Terms and conditions

Terms and Conditions of services provided by www.goldmanrecruitment.pl

The Terms and Conditions establish the standards for: (i) use and maintenance of the personal profiles of www.goldmanrecruitment.pl Users, (ii) User participation in recruitment processes carried out on www.goldmanrecruitment.pl, (iii) commercial information provided to the Website’s Users by MBE group spółka z ograniczoną odpowiedzialnością with its registered office in Kraków at ul. Kraszewskiego 10 suite 3, 30-110 Kraków, entered in the register of entrepreneurs of the National Court Register under the number KRS: 0000306694. Its registration files are maintained by the Regional Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register, NIP (taxpayer identification number): 5130164085, entered in the National Recruitment Agencies Register (KRAZ) No. 6360.

 

§1. Definitions 

All instances of the following definitions in the Terms and Conditions are to be understood as follows:

Electronic address – ICT system designation allowing for communication through electronic devices, specifically electronic mail,

Resume – the resume of the User submitted in the User Profile as an external file attached by the User,

Commercial information – all information for purposes of direct or indirect promotion of goods, services, or the image of the entrepreneur with exception of information allowing for communication through electronic devices with a specific individual and information on goods and services not used for purposes of the commercial objective desired by the entity commissioning its distribution, specifically with no involved remuneration or other benefits from manufacturers, sellers, and service providers,

Login – the e-mail address provided by the User to be used on the Website,

Employer – Natural person, legal person, or other organisational entity with no legal personality looking for employees, service providers, or individuals providing services, including recruiting entities operating under the commission of said entities (e.g. employment agencies).

User profile – the information provided to MBE by the User, specifically concerning the professional qualifications and career path of the User, specifically in the form filled out during registration of the User Profile,

Terms and Conditions The “Terms and Conditions of services provided by www.goldmanrecruitment.pl” constituting terms and conditions pursuant to the Electronic Services Law of 18 July 2002 (consolidated text of 9 June 2017, Journal of Laws of 2017 item 1219);

Website – the website operated by MBE under the current URL address of: http://www.goldmanrecruitment.pl,

ICT system – the system of interacting IT devices and software allowing for data processing, storage, sending, and receiving through telecommunications networks with the end device appropriate to the given network pursuant to the Telecommunications Law of 16 July 2004 (Journal of Laws of 2016 item 1489 as amended),

Means of electronic communication – technological solutions, including ICT devices and the software interacting with them, allowing for individual remote communication involving data transmission between ICT systems, specifically electronic mail,

Electronic services – services provided without the simultaneous presence of the parties (remotely) based on data transmission at the individual request of the User, sent and received on electronic processing devices, including digital compression and data storage, which is transmitted or received fully through a telecommunication network pursuant to the Telecommunications Law of 16 July 2004 (Journal of Laws of 2016 item 1489 as amended),

Services – all electronic services provided by the Service Provider to the Users pursuant to the Terms and Conditions,

Service provider or MBE – MBE GROUP Sp. z o.o.  ul. Kraszewskiego 10/3, 31-110 Kraków, the registration files of which are maintained by the Regional Court for Kraków-Śródmieście, XI Commercial Division, KRS 0000306694, Share capital PLN 50 000 (paid in full), NIP (taxpayer identification number): 513-016-40-85, REGON (national business register): 120703473,

User (Service recipient) – the natural person using the free electronic service provided by MBE, including the individual User Profile of the Website,

GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.

 

§2 General provisions

1. The Terms and Conditions establish the provisions for the electronic services provided by MBE related to:

a. MBE’s maintenance of User Profiles, permitting for the following:

– updating of the Profile, specifically regarding provided consent to the processing of personal data, and deleting of the Profile,
– submitting applications to the recruitment processes carried out by MBE on the Website.

b. handling of the recruitment processes carried out by MBE on the Website for third parties.

2. The Terms and Conditions are provided to Users free of charge and upon request before entering the agreement for provision of Services through the ICT System.

3. MBE shall take due care to ensure efficient and uninterrupted provision of the services specified in the Terms and Conditions with the reservation that temporary downtime in provision of the services may result from maintenance work or circumstances beyond the control of MBE. MBE shall take due care to reduce the length of such downtime.

4. The Services provided by the Website are free of charge for Users.

5. The User undertakes to refrain from uploading illegal content to the Website, specifically content infringing upon the rights and freedoms of third parties.

6. MBE reserves the right to remove User posts infringing upon the law, third party rights, or the Service Provider. The Service Provider reserves the right to close the User Profile in instances when the User uses the Profile in violation of the provisions of effective law, the Terms and Conditions, or third party rights.


§3. Conditions for establishing and terminating electronic services agreements.

1. MBE provides services under the conditions specified in the Terms and Conditions. If the User does not accept the Terms and Conditions, the User should restrict use of the Website to that which is possible without registration of a Profile – e.g. to reading the content presented on the Website.

2. Only adults can register Profiles on the Website.

3. The services offered by MBE require fulfilment of the technical requirements necessary to use the ICT system of the Website, i.e.:

– Internet connection,
– access to an Internet browser.

4. The Website is used by MBE to present the job offers of its clients, i.e. Employers.

5. A User interested in a job offer can apply to it after registering a User Profile.

6. In order to register a Profile, the User fills out the registration form with general data like the full name, date of birth, e-mail address, and telephone number. At this stage, the User also attaches a resume in an external file format. The User Profile is activated after the User fills out the form, agrees to the Terms and Conditions, and clicks: Send application.

7. After registering the Profile, the User will be asked to fill out a second form, which specifies the User’s professional profile. This form requires the following information:

– place of residence,
– command of foreign languages,
– willingness to relocate,
– preferred job level,
– financial expectations,
– professional goal,
– specialisations.

Filling this form out is not mandatory. If the User decides to fill it out, he or she will be asked to provide data in all of the aforementioned categories with exception of the professional goal, which can be omitted. By providing the aforementioned data, the User can create a professional profile.

8. The User can also register a Profile for an announcement shared on the Website independently of the application by clicking on: Send resume. In this case, the User will be prompted to enter the following data:

– full name,
– e-mail address,
– year of birth,
– telephone number,
– place of residence,
– command of foreign languages,
– willingness to relocate,
– preferred job level,
– financial expectations,
– professional goal,
– specialisations.

Profile registration is based on the User’s acceptance of the Terms and Conditions.

9. The information in the registered Profile is sent to the e-mail address of the User provided during the registration procedure. This address will also be used for notifications throughout use of the User’s Profile as long as the User agrees to receive them.

10. The Profile allows the User to update personal data, change passwords, and delete the Profile.

11. MBE has no legal or real capacity to verify most identification data provided by Users as being true. The User should be aware that entering incorrect or false data in the registration form may block the User from participation in recruitment processes.

12. The User can delete the Profile registered on the Website – for this purpose, the User must send an e-mail to: dpo@goldmanrecruitment.pl or – after signing in to the User Profile – by clicking on the “Profile” tab, then clicking on the button in the “Delete profile” section. Deletion of the account simultaneously terminates the electronic services agreement. Deletion of the Profile on the Website prevents the User from participation in the recruitment processes operated by MBE.

13. The User should not disclose his or her Profile password to other users. In the event of such disclosure, MBE is not held liable for the consequences.

14. MBE recommends Users update their Profiles at least once every 6 months. MBE may request Users update their profiles by sending the appropriate information by e-mail. Profiles not updated by Users for more than 5 years may be deleted by MBE.

15. MBE takes due care to ensure protection of the personal data provided by the User, thus complying with the provisions of GDPR. MBE does not control or verify the data in User Profiles. The User is responsible for providing correct data.


§5. Privacy policy and protection of personal User data. 

1. If the User registers a Profile on the Website and agrees to the Terms and Conditions, the User’s personal data will be processed for the following purposes:

a) In order to provide electronic services in accordance with the agreement established with MBE by approving the Website’s Terms and Conditions, specifically: (i) maintaining the Profile on the Website; (ii) creating a professional profile (iii) applying to open recruitment processes on the Website; (iv) participation in future recruitment processes – the data will be processed on the grounds of the agreement established between the User and MBE in accordance with the Terms and Conditions of the Website,

b) In order to evaluate the submitted data, create the User’s professional profile, and to match the job offers registered on the Website with the User’s experience and competencies to provide the recommended job offers – the data will be processed on the grounds of the legitimate interest of MBE for conducting recruitment processes commissioned by third parties,

c) In order to share the User’s personal data presented in the professional profile created on the Website with potential Employers, including recruiting entities, whose job offers match the User’s professional competencies and experience – in this case, the data will be processed on the grounds of the legitimate interest of MBE based on seeking out and matching the profiles of candidates with the job offers held by MBE,

d) In order to periodically remind the User to update the data on the Website – in this case, the data will be processed on the grounds of the legitimate interest of the Administrator for conducting recruitment processes based on the current data of Website Users,

e) For internal statistical purposes of MBE – in this case, the data will be processed on the grounds of the legitimate interest of MBE, and the statistical data produced from the processing of the User’s data for this purpose will not be shared with other entities,

f) If the User provides separate consent to receive offers associated with the services provided by MBE, including newsletters, to the provided e-mail address – in this case, the data will be processed on the grounds of the User’s consent, which can be withdrawn at any time by contacting MBE; MBE is legally permitted to process the data until the User withdraws said consent,

g) For purposes of archiving the conducted recruitment processes, MBE’s confirming the performance of its responsibilities resulting from the personal data protection provisions, and pursuing claims or defending claims potentially filed against MBE – in this case, the data will be processed on the grounds of the legitimate interest of MBE based on the protection of rights, confirmation of performed responsibilities, and collection of the due remuneration from the Administrator’s clients.

2. MBE processes the User’s personal data in accordance with the law and ensures that it is updated and correct. Due to the above, MBE shall periodically remind the User of the need to update his or her data through the profile or by sending an e-mail to the address provided by the User.

3. The User can submit only some of the data required by MBE. However, Profile registration on the Website requires certain data for MBE to perform the Services specified in the Terms and Conditions and carry out recruitment processes on the Website. Failure to submit the data required in the first form prevents the User from registering a Profile on the Website and consequentially from applying to the chosen job offer.

4. Besides potential Employers, MBE also shares personal data with entities operating under the commission of MBE (e.g. entities providing hosting services for the Administrator), i.e., processing entities. The data will be shared based on a data entrustment agreement, which will specify the objective, range, and time concerning data processing.

5. MBE does not share your personal data with third countries, i.e. countries outside of the European Economic Zone, unless the potential employer or entity recruiting on behalf of such an employer (e.g. another company in the enterprise group of the potential employer) is located outside of the European Union. In such cases, MBE may share the User’s data with countries outside of the European Union and shall enter an agreement with such an entity corresponding to the standard security clauses adopted by the European Commission or by the Polish authority in instances where the European Commission has not released a decision establishing the proper level of security for the country in question.

6. MBE uses numerous IT and physical security measures to minimise the risk of data leakage, destruction, or disintegration, including a firewall system, anti-virus software, and internal data access and processing procedures. MBE informs Users that using the Internet always carries a risk of certain security incidents. However, the measures of security applied by MBE reduce this risk as much as possible.

7. The User’s data is processed as follows:

a) If the User registers a Profile, MBE shall process the data under successive recruitment processes until the User’s consent is withdrawn (by deleting the Profile from the Website) or for the period of 5 years counted from the last update of data on the Website.

b) After deleting the User Profile from the Website, MBE is authorised to process the User’s data for purposes of archiving, maintaining statistics, MBE’s confirming the performance of its responsibilities, and pursuing claims or defending claims potentially filed against MBE throughout the term of claim limitation pursuant to provisions. This term is limited to a maximum of 10 years.

8. Pursuant to GDPR, the User has numerous rights associated with the provided personal data, including the following:

a) the right to be informed on how the personal data is being processed – executed by contacting the Website at: dpo@goldmanrecruitment.pl

b) the right of access to and updating of data – executed by contacting the Website at: dpo@goldmanrecruitment.pl

c) the right to erasure – executed by notifying the Website at: dpo@goldmanrecruitment.pl or deleting the Website Profile. In this case, the User’s application will be removed from ongoing recruitment processes, and the entities who were granted access to the data will be informed of the request to delete the provided data,

9. Pursuant to the provisions of GDPR, the User also has the following rights:

– the right to restrict data processing,
– the right to object to data processing if said data is processed based on the legally legitimate interest of MBE,
– the right to data portability if the processing procedure is based on an agreement or the consent of the User.

10. The User’s rights shall be executed within 30 days of receiving the request. If it is not possible to meet this deadline due to circumstances beyond the control of MBE, MBE shall inform the User of this fact and clarify the reason of delay. In legitimate instances, MBE may perform verification of the User’s identity by asking a few questions.


§6. Complaints

1. All User complaints regarding the operations of the Website and MBE’s provision of the services specified in the Terms and Conditions can be filed: (i) at the e-mail address: dpo@goldmanrecruitment.pl, (ii) at the telephone number +48 12 429 94 00, or (iii) by traditional mail to MBE: MBE GROUP sp. z o.o., ul. Kraszewskiego 10/3, 30-110 Kraków.

2. The submitted complaints should include at least the following information: specification of the entity filing the complaint (full name, address, e-mail address), subject of complaint, specification of the circumstances justifying the complaint, and contact information.

3. MBE shall examine complaints within 14 days of their receipt. The User will receive the response in the same way as the complaint was submitted unless the User approves another way for providing the information concerning settlement of the complaint.

§7 Final provisions

1. The Service Provider reserves the right to amend the Terms and Conditions. The amendments take effect at the time specified in the amendment to the Terms and Conditions, but a minimum of 14 days after the Users are informed of said amendments. Within those 14 days, the User can file a statement of no consent to the amendments to the Terms and Conditions – this statement will be considered as the User’s termination of the legal relationship binding MBE and the User, which serves as grounds for provision of the services discussed in the Terms and Conditions. If such a statement is filed, the Service Provider shall discontinue the services provided to the given User within 15 business days of submission of said statement. The statement of no consent to the amendments to the Terms and Conditions shall be filed by e-mail to dpo@goldmanrecruitment.pl, by registered letter to the address of MBE, or by deleting the User Profile.

2. The Service Provider reserves the right to discontinue free-of-charge Profiles on the Website without specifying a reason. MBE’s discontinuation of free-of-charge User Profiles shall result in the termination of the electronic services agreement by MBE and shall take place following prior e-mail notification of the User – following 14 days of said notification.

3. Matters not regulated by the Terms and Conditions are subject to the provisions of the Civil Code, the Electronic Services Law of 18 July 2002 (Journal of Laws no. 144 item 1204), the Personal Data Protection Law, GDPR, and other unconditionally effective provisions of the law.

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