not acquire any intellectual property rights and agree to transfer (or grant a license where applicable law does not permit a transfer) us from the moment of creation any object of intellectual property rights created with the use of our services.
- For the avoidance of doubt, we remain the sole owner of the Expact database, and by using our services, you are not becoming a joint owner of the rights. You are not allowed: 1) to copy it; 2) to make extracts from it; 3) to use it for any commercial purposes.
- A job seeker may use information from Expact to contact potential employers in good faith to apply for a job vacancy. You are not allowed to communicate with employers with other intentions than actual interest in job vacancy.
- If you wish to terminate the relationship with Expact, you may do so by notifying us by sending an e-mail with the topic “Delete my profile” at any time. Upon doing so our legal relationship is deemed terminated. All provisions of these Terms and conditions which by their nature should survive termination shall be applicable, including, without limitation, Warranty disclaimer, Limitation of liability
- We will immediately terminate our legal relationship and delete your profile if we, upon our reasonable opinion (based on including but not limited to reports from employers), find that you have: 1) provided us with information that is morally inappropriate, fraudulent, inaccurate, offensive, unlawful or technically harmful; 2) contacted any employer for a purpose not related to the employment; 3) are not eligible to use our service; 4) violated any other of these Terms and conditions and have not remedied such violation (provided a remedy is possible and reasonable according to our opinion) within the term given by us.
- In the case referred to in paragraphs 7.1. your personal data will be deleted without undue delay and at the latest within one month.
- In the case referred in paragraph 7.2. your information will be stored in our database no longer than for one month before we will delete it permanently.
- In addition to above, we also reserve the right to stop providing the service on our own discretion (without existence of circumstances attributable to you). In that case, we will also store your data in our database for one month before we delete it permanently.
- You have the right to receive the personal data concerning you, which you have provided to us, and that we keep in our database, including but not limited in cases 7.3., 7.4., 7.5, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller, where technically feasible, without hindrance.
The relationship between job seekers, Expact and prospective employers
- Expact is an online service that just connects job seekers with prospective employers that do not provide any labor hiring service. Therefore we do not sign or mediate any employment contract nor bear liability for legal relations created by our customers (job seekers and employers) as a result of using our services. Complying with applicable labor law and other legislation is a responsibility of our customers, mainly the employers.
Limitation of liability
- To the full extent permissible by law, you assume full responsibility for any loss that results from your use of our service. We are not liable for: 1) loss of business of yours, loss of profit or opportunity and any other indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on our negligence; 2) actions of third parties (other visitors, advertisers, other websites linked on the website).
- We are not obliged to monitor the information which is transmitted or stored on the website and do not actively seek facts or circumstances indicating illegal activity.
- To the full extent permissible by law we provide the service and material on our website “as is”. We do not provide warranties of any kind, either express or implied, including but not limited to, warranties of merchant ability, fitness for a particular purpose or non-infringement of intellectual property rights. We do not warrant that work of the service will be uninterrupted or that defects will be corrected, that the information made available to you through our service or electronic communication sent from us is complete, free of omission, errors, viruses or other harmful components.
Applicable law and settlement of disputes
- Any legal relationship between us, including but not limited to these Terms and conditions, shall be governed and interpreted in accordance with the laws of the Republic of Estonia.
- We encourage you to resort to online dispute resolution in case you have any complaints. You can send us your complaints via firstname.lastname@example.org and we will reply within 15 (fifteen days) in the same format.
- We each agree that any dispute resolution proceedings (court or an out-of-court settlement) will be conducted only on as an individual action. Any court proceedings are subject to Harju county court, Tallinn, Republic of Estonia.
Changes to Terms and Website
- If any part or provision of these General Terms is found to be unlawful or invalid, this shall not affect the validity of any other its part or provision.
- We may change (add, delete, modify) any of these Terms and conditions in our sole discretion by posting their revised version on our website. If we make significant changes to them, we may also notify you by sending an e-mail provided by you to us most recently. Any modifications will be effective immediately upon posting on the website. Unless you delete your account within 14 (fourteen) days, your usage of the website shall constitute your acceptance of such changes.
- We may also change any feature of the website at any time in our sole discretion without notifications.