TERMS AND CONDITIONS OF USE OF VIDEOCV DATABASE FOR REGISTERED EMPLOYERS
1.1 VideoCV – Creative Panda OÜ (registry code 14098592, registered office Pärnu mnt 142a, 11317 Tallinn, Republic of Estonia).
1.2 Customer – a legal person ordering Services.
1.3 Parties – VideoCV and the Customer.
1.4 Database – the VideoCV database located on the website www.videocv.io that contains job offers and job-seeking notices, videoCVs, CVs and other data related to employment.
1.5 Access Data – the username and password to be communicated by VideoCV to the Customer that are required for accessing the Database.
1.6 Terms and Conditions or Conditions – these terms and conditions for registered employers for using the VideoCV Database.
1.7 Advertisement – a customer’s job offer advertisement published in the Database.
1.8 Services – services aimed at employers as described in the subdivision “For Employers” of the section “Employer” of the website www.videocv.io that VideoCV provides to the Customer and for which the Customer pays VideoCV pursuant to the rates provided in the same subdivision.
2 RIGHTS AND OBLIGATIONS OF CUSTOMER
2.1 If the Customer has paid for the ordered Services or VideoCV has decided to provide Services to the Customer on the basis of credit, VideoCV shall e-mail them data concerning the activation of the access rights to the Database and the Access Data ensuring them the possibility to use the Services during the period of time set out in the description of the respective Service.
2.2 The Customer shall be entitled to make their Access Data available only to authorised contact persons for the purpose of using the ordered Services, for example their employees through whom the Customer uses the Services.
2.3 The Customer shall be responsible for ensuring that their Access Data are inaccessible to any third parties. If the Customer has a reason to suspect that the Access Data have been made available to third parties, they shall immediately notify VideoCV thereof via e-mail. In this case, VideoCV shall invalidate the Customer’s Access Data and issue new Access Data. The aforesaid data shall be sent in writing to the e-mail address submitted by the Customer upon registration or communicated in another manner agreed on with the Customer via e-mail.
2.4 The Customer shall inform VideoCV via e-mail within three working days of any changes in the contact person of the Customer, setting out the date as of which the former contact person no longer has the authorisation to access the Database on behalf of the Customer, as well as the name of the new contact person, and also give notice of the date as of which the new contact person is granted the authorisation to access the Database on behalf of the Customer, and the given name and surname, e-mail address and telephone number of the new contact person. After receiving a respective notice from the Customer, VideoCV shall invalidate the former Access Data on the date specified by the Customer and submit new Access Data to the Customer’s new contact person’s e-mail address.
2.5 The Customer shall use the data received from the Database only for their own purposes with the objective of finding employees and not communicate it or any parts of it to any third parties without the written approval of VideoCV. As an exception, staff recruitment agencies are permitted to communicate information to their contractual partners for the purpose of offering employment mediation services. Staff recruitment agencies must ensure that their customers only use the data of jobseekers pursuant to the objectives and extent provided in the Terms and Conditions and apply similar technical and organisational measures for protecting the personal data of jobseekers as provided in the Terms and Conditions.
2.6 The Customer shall not perform any activities with the aim of copying or damaging the Database in part or in full or interrupting the operation thereof, including, but not limited to, via any computer programs (applications, scripts, command prompt queries, etc.).
2.7 The Customer shall be able to use one Advertisement for publishing only one job offer. The Advertisement must comply with the requirements of legislation and contain accurate and reliable information that corresponds to the ethical and moral standards prevalent in society. The Customer shall be responsible for the content of the Advertisement.
2.8 The Advertisement must only contain the Customer’s contact details. Including the contact details of any third parties in the Advertisement shall only be permitted upon a previous agreement with VideoCV concluded via e-mail or signed in writing.
2.9 The Advertisement may not contain the employer’s e-mail address, i.e. applying for the job must take place in the VideoCV system.
2.10 The Customer authorises VideoCV to inspect the Advertisements and the information contained therein in information channels not controlled by the Customer. The authorisation of VideoCV set out in this clause shall not restrict the Customer’s rights, i.e. the Customer shall be entitled to also publish Advertisements and the information contained therein in other information channels independently or via representatives. Upon the illegal copying or publishing of Advertisements and the information contained therein or making them available to unauthorised persons in any other manner in information channels whose administrators are not VideoCV or its partners, the Customer authorises VideoCV to take any required legal measures in order to stop the illegal use and publication of the data contained in the Database.
2.11 The Customer shall be entitled to order additional Services at any time, including the extension of the period of access to the Database and/or increasing the number of Advertisements.
2.12 The Customer shall ensure that the personal data contained in the Database (applicants’ data) are processed (including examining applicants’ data, recording or storing them, using the data to contact applicants, etc.) in compliance with the applicable legislation. The Customer shall maintain the confidentiality of the data received from the Database, including personal data, and they may only be used for contacting applicants for the purpose of deciding on concluding precontractual negotiations and potential hiring. The Customer shall ensure that the aforesaid confidentiality obligation also applies with respect to the Customer’s employees and contractual partners who are authorised to process the personal data of applicants.
2.13 The Customer shall apply all relevant technical and organisational measures arising from legislation when processing the personal data of applicants contained in the Database. If the Customer communicates the personal data of applicants to persons working as data processing contractors for the Customer, the latter shall ensure that such persons only process the personal data of applicants for the purposes and to the extent provided in the Terms and Conditions and apply technical and organisational measures similar to those as provided in the Terms and Conditions.
2.14 If required, the Customer shall cooperate fully with VideoCV in order to eliminate any possible violations related to personal data and perform the obligations arising from the violation pursuant to applicable legislation. If required, the Customer shall inter alia notify a supervisory authority and jobseekers of the violations related to the personal data of jobseekers.
2.15 After the expiry of the subscription period for the Services, the Customer shall not be permitted to further use the data of jobseekers. The Customer shall guarantee and ensure that the stored data of jobseekers and copies thereof in any format whatsoever shall be deleted from the Customer’s system and the systems of all persons working as data processing contractors for the Customer.
2.16 The Customer shall compensate VideoCV for any damage caused due to a violation of the requirements for processing personal data contained in the Database, including, but not limited to, all amounts that VideoCV has had to pay to data subjects, third parties and institutions by means of compensation for damage, contractual penalties or fines for misdemeanours or on other grounds due to the Customer failing to comply with the requirements for processing personal data provided in these Terms and Conditions and in legislation.
3 RIGHTS AND OBLIGATIONS OF VIDEOCV
3.1 VideoCV shall ensure the provision of the Services chosen by the Customer pursuant to the terms and conditions set out in the description of the Services after the receipt of the fee from the Customer.
3.2 For the purpose of using the Services, VideoCV shall send a notice to the Customer’s e-mail address registered in the Database concerning the activation of access to the Database by means of which the Customer shall receive the Access Data.
3.3 VideoCV shall ensure the uninterrupted operation of the Database and the accessibility of the data entered in the Database online 24 hours a day. If access to the Database is interrupted due to the acts or omissions of VideoCV (including its employees, contractors and/or subcontractors), VideoCV shall, at the request of the Customer, extend the period of using the Services proportionately to the period of time in which access to the Services was interrupted. Should VideoCV foresee that using the Services may be interrupted, it shall inform the Customer’s contact person thereof in due time.
3.4 VideoCV shall be entitled to demand that the Customer remove an Advertisement entered in the Database if it contains information that is contrary to these Terms and Conditions and the legislation of the Republic of Estonia. If the Customer fails to make the required amendments to the Advertisement within two working days, VideoCV shall be entitled to remove the Advertisement from the Database. VideoCV shall not be liable for any damage caused to the Customer arising from such removal. VideoCV shall also be entitled to unilaterally remove any Advertisements that are not job offer advertisements and any job offer advertisements that are not in compliance with the applicable legislation and moral standards or are clearly related to activities leading to a violation of human rights (human trafficking, enslaving, etc.).
3.5 VideoCV shall be entitled to change the Database procedures and menu structure without giving the Customer prior notice.
3.6 All rights to the Database belong to VideoCV. The Customer may only use the data contained in the Database for the purpose of using the Services within the scope set out in the description of the Services ordered by the Customer. When using the Database in any manner whatsoever (including for the purpose of using the Services), the Customer shall not receive the copyright to the software required for the operation of the Database.
3.7 VideoCV shall be entitled to unilaterally amend these Terms and Conditions, giving notice of the amendments and making the new Terms and Conditions available on the website www.videocv.io at least five days before the entry into force of the amendments. Amendments shall not apply retroactively with respect to the Services ordered by the Customer before their entry into force except in cases where this arises from national legislation or the data protection legislation of the European Union.
4 LIABILITY OF PARTIES
4.1 VideoCV shall be entitled to unilaterally terminate the provision of Services without providing advance notice and without refunding the Customer the fee paid for the Services if the Customer has violated these Terms and Conditions and has failed to eliminate the violation within 10 working days as of the receipt of a respective warning from VideoCV via e-mail.
4.2 The Customer shall be entitled to waive the further use of the Services at any time irrespective of the reason by notifying VideoCV thereof via e-mail. In this case, the Customer shall not be entitled to demand that the fee paid for the Services be refunded.
4.3 The Customer shall be liable for the damage caused to VideoCV by violating these Terms and Conditions.
4.4 VideoCV shall not be liable for the accuracy or content of the data entered in the Database or any damage caused to the Customer as a result of using the data contained in the Database. The Customer shall conclude precontractual negotiations with jobseekers and enter into contracts with them independently without the intermediation of VideoCV.
5 FINAL PROVISIONS
5.1 After the expiry of the period for using the Services, the Customer shall be unable to use the respective Services, but they shall retain access to the data they have entered in the Database (Advertisements and letters sent to applicants).
5.2 If the Terms and Conditions provide that VideoCV must be given notice via e-mail, the Customer shall send such notices to the e-mail address of the customer administrator assigned by VideoCV and a copy of the e-mail to firstname.lastname@example.org.
5.3 The Parties shall attempt to resolve any disputes arising in the course of the performance of their obligations by way of negotiations. Failing agreement, the dispute shall be resolved in the Harju County Court in compliance with the legislation of the Republic of Estonia.