General terms and conditions (Users)
General Terms and Conditions
General terms and conditions governing the use of the platform (as of April 15th, 2015 – Last updated on September 25th, 2017).
By clicking on the “I have read and accept the Terms and Conditions” button, you acknowledge and agree to have read and be bound by these General Terms and Conditions, including the Privacy Policy which form part of this Agreement. If you do not wish to be bound by this Agreement, you may not use the Platform.
1. Introduction
These General Terms and Conditions, including the Privacy Policy as set out hereinafter (collectively referred to hereinafter as the “Agreement”) are entered into by:
The user (hereinafter the “User” or “you” or a “Party”);
And
KLIBER S.A., a Société Anonyme incorporated under the laws of Luxembourg and registered with the Registre du Commerce et des Sociétés of Luxembourg under number B 192016, whose registered office is at 11, rue des Capucins in L-1313 Luxembourg (hereinafter “Kliber”, “we” or “us” or a “Party”).
The User and Kliber are hereinafter together referred to as the “Parties”.
While using the Service (as defined below), the User expressly warrants that it is of the age required in its country of residence in order to use said Service, and in particular, to apply for positions.
This Agreement governs the access and use of the Platform and of the Service.
Kliber provides the User, free of charge, inter alia, with listings of job offers published on Kliber’s smartphone application and on Kliber’s website (hereinafter the “Platform”) by Employers (it being noted that “Employers” means in this Agreement any legal or natural person using the Platform in order to propose job offers to the Users) and the opportunity to get contacted by such Employers (hereinafter the “Service”).
The User expressly acknowledges and agrees that it may only access and use the Platform and the Service in compliance with the terms of this Agreement and any applicable law.
Kliber may modify the terms and conditions of this Agreement, in whole or in part, at any time. If Kliber makes material changes to it, the User shall be informed of such modification of this Agreement via an appropriate method of information, such as e-mail. Your continued use of the Service after we publish or send you a notice about our changes to this Agreement means that you are consenting to the updates included.
This Agreement, as modified, shall then be applicable to the access and use of the Platform by the User.
If the User does not wish to be bound by any modification of this Agreement, the User undertakes to immediately stop accessing and using the Platform.
Please read this Agreement carefully prior to accessing and/or using the Platform.
2. Proprietary rights
2.1 Kliber’s Intellectual Property Rights
Subject to the limited rights expressly granted to the User below, the User expressly acknowledges and agrees that Kliber holds and reserves all intellectual property rights in, to and in relation to the Platform, in particular but without limitation relating to trademarks, trade names, database rights, processes, software, patents, copyrights, designs, logos, calculations, algorithms and domain names (hereinafter “Kliber’s Intellectual Property Rights”).
The User is granted, for the duration of this Agreement, a limited, non-exclusive, non-transferable right to use Kliber’s Intellectual Property Rights for the sole and exclusive purpose of accessing and using the Platform under the conditions set forth in this Agreement.
The User agrees that it i) may not access or use the Platform in violation of any applicable laws, or of this Agreement, ii) may not give access to its Account (as defined below) to any third party, and/or iii) may not make derivative works incorporating any of the elements of, or reverse-engineer or decompile or try to access and/or modify in any way the source codes of any software protected by Kliber’s Intellectual Property Rights.
2.2 User Content
The User may post content on the Platform that may include data and/or information in text, image, audio and/or video or another format (hereinafter the “User Content”). The User owns the User Content that it submits or posts on the Platform in the course of its use of the Service and all related intellectual property rights remain vested in the User.
The User hereby expressly warrants that it holds all necessary rights to publish, submit and/or transmit the User Content and that it holds all necessary rights to grant Kliber the License on User Content (as defined below).
The User grants Kliber a non-exclusive, sub-licensable, transferable, worldwide and free-of-charge license to exploit the User Content for the legal duration of protection of intellectual property rights, including, inter alia, the right to use, sell, sub-license, reproduce, display, distribute, modify, create derivative works from or integrate in any way whole or part of any such User Content for the purpose of providing the Service without any further consent, notice and/or compensation to the User or any third-party (hereinafter the “License on User Content”).
The User shall defend, indemnify and hold Kliber harmless in the event of any Claim (as defined below) arising out of or related in any way to Kliber’s use of the User Content as set out above, or to the User Content that would derive from a violation of the User of the present Agreement or any applicable law or third party’s rights.
3. Data protection
The User expressly acknowledges and agrees that it has read and accepts the Privacy Policy available hereinafter that is incorporated herein by reference and that as such, forms part of this Agreement.
4. Account creation and Security
In order to access and use the Platform, the User must register to said Platform by creating an account (hereinafter an “Account”) that will be protected by a personal username and password (hereinafter the “User ID”).
In order to create an Account and use the Platform, the User agrees to provide true, accurate, up-to-date and complete information during the registration process, and to notify Kliber immediately of any changes thereof, in order for the registration data to be truthful, accurate, complete and up-to-date at all times.
The User acknowledges that its Account is strictly personal and that it may not create more than one Account in order to access and/or use the Platform, either with the same User ID or with a different User ID. You agree not to transfer any part of your Account.
The User is responsible for all access and use of the Platform made via its User ID, and is responsible for taking all appropriate measures to keep its User ID confidential.
Furthermore, the User undertakes to take all appropriate measures to prevent harmful agents or components from entering its systems and to prevent any unauthorized or unlawful or infringing access or use of the Platform through its User ID.
5. Use of the Platform
5.1 General features
The User acknowledges and agrees that while the purpose of the Platform is to provide the Users and Employers respectively with information regarding job opportunities and prospective applicants’ profile information, Kliber does not exercise any control or command of any nature on the information disseminated via the Platform, including on the User Content and on the Employer Content (it being noted that “Employer Content” means in this Agreement any content, information or data published on the Platform by Employers) (hereinafter the “Platform Content”) and as such:
The User is solely responsible for its User Content.
The User may not i) use the Platform for any illegal (either under Luxembourg law or the law of residence of the User) or unauthorized purposes or, ii) access and use the Platform in order to build and/or make available in any way any similar or competitive Services, and/or iii) use the Platform to create, store or disseminate infringing or otherwise unlawful User Content (either under Luxembourg law or the law of residence of the User) or User Content that is in any way defamatory or libelous, obscene, offensive, either racially or otherwise, sexually explicit, threatening, hateful or User Content that violates third-party rights such as their right to privacy or their intellectual property rights.
In particular, while creating its profile, the User undertakes not to disseminate any User Content related to or promoting in any way illegal, illicit or immoral activities (for example, but without this list being limitative, the User may not create a profile promoting prostitution, pornography, use of firearms, religious propaganda, drug trafficking, racism, discrimination, terrorism, etc.).
In the event Kliber is notified by any User of Platform Content that is published on the Platform in breach of this Agreement, and in particular of this article 5, Kliber may, if such Platform Content is clearly published in breach of this Agreement and at its discretion, remove such Platform Content immediately and without notice, upon receipt of the information below, and in the conditions that follow.
Any User may notify Kliber of Platform Content that is published on the Platform in breach of this Agreement at the following e-mail address: [email protected] (hereinafter the “Notification”).
In order for a Notification to be analyzed by Kliber, the User shall provide Kliber with the following information:
Kliber shall then analyze any complete Notification and take any action it sees fit as regards the Platform Content as flagged in such Notification.
Kliber reserves the right to limit your use of the Service, including the number of your connections. Kliber also reserves the right to restrict, suspend, or terminate your account, as set out in article 6 below, if it believes that you may be in breach of this Agreement, any applicable law or are misusing the Service.
5.2 Sharing functionalities
- Sharing of Users’ profiles from an Employer to third parties
Employers having access to a User’s profile may share such profile with specific third parties (“Invitees”) for the purpose of requesting feedback on the profile. Such Invitees do not necessarily have an Account on the Platform.
The profile is sent by email to an Invitee who will have the possibility to view it by clicking on a link generated by Kliber and giving access to the User’s profile on the Platform.
Employers and Invitees have the possibility to comment such profile. Comments are not visible from other Employers or third parties. The Employer may withdraw the comments.
Kliber does not proceed with any a priori moderation on the content of the comments but undertakes to withdraw from the Platform, a posteriori, any comment that would be considered as illegal content in accordance with the Notification process and requirements set out under article 5.1.
- Sharing of User Content from the User
The User may decide to send its profile and User Content directly to any recipient of its choice and /or to share such content on a digital medium distinct from the Platform by using the Sharing option provided by Kliber.
Such profile or User Content will be visible from third parties on a link opening on a web-based portal and not on the Platform.
Users are responsible for deciding to share the link to their profile or any Content User and use third party apps or sites. Third party apps and sites have their own legal terms and privacy policies and Users may be given other permissions to use their information in ways Kliber would not. Except to the limited extent it may be required by applicable law, Kliber is not responsible for such other sites and apps, their provisions of services and their use of the content the User may decide to share.
6. Term and termination
This Agreement shall stay into force for an indefinite term as from the date of creation of an Account by the User.
Kliber may terminate this Agreement, without reason and without recourse to the courts, by written notice sent to the other Party via e-mail. This Agreement shall then be terminated following a one-month’ notice as from the date of said written notice, unless immediate termination is required by law or any competent authority.
The User may terminate this Agreement, immediately, without reason and without recourse to the courts, by deleting its Account.
Kliber shall be entitled to temporarily restrict, suspend the User’s Account or terminate this Agreement with immediate effect and without recourse to the courts and as such, to permanently delete the User Content and/or the User’s Account and as such, prohibit the User from accessing and using the Platform in the event the User breaches this Agreement and does not cure such material breach within five (5) days as from the date of notification of the breach by Kliber.
In the event of material breach of this Agreement, Kliber shall be entitled to suspend the User’s Account, remove the concerned User Content or terminate this Agreement with immediate effect as from the date of notification of such breach by Kliber to the User, without any notice whatsoever (including without any cure period), either express or implied, and without recourse to the courts and as such, to permanently delete the User Content and/or the User’s Account and as such, prohibit the User from accessing and using the Platform.
The User expressly acknowledges and agrees that any violation by the User of Kliber’s Intellectual Property Rights, any infringement by the User of the rights of any third party while accessing and/or using the Platform, or any dissemination of User Content that is related to or promotes illegal, illicit or immoral activities shall constitute a material breach of this Agreement.
In the event of termination for any reason, the User acknowledges that Kliber will be entitled to delete its Account and any User Content and that as such, the User may no longer access the Platform or any Platform Content.
The User acknowledges that in this event, Kliber shall have no obligation whatsoever to provide the User with a copy of any data, including the Platform Content or the User Content that may no longer be accessible to the User as a result of the termination of this Agreement.
7. Warranties, liability and limitations
7.1 Kliber’s warranties and disclaimer
Kliber warrants that it has the power and authority to enter into this Agreement.
The Platform is made available on an “as is” basis.
Kliber does not warrant that it will operate error-free or in an uninterrupted manner or that the Platform Content shall meet the User’s requirements or expectations or that it will fit any particular purpose.
In particular and as regards the Service provided via the Platform, the User expressly acknowledges and agrees that Kliber does not provide any warranty as regards any User successfully securing a position with an Employer.
7.2 User’s warranties and disclaimer
The User warrants that it has the power and authority to enter into this Agreement.
7.3 Liability and limitations
The User is solely responsible for obtaining, installing, maintaining and operating all adequate software (such as the Kliber application), hardware (such as its smartphone) or other equipment (such as obtaining an internet connection), necessary to access and use the Platform.
The User acknowledges that the internet is not a stable or secure environment. As such, Kliber may not be held liable for any defects or delays in the access or use of the Platform arising as a result of any problem associated with the internet.
Kliber shall not be liable towards the User for any indirect damage, in particular, but not limited to, damages resulting from the loss of data, reputation, opportunities, profits or revenues arising under or in connection with this Agreement, or from or in connection with the use of the Platform.
8. Indemnification
Notwithstanding article 2.2 above, the User agrees to defend, indemnify, and hold Kliber and its managers, affiliates and/or employees, harmless from and against all claims, suits, proceedings, losses, liabilities, damages, costs and expenses (including without limitation any legal fees) (hereinafter the “Claims”) made against or incurred by Kliber arising out of the User’s access and/or use of the Platform, of the Services or of the Platform Content if such access or use is made in breach of the User’s obligations under this Agreement, or in violation of any applicable laws or any third party’s rights, including but not limited to right to privacy and intellectual property rights.
In the event Kliber receives any Claim from a third party as specified above, Kliber reserves the right to discontinue the User’s access to the Platform, block the User’s access to its Account and/or delete all or part of the User Content within five (5) days from receipt of notice by Kliber of the existence of the Claim.
9. Miscellaneous
Applicable Law and Venue. This Agreement shall be governed and construed in accordance with the laws of the Grand-Duchy of Luxembourg. Any dispute arising out of or in connection with this Agreement which will not be resolved out of court will be subject to the jurisdiction of the competent Courts of Luxembourg.
Assignment. Kliber may assign, transfer or otherwise dispose of any of its rights or obligations under the Agreement to a third party.
No Agency. The Parties are independent contractors. Nothing in this Agreement shall be construed as creating any relationship of any sort between the Parties other than the one expressly provided by this Agreement, including without limitation any sort of partnership, joint venture, agency, or employment relationship.
Survival. Notwithstanding the termination of this Agreement for any reason, Articles 2 – Proprietary Rights, 3 – Data protection, 6 – Term and termination, 7 – Warranties, liability and limitations, 8 – Indemnification, and 9 – Miscellaneous of this Agreement shall continue in full force and effect following such termination.
Notices. All notices, demands and requests of the User to Kliber shall be made at the following address: [email protected]
All notices, demands and requests of Kliber to the User will be deemed given when sent by e-mail to the User’s e-mail address as specified by such User in its Account information.
General terms and conditions governing the use of the platform (as of April 15th, 2015 – Last updated on September 25th, 2017).
By clicking on the “I have read and accept the Terms and Conditions” button, you acknowledge and agree to have read and be bound by these General Terms and Conditions, including the Privacy Policy which form part of this Agreement. If you do not wish to be bound by this Agreement, you may not use the Platform.
1. Introduction
These General Terms and Conditions, including the Privacy Policy as set out hereinafter (collectively referred to hereinafter as the “Agreement”) are entered into by:
The user (hereinafter the “User” or “you” or a “Party”);
And
KLIBER S.A., a Société Anonyme incorporated under the laws of Luxembourg and registered with the Registre du Commerce et des Sociétés of Luxembourg under number B 192016, whose registered office is at 11, rue des Capucins in L-1313 Luxembourg (hereinafter “Kliber”, “we” or “us” or a “Party”).
The User and Kliber are hereinafter together referred to as the “Parties”.
While using the Service (as defined below), the User expressly warrants that it is of the age required in its country of residence in order to use said Service, and in particular, to apply for positions.
This Agreement governs the access and use of the Platform and of the Service.
Kliber provides the User, free of charge, inter alia, with listings of job offers published on Kliber’s smartphone application and on Kliber’s website (hereinafter the “Platform”) by Employers (it being noted that “Employers” means in this Agreement any legal or natural person using the Platform in order to propose job offers to the Users) and the opportunity to get contacted by such Employers (hereinafter the “Service”).
The User expressly acknowledges and agrees that it may only access and use the Platform and the Service in compliance with the terms of this Agreement and any applicable law.
Kliber may modify the terms and conditions of this Agreement, in whole or in part, at any time. If Kliber makes material changes to it, the User shall be informed of such modification of this Agreement via an appropriate method of information, such as e-mail. Your continued use of the Service after we publish or send you a notice about our changes to this Agreement means that you are consenting to the updates included.
This Agreement, as modified, shall then be applicable to the access and use of the Platform by the User.
If the User does not wish to be bound by any modification of this Agreement, the User undertakes to immediately stop accessing and using the Platform.
Please read this Agreement carefully prior to accessing and/or using the Platform.
2. Proprietary rights
2.1 Kliber’s Intellectual Property Rights
Subject to the limited rights expressly granted to the User below, the User expressly acknowledges and agrees that Kliber holds and reserves all intellectual property rights in, to and in relation to the Platform, in particular but without limitation relating to trademarks, trade names, database rights, processes, software, patents, copyrights, designs, logos, calculations, algorithms and domain names (hereinafter “Kliber’s Intellectual Property Rights”).
The User is granted, for the duration of this Agreement, a limited, non-exclusive, non-transferable right to use Kliber’s Intellectual Property Rights for the sole and exclusive purpose of accessing and using the Platform under the conditions set forth in this Agreement.
The User agrees that it i) may not access or use the Platform in violation of any applicable laws, or of this Agreement, ii) may not give access to its Account (as defined below) to any third party, and/or iii) may not make derivative works incorporating any of the elements of, or reverse-engineer or decompile or try to access and/or modify in any way the source codes of any software protected by Kliber’s Intellectual Property Rights.
2.2 User Content
The User may post content on the Platform that may include data and/or information in text, image, audio and/or video or another format (hereinafter the “User Content”). The User owns the User Content that it submits or posts on the Platform in the course of its use of the Service and all related intellectual property rights remain vested in the User.
The User hereby expressly warrants that it holds all necessary rights to publish, submit and/or transmit the User Content and that it holds all necessary rights to grant Kliber the License on User Content (as defined below).
The User grants Kliber a non-exclusive, sub-licensable, transferable, worldwide and free-of-charge license to exploit the User Content for the legal duration of protection of intellectual property rights, including, inter alia, the right to use, sell, sub-license, reproduce, display, distribute, modify, create derivative works from or integrate in any way whole or part of any such User Content for the purpose of providing the Service without any further consent, notice and/or compensation to the User or any third-party (hereinafter the “License on User Content”).
The User shall defend, indemnify and hold Kliber harmless in the event of any Claim (as defined below) arising out of or related in any way to Kliber’s use of the User Content as set out above, or to the User Content that would derive from a violation of the User of the present Agreement or any applicable law or third party’s rights.
3. Data protection
The User expressly acknowledges and agrees that it has read and accepts the Privacy Policy available hereinafter that is incorporated herein by reference and that as such, forms part of this Agreement.
4. Account creation and Security
In order to access and use the Platform, the User must register to said Platform by creating an account (hereinafter an “Account”) that will be protected by a personal username and password (hereinafter the “User ID”).
In order to create an Account and use the Platform, the User agrees to provide true, accurate, up-to-date and complete information during the registration process, and to notify Kliber immediately of any changes thereof, in order for the registration data to be truthful, accurate, complete and up-to-date at all times.
The User acknowledges that its Account is strictly personal and that it may not create more than one Account in order to access and/or use the Platform, either with the same User ID or with a different User ID. You agree not to transfer any part of your Account.
The User is responsible for all access and use of the Platform made via its User ID, and is responsible for taking all appropriate measures to keep its User ID confidential.
Furthermore, the User undertakes to take all appropriate measures to prevent harmful agents or components from entering its systems and to prevent any unauthorized or unlawful or infringing access or use of the Platform through its User ID.
5. Use of the Platform
5.1 General features
The User acknowledges and agrees that while the purpose of the Platform is to provide the Users and Employers respectively with information regarding job opportunities and prospective applicants’ profile information, Kliber does not exercise any control or command of any nature on the information disseminated via the Platform, including on the User Content and on the Employer Content (it being noted that “Employer Content” means in this Agreement any content, information or data published on the Platform by Employers) (hereinafter the “Platform Content”) and as such:
- Has no obligation, nor does Kliber agree to conduct any systematic a priori screening, verification, modification, filtering or deletion of any nature or more generally, to conduct any kind of active action that may have an impact on the Platform Content;
- May not be held liable for any use of the Platform Content by the User or as regards the content, accuracy, correctness, completeness, reliability or availability of the Platform Content.
The User is solely responsible for its User Content.
The User may not i) use the Platform for any illegal (either under Luxembourg law or the law of residence of the User) or unauthorized purposes or, ii) access and use the Platform in order to build and/or make available in any way any similar or competitive Services, and/or iii) use the Platform to create, store or disseminate infringing or otherwise unlawful User Content (either under Luxembourg law or the law of residence of the User) or User Content that is in any way defamatory or libelous, obscene, offensive, either racially or otherwise, sexually explicit, threatening, hateful or User Content that violates third-party rights such as their right to privacy or their intellectual property rights.
In particular, while creating its profile, the User undertakes not to disseminate any User Content related to or promoting in any way illegal, illicit or immoral activities (for example, but without this list being limitative, the User may not create a profile promoting prostitution, pornography, use of firearms, religious propaganda, drug trafficking, racism, discrimination, terrorism, etc.).
In the event Kliber is notified by any User of Platform Content that is published on the Platform in breach of this Agreement, and in particular of this article 5, Kliber may, if such Platform Content is clearly published in breach of this Agreement and at its discretion, remove such Platform Content immediately and without notice, upon receipt of the information below, and in the conditions that follow.
Any User may notify Kliber of Platform Content that is published on the Platform in breach of this Agreement at the following e-mail address: [email protected] (hereinafter the “Notification”).
In order for a Notification to be analyzed by Kliber, the User shall provide Kliber with the following information:
- Its contact details (User ID, if any, name, first name, telephone number, e-mail address);
- The URL link of the Platform Content that is deemed published in breach of this Agreement or at least, a description of where the Platform Content concerned is located on the website Platform;
- A description of the Platform Content that is deemed published in breach of this Agreement;
- A description of the reason why the Platform Content is deemed published in breach of this Agreement.
Kliber shall then analyze any complete Notification and take any action it sees fit as regards the Platform Content as flagged in such Notification.
Kliber reserves the right to limit your use of the Service, including the number of your connections. Kliber also reserves the right to restrict, suspend, or terminate your account, as set out in article 6 below, if it believes that you may be in breach of this Agreement, any applicable law or are misusing the Service.
5.2 Sharing functionalities
- Sharing of Users’ profiles from an Employer to third parties
Employers having access to a User’s profile may share such profile with specific third parties (“Invitees”) for the purpose of requesting feedback on the profile. Such Invitees do not necessarily have an Account on the Platform.
The profile is sent by email to an Invitee who will have the possibility to view it by clicking on a link generated by Kliber and giving access to the User’s profile on the Platform.
Employers and Invitees have the possibility to comment such profile. Comments are not visible from other Employers or third parties. The Employer may withdraw the comments.
Kliber does not proceed with any a priori moderation on the content of the comments but undertakes to withdraw from the Platform, a posteriori, any comment that would be considered as illegal content in accordance with the Notification process and requirements set out under article 5.1.
- Sharing of User Content from the User
The User may decide to send its profile and User Content directly to any recipient of its choice and /or to share such content on a digital medium distinct from the Platform by using the Sharing option provided by Kliber.
Such profile or User Content will be visible from third parties on a link opening on a web-based portal and not on the Platform.
Users are responsible for deciding to share the link to their profile or any Content User and use third party apps or sites. Third party apps and sites have their own legal terms and privacy policies and Users may be given other permissions to use their information in ways Kliber would not. Except to the limited extent it may be required by applicable law, Kliber is not responsible for such other sites and apps, their provisions of services and their use of the content the User may decide to share.
6. Term and termination
This Agreement shall stay into force for an indefinite term as from the date of creation of an Account by the User.
Kliber may terminate this Agreement, without reason and without recourse to the courts, by written notice sent to the other Party via e-mail. This Agreement shall then be terminated following a one-month’ notice as from the date of said written notice, unless immediate termination is required by law or any competent authority.
The User may terminate this Agreement, immediately, without reason and without recourse to the courts, by deleting its Account.
Kliber shall be entitled to temporarily restrict, suspend the User’s Account or terminate this Agreement with immediate effect and without recourse to the courts and as such, to permanently delete the User Content and/or the User’s Account and as such, prohibit the User from accessing and using the Platform in the event the User breaches this Agreement and does not cure such material breach within five (5) days as from the date of notification of the breach by Kliber.
In the event of material breach of this Agreement, Kliber shall be entitled to suspend the User’s Account, remove the concerned User Content or terminate this Agreement with immediate effect as from the date of notification of such breach by Kliber to the User, without any notice whatsoever (including without any cure period), either express or implied, and without recourse to the courts and as such, to permanently delete the User Content and/or the User’s Account and as such, prohibit the User from accessing and using the Platform.
The User expressly acknowledges and agrees that any violation by the User of Kliber’s Intellectual Property Rights, any infringement by the User of the rights of any third party while accessing and/or using the Platform, or any dissemination of User Content that is related to or promotes illegal, illicit or immoral activities shall constitute a material breach of this Agreement.
In the event of termination for any reason, the User acknowledges that Kliber will be entitled to delete its Account and any User Content and that as such, the User may no longer access the Platform or any Platform Content.
The User acknowledges that in this event, Kliber shall have no obligation whatsoever to provide the User with a copy of any data, including the Platform Content or the User Content that may no longer be accessible to the User as a result of the termination of this Agreement.
7. Warranties, liability and limitations
7.1 Kliber’s warranties and disclaimer
Kliber warrants that it has the power and authority to enter into this Agreement.
The Platform is made available on an “as is” basis.
Kliber does not warrant that it will operate error-free or in an uninterrupted manner or that the Platform Content shall meet the User’s requirements or expectations or that it will fit any particular purpose.
In particular and as regards the Service provided via the Platform, the User expressly acknowledges and agrees that Kliber does not provide any warranty as regards any User successfully securing a position with an Employer.
7.2 User’s warranties and disclaimer
The User warrants that it has the power and authority to enter into this Agreement.
7.3 Liability and limitations
The User is solely responsible for obtaining, installing, maintaining and operating all adequate software (such as the Kliber application), hardware (such as its smartphone) or other equipment (such as obtaining an internet connection), necessary to access and use the Platform.
The User acknowledges that the internet is not a stable or secure environment. As such, Kliber may not be held liable for any defects or delays in the access or use of the Platform arising as a result of any problem associated with the internet.
Kliber shall not be liable towards the User for any indirect damage, in particular, but not limited to, damages resulting from the loss of data, reputation, opportunities, profits or revenues arising under or in connection with this Agreement, or from or in connection with the use of the Platform.
8. Indemnification
Notwithstanding article 2.2 above, the User agrees to defend, indemnify, and hold Kliber and its managers, affiliates and/or employees, harmless from and against all claims, suits, proceedings, losses, liabilities, damages, costs and expenses (including without limitation any legal fees) (hereinafter the “Claims”) made against or incurred by Kliber arising out of the User’s access and/or use of the Platform, of the Services or of the Platform Content if such access or use is made in breach of the User’s obligations under this Agreement, or in violation of any applicable laws or any third party’s rights, including but not limited to right to privacy and intellectual property rights.
In the event Kliber receives any Claim from a third party as specified above, Kliber reserves the right to discontinue the User’s access to the Platform, block the User’s access to its Account and/or delete all or part of the User Content within five (5) days from receipt of notice by Kliber of the existence of the Claim.
9. Miscellaneous
Applicable Law and Venue. This Agreement shall be governed and construed in accordance with the laws of the Grand-Duchy of Luxembourg. Any dispute arising out of or in connection with this Agreement which will not be resolved out of court will be subject to the jurisdiction of the competent Courts of Luxembourg.
Assignment. Kliber may assign, transfer or otherwise dispose of any of its rights or obligations under the Agreement to a third party.
No Agency. The Parties are independent contractors. Nothing in this Agreement shall be construed as creating any relationship of any sort between the Parties other than the one expressly provided by this Agreement, including without limitation any sort of partnership, joint venture, agency, or employment relationship.
Survival. Notwithstanding the termination of this Agreement for any reason, Articles 2 – Proprietary Rights, 3 – Data protection, 6 – Term and termination, 7 – Warranties, liability and limitations, 8 – Indemnification, and 9 – Miscellaneous of this Agreement shall continue in full force and effect following such termination.
Notices. All notices, demands and requests of the User to Kliber shall be made at the following address: [email protected]
All notices, demands and requests of Kliber to the User will be deemed given when sent by e-mail to the User’s e-mail address as specified by such User in its Account information.
Privacy Policy (Users)
1. INTRODUCTION
The terms and conditions of this privacy policy (hereinafter the “Privacy Policy”) apply to the processing of personal data performed by KLIBER S.A., a Société Anonyme incorporated under the laws of Luxembourg and registered with the Registre du Commerce et des Sociétés of Luxembourg under number B 192016, whose registered office is at 11, rue des Capucins in L-1313 Luxembourg (“Kliber”), in its capacity as data controller, in the context of the provision by Kliber to you, as a user (the “User”) free of charge, inter alia, with listings of job offers published on Kliber’s smartphone application and on Kliber’s website (hereinafter the “Platform”) by Employers (it being noted that “Employers” means in this Privacy policy any legal or natural person using the Platform in order to propose job offers to the Users) and the opportunity to get contacted by such Employers (hereinafter the “Service”).
The terms and conditions of the Service are set out in Kliber’s General Terms and Conditions (available above or at: http://www.kliberapp.com and http://www. recruiter.kliberapp.com) (hereinafter the “Terms and Conditions”).
In this Privacy Policy, the Users and Employers (as well as any natural person acting for, or on behalf of the Employers, personal data on whom are collected by Kliber in the conditions set out below) shall be collectively referred to as the “Data Subjects”.
Notwithstanding the foregoing, in this Privacy Policy, all capitalized terms shall have the same meaning as set forth in the Terms and Conditions, unless otherwise stated.
For the purpose of providing the Service, Kliber collects personal data within the following conditions.
Kliber may modify the terms and conditions of this Privacy Policy, in whole or in part, at any time. If Kliber makes material changes to it, the Data Subject shall be informed of such modification of this Privacy Policy via an appropriate method of information, such as e-mail. The continued use of the Service from the Data Subject after Kliber publishes or send a notice about the changes to this Privacy Policy means that the Data Subject is consenting to the updates included
By clicking on the “I have read and accept the Terms and Conditions” button, the Data Subjects expressly agree that they have read this Privacy Policy carefully, that they have understood its meaning and are thus perfectly informed of and expressly accept its content.
Additionally, by accepting this Privacy Policy, the Data Subjects expressly authorize Kliber and hereby consents to:
- the use of their Personal Data by Kliber for marketing and advertising purposes in relation to the provision of the Service and/or promotional activities as described in article 5 of the Privacy Policy; and,
- the transfer of their Personal Data to Employers and Invitees located outside the EEA.
2. PERSONAL DATA COLLECTED
When the Data Subjects create an Account in order to access the Platform and use the Service, Kliber asks the Data Subjects to provide, inter alia, the following information:
Kliber may also collect personal data of users surfing on Kliber’s website, such as these users’ IP addresses or information regarding the Users’ mobile device. For the purpose of this Privacy Policy, it is understood that such users are referred to as “Data Subjects” when relevant.
In this Privacy Policy, the personal data as mentioned above are referred to as the “Personal Data”.
3. USE OF PERSONAL DATA
Kliber uses the personal data collected for the following purposes:
Kliber’s Service may provide URL links towards third-party websites. Kliber is not responsible for the manner in which these third-party websites handle any personal data that may be disclosed to them. The Data Subjects are invited to refer to the appropriate third-party website’s privacy policy in order to verify how their personal data are used by such third-party website.
The Data Subjects’ Personal Data will not be shared with third parties, except as provided below.
- Transfers to third party providers:
Kliber may resort to data processors that are located inside or outside the territory of the Grand-Duchy of Luxembourg but within the European Union for Service optimization purposes (e.g., for IT outsourcing purposes).
- Transfers to Employers:
For the purpose of providing the Service, Kliber may disclose certain Personal Data related to Users that apply for a position with a given Employer to such Employer.
The User’s Personal Data as mentioned above shall only be disclosed to the Employer on a limited basis initially (i.e., educational history, professional background, name, date of birth, video presentation, if any).
Additional Personal Data related to the User may then only be disclosed to the Employer upon express consent of such User (i.e., telephone number, e-mail address, social networks contact details).
The User is informed that certain Employers may be located outside the territory of the Grand-Duchy of Luxembourg and in countries that do not offer a level of protection equivalent to the one granted in the European Union.
The User expressly consents to Kliber sharing its Personal Data in the conditions set out above with such Employers located abroad. Such consent may be withdrawn at any time by the Data Subjects by contacting Kliber as indicated in article 6.2.
- Transfers to third parties by an Employer requesting the feedback of the third-party on a job application:
Employers may share the User’s profile with Invitees, as described in article 5.2 of the General Terms and Conditions and only for the purpose of requesting feedback on the User’s profile. The profile will only be visible by Invitees provided that the Employer has provided them with a specific link to the profile on a private portal.
Invitees may be located outside the territory of the Grand-Duchy of Luxembourg and in countries that do not offer a level of protection equivalent to the one granted in the European Union.
The User expressly consents to Employers sharing its Personal Data in the conditions set out above with Invitees located in such countries. Such consent may be withdrawn at any time by the Data Subjects by contacting Kliber as indicated in article 6.2.
4. COOKIES
Cookies are small amounts of data sent on the Data Subjects’ and any Kliber website user’s browser and stored on their hard drive that may not allow identification of the party receiving the cookies, unless such party has already provided Kliber with personal information allowing such identification, e.g., by creating an Account.
Kliber uses cookies in order to provide the Data Subjects with a tailored experience while using the Platform.
In this regard, Kliber uses:
Kliber warrants that any information collected via these cookies will not be shared by Kliber with any third party, except, as the case may be, with data processors as mentioned in article 3.2 for the purpose of providing the Service.
The Data Subjects or any user of Kliber’s website may set their browser parameters in order to select the types of cookies they wish to receive or not receive from Kliber.
5. MARKETING PREFERENCES
Kliber may use the Data Subjects’ Personal Data to contact the Data Subjects to discuss the Service they have subscribed to or to send the Data Subjects information concerning Kliber and/or the Service and/or promotional activities via newsletters, messages, calls and letters to the e-mail address, telephone number or postal address provided by the Data Subjects.
By accepting this Privacy Policy, the Data Subjects thus expressly accept that Kliber uses the e-mail address, telephone number or postal address provided by the Data Subjects in order to contact the Data Subjects for the purposes above.
Except as mentioned in this Privacy Policy, Kliber does not use the Data Subjects’ Personal Data for any other kind of marketing or promotional purposes.
The Data Subjects may opt out of being contacted by Kliber at any time by using the opt-out link provided in any newsletter sent to the Data Subjects or by contacting Kliber in this regard at the following e-mail address: [email protected]
6. RIGHTS OF THE DATA SUBJECTS
6.1 Rights granted to the Data Subjects
The Data Subjects are granted with the following rights with regard to the processing of their Personal Data:
- the right to update or correct any of their Personal Data at any time by logging into their Account and by editing their personal information via the “settings” menu;
- the right to request access to the Personal Data stored by Kliber;
- the right to oppose to the processing of their Personal Data, on grounds related to their particular situation;
- the right to request from Kliber the erasure of the Personal Data, to the extent such Personal Data (i) is no longer necessary for the initial purpose(s) for which is was collected, (ii) consent has been withdrawn and there is no other means of legitimating the processing of Personal Data, (iii) the Data Subject has objected to the processing of the Personal Data, (iv) the Personal Data is unlawfully processed;
- the right to request the restriction of the processing of Personal Data, in the event such Personal Data is found to be inaccurate, unlawful, or should a court decision on a complaint lodged by the Data Subject be pending;
- the right to data portability;
- the right to withdraw consent given in the context of this Privacy Policy;
- in the event of a dispute between the Data Subject and Kliber with regard to the processing of Personal Data, which failed to be resolved by the parties in an amicable manner, the right to lodge a complaint with the Luxembourg data protection authority (the Commission Nationale pour la Protection des Données - CNPD).
Kliber undertakes to handle each request free of charge and within a reasonable timeframe.
6.2 How to exercise such rights
The Data Subjects can exercise the rights mentioned under article 6.1 above by contacting Kliber for any questions concerning this Privacy Policy either by email at the following address: [email protected] or by postal mail at the following address: KLIBER S.A. -11, rue des Capucins L-1313 Luxembourg.
7. PERSONAL DATA RETENTION
Kliber undertakes not to use the Personal Data for purposes other than those for which it has been collected and such information shall not be stored for a period longer than necessary for the realisation of such purposes.
8. MISCELLANEOUS
This Privacy Policy shall be governed and construed in accordance with the laws of the Grand-Duchy of Luxembourg. The courts of the judicial district of Luxembourg-City have exclusive jurisdiction in relation to any dispute arising out of or in relation with this Privacy Policy.
The terms and conditions of this privacy policy (hereinafter the “Privacy Policy”) apply to the processing of personal data performed by KLIBER S.A., a Société Anonyme incorporated under the laws of Luxembourg and registered with the Registre du Commerce et des Sociétés of Luxembourg under number B 192016, whose registered office is at 11, rue des Capucins in L-1313 Luxembourg (“Kliber”), in its capacity as data controller, in the context of the provision by Kliber to you, as a user (the “User”) free of charge, inter alia, with listings of job offers published on Kliber’s smartphone application and on Kliber’s website (hereinafter the “Platform”) by Employers (it being noted that “Employers” means in this Privacy policy any legal or natural person using the Platform in order to propose job offers to the Users) and the opportunity to get contacted by such Employers (hereinafter the “Service”).
The terms and conditions of the Service are set out in Kliber’s General Terms and Conditions (available above or at: http://www.kliberapp.com and http://www. recruiter.kliberapp.com) (hereinafter the “Terms and Conditions”).
In this Privacy Policy, the Users and Employers (as well as any natural person acting for, or on behalf of the Employers, personal data on whom are collected by Kliber in the conditions set out below) shall be collectively referred to as the “Data Subjects”.
Notwithstanding the foregoing, in this Privacy Policy, all capitalized terms shall have the same meaning as set forth in the Terms and Conditions, unless otherwise stated.
For the purpose of providing the Service, Kliber collects personal data within the following conditions.
Kliber may modify the terms and conditions of this Privacy Policy, in whole or in part, at any time. If Kliber makes material changes to it, the Data Subject shall be informed of such modification of this Privacy Policy via an appropriate method of information, such as e-mail. The continued use of the Service from the Data Subject after Kliber publishes or send a notice about the changes to this Privacy Policy means that the Data Subject is consenting to the updates included
By clicking on the “I have read and accept the Terms and Conditions” button, the Data Subjects expressly agree that they have read this Privacy Policy carefully, that they have understood its meaning and are thus perfectly informed of and expressly accept its content.
Additionally, by accepting this Privacy Policy, the Data Subjects expressly authorize Kliber and hereby consents to:
- the use of their Personal Data by Kliber for marketing and advertising purposes in relation to the provision of the Service and/or promotional activities as described in article 5 of the Privacy Policy; and,
- the transfer of their Personal Data to Employers and Invitees located outside the EEA.
2. PERSONAL DATA COLLECTED
When the Data Subjects create an Account in order to access the Platform and use the Service, Kliber asks the Data Subjects to provide, inter alia, the following information:
- Contact information such as name, first name, telephone number, e-mail address, company name of the Employer, etc.;
- Social network contact details;
- Pictures and videos;
- Information regarding a User’s professional background, such as its educational history, employment history, languages, etc.;
- Various information regarding a User, such as its publications, hobbies, etc.;
- When the Employers acquire the Service, additional information, such as billing information and address;
- Any information that may be contained in any document voluntarily posted by the User.
Kliber may also collect personal data of users surfing on Kliber’s website, such as these users’ IP addresses or information regarding the Users’ mobile device. For the purpose of this Privacy Policy, it is understood that such users are referred to as “Data Subjects” when relevant.
In this Privacy Policy, the personal data as mentioned above are referred to as the “Personal Data”.
3. USE OF PERSONAL DATA
Kliber uses the personal data collected for the following purposes:
- Identification and authentication of the Data Subjects when such Data Subjects access their Account;
- Providing the Service to the Data Subjects, e.g., providing Employers that are interested in contacting certain Users with information related to said Users;
- Billing purposes;
- Improving the quality of the Service provided;
- Market research purposes, e.g., measurements of traffic and usage trends;
- Marketing and advertising purposes in the conditions set out in Article 5 below;
- Complying with applicable laws and potential requests from competent authorities.
Kliber’s Service may provide URL links towards third-party websites. Kliber is not responsible for the manner in which these third-party websites handle any personal data that may be disclosed to them. The Data Subjects are invited to refer to the appropriate third-party website’s privacy policy in order to verify how their personal data are used by such third-party website.
The Data Subjects’ Personal Data will not be shared with third parties, except as provided below.
- Transfers to third party providers:
Kliber may resort to data processors that are located inside or outside the territory of the Grand-Duchy of Luxembourg but within the European Union for Service optimization purposes (e.g., for IT outsourcing purposes).
- Transfers to Employers:
For the purpose of providing the Service, Kliber may disclose certain Personal Data related to Users that apply for a position with a given Employer to such Employer.
The User’s Personal Data as mentioned above shall only be disclosed to the Employer on a limited basis initially (i.e., educational history, professional background, name, date of birth, video presentation, if any).
Additional Personal Data related to the User may then only be disclosed to the Employer upon express consent of such User (i.e., telephone number, e-mail address, social networks contact details).
The User is informed that certain Employers may be located outside the territory of the Grand-Duchy of Luxembourg and in countries that do not offer a level of protection equivalent to the one granted in the European Union.
The User expressly consents to Kliber sharing its Personal Data in the conditions set out above with such Employers located abroad. Such consent may be withdrawn at any time by the Data Subjects by contacting Kliber as indicated in article 6.2.
- Transfers to third parties by an Employer requesting the feedback of the third-party on a job application:
Employers may share the User’s profile with Invitees, as described in article 5.2 of the General Terms and Conditions and only for the purpose of requesting feedback on the User’s profile. The profile will only be visible by Invitees provided that the Employer has provided them with a specific link to the profile on a private portal.
Invitees may be located outside the territory of the Grand-Duchy of Luxembourg and in countries that do not offer a level of protection equivalent to the one granted in the European Union.
The User expressly consents to Employers sharing its Personal Data in the conditions set out above with Invitees located in such countries. Such consent may be withdrawn at any time by the Data Subjects by contacting Kliber as indicated in article 6.2.
4. COOKIES
Cookies are small amounts of data sent on the Data Subjects’ and any Kliber website user’s browser and stored on their hard drive that may not allow identification of the party receiving the cookies, unless such party has already provided Kliber with personal information allowing such identification, e.g., by creating an Account.
Kliber uses cookies in order to provide the Data Subjects with a tailored experience while using the Platform.
In this regard, Kliber uses:
- Session cookies that enable Kliber to process and memorize the Data Subjects’ transactions and requests during a given session on their Account. These cookies are necessary in order to use the Service;
- Persistent cookies that enable Kliber to remember the Data Subjects’ information in order to provide easier and more convenient access to the Service, tailored information, web content and promotional messages to the Data Subjects, and that are used for market research purposes.
Kliber warrants that any information collected via these cookies will not be shared by Kliber with any third party, except, as the case may be, with data processors as mentioned in article 3.2 for the purpose of providing the Service.
The Data Subjects or any user of Kliber’s website may set their browser parameters in order to select the types of cookies they wish to receive or not receive from Kliber.
5. MARKETING PREFERENCES
Kliber may use the Data Subjects’ Personal Data to contact the Data Subjects to discuss the Service they have subscribed to or to send the Data Subjects information concerning Kliber and/or the Service and/or promotional activities via newsletters, messages, calls and letters to the e-mail address, telephone number or postal address provided by the Data Subjects.
By accepting this Privacy Policy, the Data Subjects thus expressly accept that Kliber uses the e-mail address, telephone number or postal address provided by the Data Subjects in order to contact the Data Subjects for the purposes above.
Except as mentioned in this Privacy Policy, Kliber does not use the Data Subjects’ Personal Data for any other kind of marketing or promotional purposes.
The Data Subjects may opt out of being contacted by Kliber at any time by using the opt-out link provided in any newsletter sent to the Data Subjects or by contacting Kliber in this regard at the following e-mail address: [email protected]
6. RIGHTS OF THE DATA SUBJECTS
6.1 Rights granted to the Data Subjects
The Data Subjects are granted with the following rights with regard to the processing of their Personal Data:
- the right to update or correct any of their Personal Data at any time by logging into their Account and by editing their personal information via the “settings” menu;
- the right to request access to the Personal Data stored by Kliber;
- the right to oppose to the processing of their Personal Data, on grounds related to their particular situation;
- the right to request from Kliber the erasure of the Personal Data, to the extent such Personal Data (i) is no longer necessary for the initial purpose(s) for which is was collected, (ii) consent has been withdrawn and there is no other means of legitimating the processing of Personal Data, (iii) the Data Subject has objected to the processing of the Personal Data, (iv) the Personal Data is unlawfully processed;
- the right to request the restriction of the processing of Personal Data, in the event such Personal Data is found to be inaccurate, unlawful, or should a court decision on a complaint lodged by the Data Subject be pending;
- the right to data portability;
- the right to withdraw consent given in the context of this Privacy Policy;
- in the event of a dispute between the Data Subject and Kliber with regard to the processing of Personal Data, which failed to be resolved by the parties in an amicable manner, the right to lodge a complaint with the Luxembourg data protection authority (the Commission Nationale pour la Protection des Données - CNPD).
Kliber undertakes to handle each request free of charge and within a reasonable timeframe.
6.2 How to exercise such rights
The Data Subjects can exercise the rights mentioned under article 6.1 above by contacting Kliber for any questions concerning this Privacy Policy either by email at the following address: [email protected] or by postal mail at the following address: KLIBER S.A. -11, rue des Capucins L-1313 Luxembourg.
7. PERSONAL DATA RETENTION
Kliber undertakes not to use the Personal Data for purposes other than those for which it has been collected and such information shall not be stored for a period longer than necessary for the realisation of such purposes.
8. MISCELLANEOUS
This Privacy Policy shall be governed and construed in accordance with the laws of the Grand-Duchy of Luxembourg. The courts of the judicial district of Luxembourg-City have exclusive jurisdiction in relation to any dispute arising out of or in relation with this Privacy Policy.
