Términos y Condiciones
These terms and conditions for trabajago ehf., who owns www.trabajago.es,. (hereinafter the “Terms”) form an integral part of the agreement between the Company and trabajago ehf, a company incorporated under the laws of Iceland with its registered seat at Dalsel 25, IS-109, Iceland, Reg. No. 5302201760 (hereinafter “trabajago”).
By using any services provided by trabajago ehf, the Company declares that it has read, understood and agreed to the Terms in their entirety. No one can use trabajago without agreeing to the Terms. The person who agrees on behalf of the Company to the Terms represents that he/she is entitled to agree to the Terms on behalf of the Company and that the Company will adhere to the Terms in their entirety.
1.1. Unless otherwise provided in these Terms, the meaning of the bold words is as follows:
1.1.1. “trabajago” is a system that offers Users a simple and modern solution to view and monitor job advertisements, manage their own curriculum vitae and apply for available jobs that are advertised on the trabajago website www.trabajago.es (webpage for Danish market) and offers Companies a solution whereby they can advertise jobs, receive applications from Users, process applications and communicate with Applicants;
1.1.2. “Database” is a collection of any and all content arranged in a systematic or methodical way and individually accessible by electronic or other means, irrespective of the form of its expression, created by trabajago, in the meaning of Act no. 121/2000 Coll., the Copyright Act, as amended (the “Copyright Act”), especially the Database of job offers and Profiles on trabajago;
1.1.3. “Profile” is a User’s profile in trabajago system or a Company’s information page in trabajago system (on www.trabajago.es webpage for Denmark), which include all information about the User or the Company based on information provided by the User or the Company on the Social Media Account or registered by the User or the Company;
1.1.4. “Company” is a corporate body or individual employer who advertises jobs on trabajago system (on www.trabajago.es wepage) and receives applications from Applicants. The concept of a Company in the Terms also includes brands according to Article 4 hereof, unless explicitly stated otherwise, brands in this context mean persons who are conducting business enterprise, irrespective whether such persons operate under their own identification number or if they are a business entity with a corporate body;
1.1.5. “Applicant” is a User who has applied for a job through the trabajago system;
1.1.6. “User” is any individual who uses the trabajago system, irrespective of whether he/she has registered personal information or not; and
1.1.7. “Social Media Account” means any social media account of the User or the Company which the User or the Company used to provide data to their Profile (such as Facebook, Google or other).
2.1. Use of trabajago system for the Company consists of creating job advertisements, maintaining information about the Company, managing a job advertisement access system and a job application and processing system, and communicating with the Applicant, or any other interaction with trabajago.
2.2. All use of trabajago by the Company is limited to common and lawful activities and only for the Company’s recruitment needs. The Company is only permitted to access and use information pertaining to it or applications directed towards the Company. The Company is prohibited to attempt accessing and to use information directed towards other parties.
2.3. The Company is responsible for the lawfulness and correctness of all content added by the Company to trabajago. The Company is responsible for all errors, wrong dates and/or other definitions provided by the Company upon the creation of an advertisement.
who has access to all the Company service options offered through trabajago. They are as follows:
4.1. The Company is allowed to create an unlimited number of brands in the sense of this Article. Brands are persons conducting business that work in conjunction with the Company as a “mother company”, such as subsidiaries, affiliated companies or business entities within the Company. For each brand, various information must be provided such as a name, address, postcode and town/city, phone number, website etc. An image of each brand’s trademark must be uploaded with good resolution. The Company that registers the brands is responsible for the lawfulness of use and the validity of the information provided regarding the relevant parties and regarding the brand’s trademark.
5.1. When a User applies for a job offered by the Company with his/her Profile, the Company can receive various information regarding the Applicant such as his/her name, profile picture, email address, telephone number, date of birth, gender, “about” text, qualifications, work experience, links, language competency, attached documents and other skills specified by the Applicant along with documents which he/she has attached to his/her Profile. The Company can also request further information in the application process.
5.2. Applications are accessible in trabajago to Companies who receive them for 1 year after the Applicant has sent them the application unless the Applicant closes his/her trabajago Profile prior to that or withdraws his/her application from the specific Company. If the Applicant closes his/her Profile, it is equivalent to withdrawing the application and the information about the Applicant is removed from trabajago.
5.3. The Company and the Applicant can communicate with each other in the application processing system of trabajago. There, it is possible to send messages and the Company can offer the Applicant an interview and/or reject his/her applications. The Company is responsible for all communications that may take place between the Company and the Applicant, regardless of the used method of communication and whether they communicate through trabajago or not.
5.4. Solely the Company is responsible for the content of its employment contracts and for ensuring that the hiring of an employee takes place in compliance with all legal regulations, especially in compliance with applicable labor laws, laws on equality or laws regarding employment of children and juveniles.
6.1. The Company shall pay trabajago for the services provided by trabajago a price in the amount specified in the price list.
6.2. All prices indicated in any trabajago offer or price list are always without value added tax (VAT), unless it is explicitly stated otherwise next to a specific price.
6.3. trabajago may change the price at any time for convenience, subject to notifying the Company in advance. The change to the price shall be notified in a manner and term similarly to the change of the Terms.
6.4. Before the Company publishes the job advertisement, the Company has to complete the payment. The price for the services the trabajago has provided to the Company according to the price list and without VAT in accordance with applicable legal regulations. trabajago will charge the Company by kredit- or debit card, before the company publish the adverties. All Companies have to pay before the ad will be published with a credit card. trabajago will not keep information about the Credit Card in his database. trabajago ehf use Rapyd www.rapyd.is as an payment gateaway.
7.1. trabajago is the Company’s data processor in relation only to the information provided in the Company’s Profile about its employee whose personal information has been added to trabajago.
7.2. If the User decides to apply for a job with the Company, the Company becomes an independent data controller of the User’s personal data contained within the application and Profile. trabajago is not responsible for how the Company will process the Applicant’s personal data nor for fulfilling any data controller obligations of the Company toward the Applicant.
7.4. The Company is prohibited to copy information about Applicants from trabajago system into other systems and to use it for any other purposes than as part of the application process of the job for which the Applicant applied. The Company shall treat information about the Applicant with the utmost security and confidentiality and comply with Act no. 90/2018, on the Protection of Personal Data, as amended, and the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
8.1. trabajago is the maker of the Database and shall preserve all rights of the maker of the database in accordance with section 89 et seq. of the Copyright Act.
8.2. The Company is obliged to provide trabajago only with true, correct and complete information and register exclusively under its own business name, subject to Article 4 hereof.
8.3. The Company undertakes to communicate with Users and trabajago and overall use trabajago in a decent manner and in accordance with good morals. It is prohibited to spread hate speech, illegal or inappropriate content through trabajago. In case of doubt, trabajago at its sole discretion can decide whether any content is hateful, illegal or inappropriate and take appropriate action.
8.4. The Company is not allowed to:
8.5. The Company is required to notify trabajago of any safety deficiencies in trabajago that the Company has learned during the use of trabajago.
8.6. The Company, in order to prevent any breach into its Profile in trabajago, is also required to:
8.7. In the event of a defect of trabajago, the Company can contact trabajago via the contact section on trabajago’ website. trabajago or its authorized worker decides on the complaint without undue delay. The Company has been acknowledged and agrees that trabajago might take reasonable time depending on the type of service required to expertly assess the defect.
8.8. The Company hereby requests and authorizes trabajago to seek, extract and re-utilize all information related to the job offers of the Company placed in other databases, including any on-line databases, and place it into trabajago.
9.1. Confidential information of a party is any material, non-public, software or business or manufacturing-related information of that party, that is disclosed or made available to the other party, directly or indirectly, through any means of communication or observation in connection with the services provided hereunder. Confidential information also includes personal data processed hereunder.
9.2. For the purpose of this Article, the party providing its confidential information to the other party is referred to as the “providing party” and the party receiving the providing party’s confidential information is referred to as the “receiving party”.
9.3. The receiving party undertakes to maintain the confidentiality of all confidential information pertaining to the providing party and of security measures whose disclosure to an unauthorized person could endanger the security and confidential information of the providing party. Compliance with the obligation of confidentiality means non-publishing and non-disclosure of the providing party’s confidential information to any third party and using the providing party’s confidential information solely for purposes necessary for the cooperation of the parties concerning services provided hereunder.
9.4. Breach of confidentiality obligation shall not consist of the disclosure or usage of the disclosing party’s confidential information (i) with a prior written consent of the disclosing party; (ii) due to an obligation stipulated by a legal regulation or imposed by a public authority; (iii) if the receiving party had known the confidential information from other sources than from the disclosing party and it has not been acquired by a breach of confidentiality; (iv) to a consultant, auditor, legal representative or another partner of the receiving party provided that this person is bound to maintain contractual or legal confidentiality of the confidential information at least as stringent as stipulated in this Article; or (v) if necessary for the cooperation between the parties.
9.5. Notwithstanding anything in these Terms, the receiving party may disclose or use confidential information of the providing party only within the minimum necessary scope. In the event of exception under point (ii) of Clause 9.4. hereof and subject to Clause 12.4. hereof, the receiving party is also obliged to inform the disclosing party of such disclosure or usage without undue delay, unless in contradiction to the law.
10.1. In trabajago, information about the Applicant comes from the Applicant himself/herself and trabajago is in no way responsible for the validity, completeness or lawfulness of information about the Applicant. trabajago is also in no way responsible for the lawfulness, completeness or validity of other data that the Company receives from the Applicant or the communications between the Company and the Applicant.
10.2. trabajago is not responsible for infringement of rights of makers of other databases for using other databases in accordance with the Company’s instruction under Clause 8.8.
10.3. trabajago is not responsible for the application process or the results that the Company may get from using trabajago. The application process is entirely at the responsibility of the Company and all inquiries regarding the process will be directed to the Company. trabajago is not responsible for out-of-pocket expenses or any other loss which the Company may suffer if the Applicant decides to walk away from employment, an interview or a job offer.
10.4. trabajago is not responsible for ensuring that announcements from trabajago are without faults, that they are given in a timely fashion or that the Company receives them at all, however, trabajago will endeavor to achieve successful delivery of all announcements within the time required.
10.5. trabajago is not responsible for the content of job advertisements from Companies and for their lawfulness. trabajago is not responsible for errors, wrong dates and/or other definitions registered by the Company upon the creation of an advertisement.
10.6. trabajago is not responsible for the content of employment contracts or for ensuring that the hiring of an employee takes place in a lawful manner, e.g. in accordance with labor laws, laws on equality or the provisions of laws regarding employment of children and juveniles.
10.7. trabajago is not responsible for any inconvenience or damage that may occur due to malfunctions or flaws in trabajago, such as mechanical failure, technical failures, failures in software, system upgrades, flaws in operating systems, networks or telecommunications systems or due to trabajago being interrupted because of electrical power failures or interruptions or interference with telecommunications services.
10.8. The Company provides information to trabajago, e.g. information about the Company itself and about available jobs, at the Company’s own responsibility. trabajago is not responsible for damage that may occur due to a third-party acquiring information about the Company in trabajago by unlawful access, especially by means of hacking. Furthermore, trabajago is not responsible for the way in which the Applicant treats information or data that the Company provides to the Applicant during the application process.
10.9. The Company will provide its payment card information to a payment gateway provider in order to pay for the trabajago services and the payment gateway provider will provide trabajago with a unique identifier of the payment card information (called also “token”). The token can be also obtained from the direct payment provider of the Company based on which trabajago will charge the Company for using trabajago. trabajago does not have access to the Company’s payment card information or bank account information and is not responsible for any data breach or leakage of the Company’s payment card or bank account information.
10.10. trabajago is not responsible for force majeure events that may result in trabajago services being unavailable, for instance due to government decisions, natural disasters, strikes (including planned strikes) or lock-outs, revolts, riots, sabotage, terrorism or wars or any other similar events that cannot be prevented or controlled through normal actions on the part of trabajago.
10.11. At the time of failure or downtime of trabajago, it might be temporarily unavailable to the Company without right to any compensation.
10.12. The Company is aware of and accepts the limitations of liability as specified in this Article.
10.13. SHALL IN ANY CASE trabajago BE LIABLE FOR ANY DAMAGE TO THE COMPANY, THE PARTIES HAVE AGREED, AND THE COMPANY EXPLICITLY ACCEPTS, THAT trabajago SHALL ONLY PAY TOTAL DAMAGES UP TO EUR 3. THIS LIMITATION DOES NOT APPLY TO DEATH, BODILY HARM OR DAMAGES CAUSED INTENTIONALLY.
11.1. All content of the trabajago and trabajago website, such as design, texts, graphics, visual images, photographs, information, the trabajago’ trademarks, icons, computer programs, source codes, Databases and other intellectual property belongs exclusively to trabajago and/or its partners and subsidiaries and is protected by copyright and intellectual property protection laws. Unauthorized use, including copying, reproduction and/or distribution of this content, whether in part or in whole, may be against the law and prohibited without the permission of trabajago. By accepting these Terms and using trabajago, trabajago does not provide any license to the User or the Company to use the intellectual property in any way, except in the minimum scope necessary in order to apply for jobs or offer jobs through trabajago and manage the User’s or Company’s own job applications.
12.1. If the Company is found to be in material breach of the Terms and/or misuses trabajago in any way, trabajago reserves the right to immediately block the Company’s access to trabajago without notice and to put a ban on the Company’s Profile temporarily or indefinitely and/or delete the Company’s Profile. The same applies if the Company behaves in an unlawful or improper manner.
12.2. A material breach of the Terms is in particular if the Company:
12.3. trabajago has the right to remove without warning all hate speech, illegal and inappropriate content from trabajago.
12.4. Should a suspicion arise that the Company is acting in an unlawful manner, trabajago reserves the right to inform the relevant authorities. This does not constitute a breach of confidentiality under Article 9 hereof and does not require any notification to the Company.
13.1. trabajago is entitled to make changes to the Terms, especially with regard to changes of legislation in the area of personal data protection or labor law, technological advance, scope of trabajago services or changes in the prices of its suppliers, amongst others in the scope of required Profile data, pricing and payment conditions for the services provided hereunder, licensing and/or intellectual property rights, job application process or the scope of provided services hereunder. trabajago will announce a change of the Terms to the Company via its e-mail address and/or by a notification in the trabajago and by making the new Terms available on the trabajago’ website. Shall the Company not reject the change of Terms within 15 days following receiving the announcement by e-mail or through trabajago, whichever reaches the Company first, the Company accepts the changed Terms. Shall the Company reject the changed Terms within the foregoing period, the rejection constitutes a termination of the trabajago services with a 15 days termination period, during which the latest mutually agreed Terms shall apply.
14.1. The Company has the right to terminate the provision of the trabajago services by a written notice for convenience with a 15 calendar days’ notice period commencing from the date of delivery of the notice to the trabajago’ on its address specified in the contact section on trabajago’ website.
14.2. trabajago has a right to terminate the provision of the trabajago services for convenience with a 15 calendar days’ notice period commencing from the date when the Company received the notice of termination.
14.3. In the event of termination of the provision of trabajago services, for whatever reason, the Company is obliged to pay trabajago for all services provided by trabajago prior to the termination date.
14.4. Upon termination of the trabajago services, the Company’s access to trabajago will be blocked and the Company’s Profile and all its advertisements will stop being visible to Users in trabajago.
14.5. Clauses intended to be in effect even after termination of the trabajago services and this agreement survive the termination of the trabajago services and this agreement. Especially Clauses 1, 2.3., 5.4., 8.1., 8.3., 8.4., 9, 10, 14.5., 16, 17 and 18 survive the termination of the trabajago services and this agreement. The obligation of confidentiality in relation to confidential information provided and received prior to the termination of the trabajago services and this agreement lasts: (i) in case that the confidential information constitutes a trade secret until the confidential information ceases to be a trade secret under applicable legal regulations; (ii) in case of other confidential information for the duration of 3 years following the termination of the trabajago services and the agreement.
15.1. trabajago may transfer ownership of the trabajago in part or as a whole to a third party, along with the information which trabajago contains, without the agreement of the Company. The same applies to any form of legal transfer of ownership of trabajago. Transfer of ownership or any other legal transfer with regard to trabajago, in part or as a whole, has no effect on the Terms or the agreement with the Company with regard to its validity and effectiveness. If the legal transfer of ownership of trabajago occurs, any reference to trabajago in the Terms shall be regarded as a reference to the new owner of trabajago.
16.1. All rights and obligations arising out of the use or in connection with trabajago or the Terms are governed by Icelandic Law.
16.2. All disputes resulting from or in connection with the Terms and/or use of trabajago shall be finally decided by the courts of Iceland at the general court determined by the registered seat of trabajago.
17.1. The Terms have been drawn up in English, Spanish, Danish, Norwegian and German. All obligations of trabajago towards the Company related to the Terms and/or usage of trabajago shall be fulfilled in the English, Spanish, Danish, Norwgian and German language, at trabajago sole discretion. In case of discrepancy between the language versions, the English version shall prevail.
18.1. All communication between the parties shall be made in Icelandic, English, Spanish, Danish, Norwgian or German, in particular electronically, via the trabajago, e-mail or contacts available on the trabajago’ website contact section or disclosed by the Company on its Profile.
18.2. Shall any provision hereunder or any provision of law require an action to have written form, such form is withheld if the action is made by trabajago to the Company’s e-mail address with a simple electronic signature or through the trabajago.
19.1. The Terms are issued by trabajago and will remain effective from 1. 8. 2020.