providing services electronically via www.talentplace.pl

General provisions

This document regulates the terms and conditions of use of the https://talentplace.pl website by Candidates and the rights and obligations of the Service Provider and Candidates related to the provision of electronic services. Each Candidate, upon Registration, is obliged to familiarize himself with the content of the Regulations and may undertake further actions after agreeing to and accepting all their provisions. With regard to services provided electronically, this document is the regulations referred to in Art. 8 of the Law of July 18, 2002. On the provision of services by electronic means (hereinafter: “UŚUDE”)

The performance of paid Services available permanently or periodically on the Site shall be performed in accordance with the provisions of these Regulations.

Terms used in the Regulations have the following meanings:

Administrator, Service Provider or Everuptive – means the company Everuptive Spółka z ograniczoną odpowiedzialnością with its registered seat in Kraków, at Grzegórzecka 8/5 Street, 31-530 Kraków, entered in the register of entrepreneurs of the National Court Register kept by the District Court for Kraków – Śródmieście in Kraków, XI Economic Department of the National Court Register under KRS number: 0000398401, NIP: 6762449233, REGON: 122419948, initial capital: PLN 8,300, tel. [536 195 427], e-mail: kontakt@talentplace.pl. The addresses and telephone number provided in this definition are also the contact information for the Service Provider;

Application – the totality of data and information submitted by a Candidate to the Service Provider in connection with the posting of an Advertisement on the Site, including but not limited to: Resume, cover letter and personal data of the Candidate;

Candidate – means an individual using the Site to use the Services and make contact with a potential employer

Account (Candidate’s Account) – means an individual, electronic account within the Site, assigned to a specific Candidate after registration for the use of the Services within the Site; an Account may be used to apply for a specific Advertisement;

Lecturer – an individual who speaks the same foreign language as the Candidate, who conducts an introductory interview with the Candidate in a foreign language to verify the Candidate’s knowledge of the declared foreign language;

Employer – a non-consumer entity for which the Service Provider provides Services

Announcement – a recruitment announcement for a specific job position, posted on the Website or indicated by a Recruiter or Project Manager

Regulations – means this document governing the terms and conditions of use of the Website

Registration – means a one-time action, consisting of the creation of an Account on the Site by the Candidate;

Recruiter – means an individual acting for and on behalf of the Service Provider who recruits Candidates for a given job position for the Employer;

Project Manager – means an individual acting for and on behalf of the Service Provider , who, after receiving the Candidate’s data from the Recruiter or through the Service, contacts the Candidates to conduct an initial 30-minute verification interview with them as to the submitted Application, their skills, experience according to the submitted documents and the availability of work for the Employer, and recommends the Candidate to the Employer in connection with the Advertisement;

Service – Internet service available at https://talentplace.pl/

Content – means any kind of personal data, text data, graphic data, audio files (e.g. recordings), audio-visual files (e.g. video clips, films, multimedia objects, Video Courses), non-copyrighted information; any additional attachments, files or materials attached to the Content are an integral part of the Content;

Service – means the services provided by Everuptive through the Service both free of charge and for a fee.

Requirements technical i Registration

In order to become a Candidate and use the functionalities of the Service, it is necessary: (i) computer; (ii) any web browser; (iii) Internet access. The cost of Internet access shall be borne by the Candidate, including when using the Internet via cell phone. Candidates using the Services via cell phone should familiarize themselves with the transfer (Internet connection) rates used by telecommunications operators.

The use of the Site is possible provided that the ICT system used by the Candidate meets the following minimum technical requirements: Internet Explorer version 7.0 or later with ActiveX, JavaScript and Cookies enabled;

or Mozilla Firefox version 3.0 or later with Java applets, JavaScript and Cookies enabled, minimum screen resolution of 1024 x 768 pixels.

The Service Provider uses cookies for the sole purpose of collecting information related to the Candidate’s use of the Site, in particular:

• maintain the Candidate’s session (after logging in to the Service), thanks to which the Candidate does not have to re-enter the password on each sub-page of the Service;
• Customization of the Service to meet the needs of Candidates;
• and the creation of viewing statistics for the subpages of the Website.

For detailed information on the use of cookies, please refer to the Privacy Policy.

Use of the Website, with the exception of viewing the Content and advertisements placed therein, is possible after registration. The Registration and Account activation procedure follows the procedure described in the Service.

In order to create an Account on the Website and use the Services, the Candidate must be at least 18 years old or have the consent of a parent or legal guardian and have the capacity to enter into an effective Agreement.

In order to make a correct Registration, it is necessary for the Candidate to act by completing and accepting the registration form made available on one of the pages of the Website, after completing its relevant sections. Once the registration form is properly completed, an Account is created on the Website. The Candidate then receives an email from Everuptive with a link to complete the Registration process. Correctly clicking on the link automatically confirms your Registration and logs you into the Website, which completes the Registration process.

During the Registration procedure, the Candidate is required to provide truthful data. The candidate is responsible for providing data that is not true. If it is determined that the data provided by the Candidate is not true, the Service Provider has the right to block the Account and de-register it from the Service, of which the Candidate will be informed by the Administrator via email. The Candidate is not allowed to share his Account with third parties or use other Candidate Accounts. The service provider shall not be liable for damages resulting from the provision of incorrect data. The data provided by the Candidate should be truthful throughout the use of the Service. The candidate may modify his/her data on the Service at any time.

Registration is free of charge.

A candidate can have only one Account on the Service.

Use z Service

The contract for the provision of services by electronic means within the meaning of the UŚUDE in the form of provision of ICT tools (resources of the Service, Account) for the purpose of storing Content, of which these Terms and Conditions are an integral part, is concluded at the moment of successful completion of the registration process on the Service by the Candidate (the “Contract”). The contract is concluded for an indefinite period.

The use of the Services provided on the Site may be subject to a fee. Information in terms of payment for the use of the above. services will be posted in such a way that the Candidate can become familiar with them before any paid services are used, along with a clear notice of the obligation to pay. The contract for the provision of such services is concluded at the time indicated by the Service Provider when ordering a particular Service.

The Service Provider reserves the right to modify the technical implementation of the Services, according to the scope and conditions of its authority, and according to its technical capabilities, without deteriorating their quality, and without affecting the scope of the rights and obligations of Everuptive and the Candidate.

Each Candidate has the right to:

• update the data contained in the Account;
• browsing the Announcements on the Service;
• with prior consent, to receive job offers;
• Delete your Account and personal information.

The Service Provider provides, in particular, the following Services to the Candidate:

• Enabling the creation of a Candidate Account;
• subscription of offers, which consists in informing the Candidate about job offers that correspond to the Candidate’s predefined selection criteria;
• Allowing you to apply for a job position to which the Announcement applies by submitting an Application for the Announcement or a specific job position for which the Employer is recruiting through Everuptive;
• Enabling the entry of resumes, cover letters, and other Candidate data for processing by the Service Provider to the extent necessary to select Candidates who meet the needs of individual Employers and for sharing with Employers;
• providing access to profiles of Employers whose information has been posted on the Service.

The Project Manager, after a given Candidate submits an Application for an Announcement or a Recruiter submits the Candidate’s data, will contact the Candidate to conduct a 30-minute preliminary interview with the Candidate regarding the Candidate’s experience and skills in accordance with the information submitted by the Candidate for a certain Employer Announcement. Then, after such interview, depending on the Application in connection with the Announcement, the Lecturer will interview the Candidate to verify the knowledge of the foreign language declared by the Candidate.

Withdrawal from Agreement

Everuptive provides the Candidate with confirmation of the Agreement via the e-mail provided by the Candidate when creating the Account.

A Candidate who is a consumer who has entered into the Contract may, within 14 days from the date of entering into the Contract, withdraw from the Contract without stating a reason and without incurring costs. To meet this deadline it is sufficient to send the statement of withdrawal before its expiration to the following address: Everuptive sp. z o.o., ul. Grzegórzecka 8/5, 31-530 Kraków or by email: kontakt@talentplace.pl. The appendix to the Regulations contains a sample form of the withdrawal statement.

In the event of the effective exercise of the right of withdrawal, the Contract shall be deemed not to have been concluded. Reimbursement of reciprocal benefits, if incurred, should be made immediately, no later than within 14 (fourteen) days: (i) in the case of the Service Provider, from the date of receipt of the Candidate’s notice of withdrawal from the Agreement; a (ii) in the case of a Candidate, from the date of its withdrawal from the Agreement.

The right of withdrawal does not apply in the situations specified in Art. 38 of the Law of May 30, 2014. on consumer rights, including where performance has begun with the express consent of the Candidate before the expiration of the deadline for withdrawal from the Agreement and after informing the Candidate of the loss of the right to withdraw from the Agreement.

Notwithstanding paragraph. 1-4 above, a Candidate who is a consumer shall not have the right to withdraw from a contract concluded remotely with another Candidate who is not an entrepreneur with respect to paid Services of use of Content provided by such Candidate.

Protection data personal

The Service Provider guarantees the preservation of the Candidates’ right to privacy.

The Candidate’s personal data is processed for the purpose of executing the contract in accordance with the Law on Personal Data Protection.

The candidate has the right to access and correct his/her personal data collected by the Service Provider.

The Candidate may, at any time, request the Service Provider to cease processing his/her personal data, which may entail the discontinuation of the provision of Services to the Candidate.

The candidate is obliged to provide his personal data and other content in accordance with the facts and in a manner that does not violate any rights of third parties.

Candidate provides personal information voluntarily, however, providing personal information is necessary to use the Services.

The candidate, by entering his/her image in the Service, consents to its use.

The Provider’s use of the Candidate’s image, insofar as the Candidate has uploaded the image to the Site, shall be subject to the provisions on the processing of personal data, respectively.

The Candidate may stop using the Services at any time.

The Service Provider will transfer to Employers the data of selected and verified Candidates in connection with an Announcement or recruitment conducted by Everuptive for a given Employer.

Candidates should include a clause in the documentation sent to the respective Announcement (e.g. CV) agreeing to the processing of their personal data.

Detailed rules for the processing and protection of personal data can be found in the Privacy Policy.

Commitments Candidates

The candidate undertakes to:

• not to attempt to break the security of the Service’s services;
• not to modify or interfere in any way with the source code of the Service’s software;
• not to interfere with databases accessible through the Service Provider’s Service;
• not to modify for any purpose the Service, trademarks, descriptions, and other data and objects of intellectual property rights contained on the Service’s website;
• use of the Services offered by the Service Provider in a manner consistent with the provisions of the law in force in Poland, the provisions of the Regulations, as well as with the customs accepted in a given field;
• not to provide or transmit content prohibited by applicable laws;
• use the Services offered by the Service Provider in a manner that is not onerous for the other Candidates and for the Service Provider with respect for their personal rights (including the right to privacy) and all their rights;
• use the Services offered by the Service Provider in a manner that does not interfere with the functioning of the Site, in particular by using certain software or devices;
• not to undertake any actions aimed at bypassing security, or disrupting the stability and functionality of the authorized servers and/or software of the Service;
• use any Content posted within the Service only for your own personal use. The use of the Content for other purposes is permitted only on the basis of the express consent given by the authorized person;
• not to post Content or statements having the character of advertising or of a commercial nature, offensive, vulgar, violating good morals or the good image of the Service Provider or the Site;
• to provide only Content that the Candidate is authorized to post on the Service.

Procedure reporting unlawful Content

The Candidate is solely responsible for the nature, correctness, completeness, accuracy, and usefulness and content of the Content posted by him/her. The Service Provider shall not bear any responsibility for the Content, subject to Art. 14 UŚUDE. Posted Content does not express the views of the Service Provider and should not be equated with its activities.

If a third party becomes aware of the fact that Content violating the Terms and Conditions has been posted on the Site, it should immediately report such fact by contacting the Service Provider at the following e-mail address: kontakt@talentplace.pl.

It is forbidden to post within the Service unlawful Content or Content with which unlawful activity is associated, and in particular Content that constitutes:

• works within the meaning of the Law on Copyright and Related Rights or objects of related rights, as well as objects of industrial property rights within the meaning of the Law – Industrial Property Law (e.g. trademark) in the event that the Candidate making them available through the Service is not authorized to use them in a way that allows them to be posted on the Service;
• Violation of personal rights of natural persons or legal entities in the meaning of the Act – Civil Code (e.g., providing false information about a natural person or legal entity, posting the image of a third party without its consent);
• Violation of applicable laws, among others. Public incitement to hatred on the basis of national, ethnic, racial, religious differences or on the basis of irreligiousness, the commission of a crime or a misdemeanor, as well as insulting religious feelings within the meaning of the Act – the Criminal Code;
• Violation of any other rights of third parties.

Unless otherwise expressly provided, the Candidate shall not be entitled to any remuneration for posting Content on the Service.

The Service Provider reserves the right to prevent access to such Content, which, based on reports from third parties or relevant authorities, is found to be unlawful or there is unlawful activity associated with it. Nevertheless, it should be borne in mind that the Service Provider does not conduct prior and ongoing inspection of posted Content.

In the event that, as a result of the Candidate’s posting of a given Content within the Service, there is a violation of the rights of third parties or the provisions of the applicable law, or damage is caused to a third party by the Candidate or the Service Provider acting in reliance on the Candidate’s representations made by accepting these Terms and Conditions, the Candidate shall be obliged to fully compensate the Service Provider for the damage incurred as a result of such violation.

Responsibility

The Service Provider is not responsible for technical problems or technical limitations occurring in the computer equipment, terminal equipment, data communications system and telecommunications infrastructure used by the Candidate, which prevent the Candidate from using the Site and the Services offered through it correctly.

The Candidate shall be solely responsible for ensuring technical compatibility between the computer equipment or terminal equipment and data communications or telecommunications system used by him/her to use the Service and the Service.

The Candidate shall be liable for the acts or omissions of the third party it enables to use the Service as for its own acts or omissions.

The service provider is not responsible for:

• loss of data by the Candidate or other damage to the Candidate caused by equipment or system failure or other circumstances for reasons beyond the Service Provider’s control,
• the consequences of the Candidate’s use of the Service in a manner contrary to applicable law, the provisions of the Terms and Conditions or accepted customs in this regard,
• The speed of data transmission and related limitations, being the result of circumstances, among others. of a technical and technological and infrastructural nature, the content of any statements made by the Candidate, which were posted through the Service.

The Service Provider is not responsible for the unavailability of the Site due to force majeure, as well as the acts or omissions of the Candidate or third parties for whose acts or omissions the Candidate is responsible.

Procedure complaints i reporting violation law

The Service Provider shall use its best efforts to ensure that the Site and all Services made available through it operate continuously without interruptions or faults.

The Service Provider reserves the right to suspend or terminate the provision of Services in accordance with the provisions of the Regulations, in particular due to the need for maintenance work on the Site, overhaul or expansion of the technical base of the Site, but in such a way that the rights of the Candidate are not affected.

The Service Provider shall take measures to ensure the fully correct operation of the Site, to the extent of current technical knowledge, and shall undertake to remove any irregularities that have been appropriately reported by the Candidates in a timely manner.

During the use of the Site, the Candidate shall immediately notify the Service Provider of any irregularities, defects or other interruptions in the operation of the Site.

The candidate has the right to file a complaint related to the operation of the Service. Complaints should be addressed to: kontakt@talentplace.pl

In the complaint, the Candidate should provide his/her name, e-mail address and the type and date of the irregularity related to the functioning of the Service.

The Service Provider will respond to the reported complaint no later than 30 days from the date of receipt. Everuptive will immediately notify the Candidate of its decision as a result of reviewing the complaint via e-mail to the address provided in the complaint.

Termination Agreements

The Candidate or the Service Provider shall be entitled to terminate the Agreement at any time, without giving reasons.

The Service Provider shall have the right to terminate the Agreement, with immediate effect, if the Candidate violates the provisions of the Terms and Conditions and after the Candidate has been given an additional 1-day period to cease violations without success.

The Service Provider, wishing to terminate the Agreement, will inform the Candidate of this fact to his/her e-mail address provided during Registration, within 14 days before the planned date of Account deletion.

The Candidate terminates the Agreement by either deleting the Account himself or by submitting a request for deletion of the Account to the Service Provider at the following email address: kontakt@talentplace.pl, whereby: (i) in the case of an independent deletion of the Account by the Candidate, the Agreement shall terminate at the time of deletion, whereas (ii) in the event of a request to delete the Service Provider’s Account, the Agreement shall terminate after a notice period of 2 (two) days.

Final provisions

Declaring individual provisions of these Regulations invalid or ineffective as provided by law shall not affect the validity or effectiveness of the remaining provisions of the Regulations. In place of the invalid or ineffective provision, the provision that comes closest to the objectives of the invalid or ineffective provision and the Regulations as a whole and at the same time complies with the provisions of applicable law shall be applied.

In matters not covered by these Regulations, the provisions of Polish law shall apply.

Any disputes should be resolved amicably. If the Parties fail to reach an amicable agreement, the common court in Poland shall have jurisdiction to settle any disputes.

Everuptive has the right to change the terms of the Terms and Conditions. The change is effective from 8. day after the day the new Regulations are made available on the Service Provider’s website. Everuptive will give notice of the change by posting the appropriate information on the Service under the “Terms and Conditions” link. In the event that Candidates begin using the Services prior to the effective date of the amendments to the Regulations, the existing provisions of the Regulations shall apply.

The current Regulations are published on the pages of the Service in a manner that allows for its storage and repeated reproduction in the ordinary course of business.