Talentspotting Terms of Use & Privacy

Terms of Use for the Talentspotting Employee Referral Platform of Brainspotting Consulting SRL

Last updated on 05-06-2018

I. General Provisions

1. Scope/Terms

These Terms of Use, as published at the time of entering into a contract, govern the use of and orders for any and all services offered via www.talentspotting.com (the “Website”) in connection with our Talentspotting Recommendation Platform (the “Platform” or “Talentspotting”) as agreed between Brainspotting Consulting SRL, 6 Pitar Mos Str, Bucharest, Romania, and our customers (hereinafter referred to as “Customers”). Other terms and conditions as imposed by the Customer will only be recognised if they bear the signature of Brainspotting Consulting SRL.

The services we offer are strictly addressed to enterprises. For the purpose of these Terms of Use, we do not enter into contracts with consumers – natural persons.

The Customer shall be deemed represented by the persons opening and managing an online account on www.talentspotting.com (hereinafter the “Administrator”, “Administrators”). Administrators shall at the same time act as contact persons for Brainspotting Consulting SRL in managing the contract.

2. Later Amendments of these Terms of Use

Brainspotting Consulting SRL is entitled to adjust and complement these Terms of Use governing existing business relations to the extent that this is required due to changes in legislation or due to court rulings, or if other circumstances arise as would cause a more than insignificant imbalance in contractual relations. Such later amendments of these Terms of Use will take effect if the Customer does not object thereto within six (6) weeks from notification of the change. Brainspotting Consulting SRL will expressly indicate to the Customer at the beginning of such period for objection that tacit consent results in the acceptance of the contractual change and will give the Customer an opportunity for an express declaration of intent during such period. If the Customer objects within the deadline, both Brainspotting Consulting SRL and the Customer shall be entitled to immediate termination of the contractual relationship.

II. Conclusion of Contract and Subject Matter of Contract

1. Conclusion of Contract

By registering a business account via www.talentspotting.com (“Customer Account”), the Customer accepts these Terms of Use and enters into a contract for the use of the services provided on the platform and pays the corresponding fees (‘Talentspotting Contract’). Brainspotting Consulting SRL accepts this offer to enter into a contract by activating the Customer Account and signing a contract with us.

2. Subject Matter of Contract

The subject matter of the contract is the provision of access to the platform offering chargeable services for a defined term, as described below and in Section III in more detail.

Upon registration, the Customer will choose a Talentspotting domain (for example: ‘[Name of Customer].talentspotting.com‘). Brainspotting Consulting SRL reserves the right to block certain domain names and/or change them (on reasonable grounds).

The use of the platform is chargeable, as described in the Talentspotting contract signed by each Customer. The use of such Chargeable Services shall also be governed by these General Terms and Conditions of Business. Prior to entering into a contract for Chargeable Services, Brainspotting Consulting SRL will inform the Customer about the content of each Chargeable Service, prices and payment terms.

Customer shall keep the password for access to the private area strictly confidential and shall refrain from disclosing it to third parties. Customer will take appropriate and reasonable precautions to prevent third parties from becoming cognisant to its password. Customer Accounts cannot be transferred to other users/customers or other third parties.

III. Services and Performance

1. Description of Services

During the term of the contract, Talentspotting will offer the Customer a technical solution enabling Customer to access the platform described here online (the “Service“) and to use the platform functionalities under these Terms of Use and as described on the website.

Brainspotting Consulting SRL shall be entitled to change or update the Service (including the infrastructure, security features, technical configurations, applications etc.) during the term of the contract, i.a. to keep abreast of technologies, industrial practices and user behaviour. Such changes made by the Provider will not lead to a significant restriction of capability or availability of the Services provided.

a. General Provisions

Brainspotting Consulting SRL is offering Customers a web-based platform through which they can find suitable job candidates based on recommendations (hereinafter referred to as “Candidates”). In this context, Brainspotting Consulting SRL will merely make available the platform for the administration of the recommendation programme. Brainspotting Consulting SRL expressly declares that it will neither look for suitable candidates on behalf of the Customer nor guarantee that the Customer will indeed find a suitable job candidate for its enterprise.

b. Administration

Through its platform, Brainspotting Consulting SRL is facilitating the administration of job advertisements, recommendations and candidates.

c. Recommenders

Administrators may use the platform of Brainspotting Consulting SRL to invite “Recommenders” (employees of the Customer or selected third parties) to recommend candidates qualified for advertised job vacancies in the Customer’s enterprise. For this purpose, recruiters send invitations to join the platform to the Recommenders; these may then activate their own accounts, including access data. The activities of Recommenders (recommendation of a suitable candidate, publication of job vacancies by e-mail or in social networks such as Facebook, LinkedIn or Twitter, upload candidate CV) earn them bonuses in the form of points, which are visible to them in their private Leaderboard. Moreover, the Customer may reward them with a financial or a non-financial if the candidates they recommended are hired. Brainspotting Consulting SRL expressly declares that the payment of a bonus will be at the sole discretion of the Customer. Brainspotting Consulting SRL does not become a party to any agreement between the Customer and Recommenders. Furthermore, it is within the responsibility of the Customer to adhere to legislation in respect of social security contributions and taxes when paying out bonuses.

d. Candidates

Candidates may answer the Customer’s job advertisements by applying via the Talentspotting platform. This requires the candidate to have been informed of the job vacancy by a Recommender (e.g. via publication of the job vacancy on a social network).

2. Outsourcing to Third Parties/Subcontractors

Brainspotting Consulting SRL shall be entitled to outsource the performance of the contract or part thereof (e.g. platform hosting) to third parties/subcontractors. SLAs established with each third party/subcontractor will never come into conflict with Brainspotting’s SLAs to its customers.

3. Delayed Performance/Availability

Brainspotting Consulting SRL will not assume any liability in cases of delay in the performance of services due to force majeure and extraordinary and unforeseeable events which cannot be avoided by Brainspotting Consulting SRL even with the utmost care and diligence (including, without being limited to, strikes, orders by authorities or courts or cases where Brainspotting Consulting SRL is not correctly or properly supplied in spite of an adequate cover transaction). The Customer is authorising Brainspotting Consulting SRL to postpone performance of the service for such time as the obstacle to performance continues to exist.

IV. Customer’s Responsibilities/Obligations

Customer shall fulfil the obligations incumbent upon it for the provision of services and management of the contract.

1. Content of Information, Job Advertisements, Profile Design and other Obligations

Customer undertakes to upload truthful content and legitimate job advertisements exclusively, and to compile the information about the job vacancy posted on Talentspotting carefully and properly, and to deactivate or update, as the case may be, any content which is no longer current. Customer shall be exclusively responsible for the content and correctness of data and pictures transmitted.

Moreover, Customer’s obligations shall include, without being limited to:

the obligation to make timely payment of the agreed fees. Brainspotting Consulting SRL shall be refunded by Customer any and all costs incurred for any direct debit which is not honoured or returned;

the obligation to protect the user and access authorisations assigned to Customer or its users (in particular passwords) as well as of identification and authentication backups from third-party access and not to disclose these to unauthorised users;

the obligation to ensure that any and all industrial property right and copyright rules are observed (e.g. when third-party texts and data are uploaded to Provider’s server);

the obligation to obtain the consent of those concerned if the Customer collects, processes or uses personal data while using the platform and there is no statutory basis approving such collection, processing or use;

the obligation to refrain from the following unless authorised to do so: retrieving, or having retrieved by third parties, information or data, or interfering with programmes run by the Provider, or having third parties interfere with such programmes, or accessing data networks of the Provider;

the Customer is prohibited to save content whose provision, publication and use infringes legislation in force at the time or agreements with third parties. In particular, Customer undertakes not to transmit any data or pictures the content of which infringe the rights of third parties (e.g. personality rights, name rights, trademark rights, copyrights etc.) or violate legislation.

Brainspotting Consulting SRL will not verify data uploaded to the platform, nor will it run data quality, data compatibility and data accuracy checks. In the event that the Customer overwrites or deletes data, Brainspotting Consulting SRL will not be obliged to recover such data (if this is at all technically feasible).

2. No Misuse

The Customer undertakes only to use the services provided by Brainspotting Consulting SRL to the extent that this is lawful and permissible under these General Terms and Conditions of Business. Misuse will lead to the revocation of the right of use granted by registration. In the event that Brainspotting Consulting SRL becomes aware of misuse, it may deactivate the Customer’s Customer Account and terminate the Contract without notice. Previously paid fees, if any, will not be refunded in such case.

Misuse shall include, without being limited to, unlawful use, such as copyright infringements. Moreover, misuse shall be deemed to include the provision, dissemination or other exploitation of illegally acquired data as well as the dissemination or provision of data for unlawful purposes. In particular, misuse of the Services provided by Brainspotting Consulting SRL shall be deemed to include:

spamming,

sending and storing insulting, obscene, threatening or offending content or content which infringes third-party rights in any other way,

sending and storing viruses, worms, trojans as well as harmful computer codes, files, scripts, agents or programmes,

uploading programmes suited for disrupting, impairing or obstruct the operations of Brainspotting Consulting SRL,

attempting to gain unauthorised access to a Brainspotting Consulting SRL Service or the platform or individual modules, systems or applications or to grant such access to third parties.

3. Indemnification

The Customer undertakes to hold Brainspotting Consulting SRL harmless and indemnified of all claims by third parties, including reasonable or statutorily determined costs of defending its rights if such claims are based on Customer’s use of the platform and its content in breach of the contract or in a manner that constitutes platform misuse and/or unlawful platform use, or if this happened with Customer’s condonement or if such claims pertain to disputes under data protection, copyright or other legislation linked with platform use. If the Customer identifies or ought to identify such a breach or the risk of such a breach, it shall be obliged to inform Brainspotting Consulting SRL without delay. The Customer will support Brainspotting Consulting SRL in defending itself against such claims, such support including, without being limited to, the provision of any and all information required for such defence. The Customer is obliged to compensate Brainspotting Consulting SRL for any damage or loss caused by the successful enforcement of such claims by third parties.

V. Security and Availability

To the extent that is economically reasonable, Brainspotting Consulting SRL will use state-of-the-art security technology (e.g. encryption and password protection) when making the platform available.

For chargeable services/packages, the Parties agree on an annual average of 99% platform availability during the business hours of customer support (working days between 09:00 and 18:00 GMT+2h). If maintenance work is done during customer support hours and such maintenance work is announced in due time, maintenance shall be deemed available during these hours for the purpose of calculating availability time.

VI. Right to Platform Use and Requirements of Contractual Use

The Customer will be given the non-exclusive right to access the platform via telecommunications for Customer’s own internal business use; such use shall be in a proper manner and in conformity with the contract, and such right shall be granted for the term of the contract; Customer shall not be entitled to grant sub-licenses to such right of use, and Customer shall use the functionalities offered on the platform via a browser in accordance with the contract. Customer will not be granted any further rights, including rights to the software applications linked with the platform or to the operating software.

The Customer shall not be entitled to use the platform beyond the scope of contractual use. Without written approval, Customer shall in particular not be entitled to permit independent platform use to third parties, including its affiliates, external service providers, cooperation partners or subcontractors. Moreover, Customer shall in particular not be allowed to reproduce, sell or loan the platform for a defined term; this shall include a prohibition to let or lease out their platform.

If the use of the platform in conformity with the contract is impaired by third-party property rights without any fault of Brainspotting Consulting SRL, Brainspotting Consulting SRL shall be entitled to refuse the provision of the services concerned. Brainspotting Consulting SRL will inform the Customer thereof without delay and facilitate access to Customer’s data in an appropriate manner. In such case, Customer will not be obliged to continue making payments. Other entitlements or rights of Customer shall remain unaffected.

VII. Term of the Contract

The standard contract term is 12 months. If the parties agree to another contract term when entering into the contract, this will be specified in the contract. The contract shall be extended by the same term if it is not terminated in writing by the Customer or Brainspotting Consulting SRL in a timely manner as per the end of a month subject to a period of notice of thirty (30) days.

Upon deletion of an Account, any job advertisements as may still be active will be deactivated and related data will be permanently erased after a period of 30 days.

The statutory right to termination without notice for cause shall be unaffected by this clause. One cause entitling Brainspotting Consulting SRL to terminate the contract without notice is misuse as defined in Clause 4 of this contract.

VIII. Payment Terms

Apart from the Terms and Conditions of Payment published on the website, the following shall apply to Services:

1. Prices

Any and all prices stated are net prices subject to statutory value-added tax at the applicable rate.

2. Usage Fee

The Customer shall be obliged to pay a usage fee to Brainspotting Consulting SRL for selected chargeable packages. Such fee may be charged monthly or annually. The amount payable is subject to the price list of Brainspotting Consulting SRL applicable at the time of the order.

3. Usage Fee Adjustment

Brainspotting Consulting SRL shall be entitled to adjust the usage fee and/or the price list relating thereto in the event that the contract term is extended. Brainspotting Consulting SRL will give the Customer three (3) months’ advance notice of any usage fee adjustments.

5. Account Suspension in Case of Default

In the event that Customer is in delay with payments, Brainspotting Consulting SRL shall be entitled to suspend Customer’s access and all user accounts on the platform of Brainspotting Consulting SRL until all outstanding payments have been made. The Customer shall not be entitled to any setoff unless related claims were confirmed by court and are final and unappealable, or if related claims were recognised by Brainspotting Consulting SRL in writing.

IX. Warranty

Brainspotting Consulting SRL warrants (in respect of chargeable Services only) that the quality of the Services is essentially as agreed upon but not that (i) the Services are rendered free from error or disruption and that (ii) the Services function in combination with any and all content, applications or systems of Customer or with any other hardware and software or systems or data. Moreover, Customer acknowledges that Brainspotting Consulting SRL does not control online data transmission and that the Services could be subject to restrictions, delays and other problems with Brainspotting Consulting SRL not being responsible for delays or other damage or loss caused by such problems. Brainspotting Consulting SRL is not responsible for errors arising from content or applications of the Customer or third parties.

Customer shall inform Brainspotting Consulting SRL of any Service breakdown without delay, and no later than after two (2) weeks via customer support. Fault reports sent through this channel shall contain any and all relevant information for Brainspotting Consulting SRL to reproduce and eventually remove the essential fault.

In the event that Customer has used Services of the platform and that the breakdown was reported properly and proof thereof was furnished, Brainspotting Consulting SRL shall provide to the Customer, at the latter’s discretion, a new, fault-free version if this is reasonable for the Customer, or to remove the fault otherwise. If such troubleshooting fails finally after a reasonable period of grace has been set by the Customer, Customer may opt to reduce consideration or terminate the Service.

X. Liability

Brainspotting Consulting SRL will only assume any liability for damage or loss demonstrably caused by itself or one of its legal representatives or vicarious agents with premeditation or gross negligence.

In any event, Brainspotting Consulting SRL will only assume liability in an amount that is equivalent to the foreseeable damage or loss typical for the type of contract; any damages or other claims whatsoever asserted against Brainspotting Consulting SRL shall be limited to the amount invoiced or, for lack thereof, to the usage fee for the term of the contract (in the event of contracts for an unlimited period, this shall be defined as a cumulative annual usage fee). The abstract definition of the term “essential contractual obligations” relates to obligations the fulfilment of which make the proper performance of a contract possible at all and the parties to the contract can rely on as a rule. Any liability beyond this is excluded.

Liability for indirect damage, such as lost profits, expenses arising from a disruption of business operations, data loss or third-party claims, incidental damage or consequential damage caused by a defect will also be excluded.

Claims for damages will become statute-barred as stipulated by law, and no later than one year after the damage or loss and the party causing the damage have become known.

XI. Data Protection

The Customer shall be responsible for reviewing and adhering to the data protection legislation applicable to the collection, processing and use of its data in the framework of the Services, and to safeguard the rights of those concerned to information, correction, blocking or deletion. The parties will enter into a separate contract data processing agreement in respect of data use.

XII. Final Provisions

Contracts shall be governed by the laws of Romania to the exclusion of the United Nations Convention on the International Sale of Goods. The courts in Bucharest (Romania) shall have exclusive jurisdiction in any and all disputes arising from and in connection with such contracts.

Amendments and additions to contracts shall be done in writing to be valid. This shall also apply to amendments to this paragraph.

The Customer will not be entitled to assign contracts or rights and obligations under contracts, including the use of the Services wholly or partly to third parties without the prior written consent of Brainspotting Consulting SRL.

In the event that a provision of a contract is or becomes ineffective or unenforceable, or in the event of lacunae in a contract, the effectiveness and enforceability of the remainder of the contract shall be unaffected. The lacuna or ineffective or unenforceable provision shall be replaced by a provision which is as close as possible to the intended and economic purpose which the parties aim at.


Brainspotting Privacy Policy

Who are we?
We are Brainspotting – the first recruitment agency in Romania specialized in IT&C recruitment, www.brainspotting.ro.  

The operator of the Brainspotting website, Brainspotting SRL, registered in Romania, with Company Registration Number RO 14217477 and having its registered office address at 6 Pitar Mos Street, 6th Floor, Bucharest ("We", "Us", “Brainspotting”) is committed to protecting your personal data.

Who does it apply to?

This Privacy Policy applies to the personal data of all our Website Users (logged-in or unregistered), Customers and Suppliers.

Website Users are defined as any and all individuals who access Brainspotting, either while they are logged into or not logged into their accounts.

Customers are defined as our customers, clients, and others to whom Brainspotting provides services in the course of its business.

What personal data processing do we perform?

Type of personal data

1. Personal details (name, address, email, phone, birthdate), Photos
   Processing Scope: User / candidate admin, Online services
   Legal basis: Contract implementation (Terms and conditions)
  Storage period: 10 years
  Potential data transfer: Clients, Sendgrid / Mailchimp
2. Personal details (name, address, email, phone, birthdate), Photos
   Processing Scope: Direct marketing 
   Legal basis: Operator legitimate interest (marketing)
   Storage period: 10 years
   Potential data transfer: Clients, Sendgrid / Mailchimp
3. Data regarding the behavior, preferences and performance
   Processing Scope: User / candidate admin, Online services 
   Legal basis: Contract implementation (Terms and conditions)
   Storage period: 10 years
   Potential data transfer: Clients
4. Data regarding the behavior, preferences and performance
   Processing Scope: Direct marketing 
   Legal basis: Operator legitimate interest (marketing)
   Storage period: 10 years
   Potential data transfer: Clients
5. IP addresses
   Processing Scope: User / candidate admin 
   Legal basis: Contract implementation (Terms and conditions)
   Storage period: 1 year
   Potential data transfer: n/a 
6. Location data
   Processing Scope: User / candidate admin 
   Legal basis: Contract implementation (Terms and conditions)
   Storage period: 1 year
   Potential data transfer: Sendgrid / Mailchimp 

How do we collect information from you?

Depending on your role in our relationship with us, we collect information from you directly or from other sources.

1.     Information we collect directly

# We collect and process some or all of the following types of information from you:

     # Information that you provide in our email exchanges, or by requesting further information or support.

     # If you contact Us, we may keep a record of that correspondence.

     # If you download any material from our site.

# We may also ask you to complete surveys that We use for research purposes, although you are under no obligation to respond to them.

# Details of all actions that you carry out through the Website and of the provision of services to you.

# Details of your visits to the Website including, but not limited to, traffic data, IP, weblogs and other communication data, the site and/or the person that referred you to our site and the resources that you access.

When you register to use our Services you will be required to provide your full name and e-mail address and/or your place of work on the subdomain of the company that you work for or wish to apply to. We will inform you whether you are required to provide information to us at the point of collecting information from you.

2.     Information we collect from other sources

We also obtain personal data from other sources, such as:

# Information in your CV or professional profile, which you made public on job sites or LinkedIn

# names and contact details of individual contacts from public sources, such as social networks, company websites and other online sources.


Where do we store your personal data?

The data that We collect from you and process as a result of your use of the Services may be transferred to clients for which we provide recruitment and selection services (with your consent) or to a destination outside the European Economic Area ("EEA") as a result of our collaboration with third-party email marketing providers. By submitting your personal data, you agree to this transfer, storing or processing.

In particular, your data may be accessible to SendGrid. A Data Processor Agreement has been signed between Brainspotting SRL and each of its data processors. These Data Processor Agreements that are designed to help safeguard your privacy rights and give you remedies in the unlikely event of a misuse of your personal data.

If you would like further information please contact Us (see ‘Contact’ below). We will not otherwise transfer your personal data outside of the EU or to any organization (or subordinate bodies) governed by public international law or which is set up under any agreement between two or more countries.

RESPONSIBILITY

As grounded in GDPR, we take responsibility for:

# In respect of the personal data of business contacts and prospects of Brainspotting, the Data Controller is Brainspotting SRL;

# In respect of the personal data of candidates who apply for, or who are Customer of Brainspotting contacts in respect of, a Job (as the term is described in Brainspotting’s Terms) (“Candidates”) Brainspotting shall process personal information as a data processor on behalf of its Customers, who use Our Services to assist with their recruitment processes. Where you apply for a role with one of Brainspotting’s Customers, our Customer’s privacy policy, rather than this Privacy Policy, will apply to our processing of your personal information.

In other words, if you visit our website or come into contact with us having registered an account on Brainspotting or through email correspondence, in your capacity as prospective Candidate or Customer or Recommender or Supplier, we bear full responsibility for your personal data.

 Your rights

Under the General Data Protection Regulation, you have a number of important rights free of charge.

1. Right to object: If we are using your data because we deem it necessary for our legitimate interests to do so, and you do not agree, you have the right to object. We will respond to your request within 30 days (although we may be allowed to extend this period in certain cases). Generally, we will only disagree with you if certain limited conditions apply.

2. Right to withdraw consent: Where we have obtained your consent to process your personal data for certain activities (for example, for profiling your suitability for certain roles), or consent to market to you, you may withdraw your consent at any time.

3. Data Subject Access Requests (DSAR): You have the right to ask us to confirm what information we hold about you at any time, and you may ask for the information to be modified, updated or deleted.

4. Right to erasure: In certain situations (for example, where we have processed your data unlawfully), you have the right to request us to "erase" your personal data. We will respond to your request within 30 days (although we may be allowed to extend this period in certain cases) and will only disagree with you if certain limited conditions apply. If we do agree to your request, we will Delete your data but will generally assume that you would prefer us to keep a note of your name on our register of individuals who would prefer not to be contacted. That way, we will minimize the chances of you being contacted in the future where your data are collected in unconnected circumstances. If you would prefer us not to do this, you are free to say so.

5. Right of data portability: receive the personal data concerning you which you have provided to Us, in a structured, commonly used and machine-readable format and have the right to transmit that data to a third party in certain situations

6. Right to lodge a complaint with a supervisory authority: You also have the right to lodge a complaint with your local supervisory authority.

If your interests or requirements change, you can unsubscribe from part or all of our marketing content (for example job role emails or Brainspotting newsletters) by clicking the unsubscribe link in the email.

If you would like to exercise any of these rights, please:

# contact us using our Contact details below

# let Us have enough information to identify you,

# let Us have proof of your identity and email address.

# let Us know the information to which your request relates.

How can you lodge a complaint?

We hope that We can resolve any query or concern you raise about our use of your information.

The General Data Protection Regulation also gives you the right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in Romania is Autoritatea Na?ional? de Supraveghere a Prelucr?rii Datelor cu Caracter Personal who may be contacted at http://www.dataprotection.ro/?page=contact&lang=ro.


Changes to our privacy policy

We reserve the right to modify this Privacy Policy at any time. Any changes we may make to our Policy in the future will be notified and made available to you using the Website. Your continued use of the Services and the Website shall be deemed your acceptance of the varied Privacy Policy.


IP Addresses and cookies

We may collect information about your computer, including, where available, your IP address, operating system and browser type, for system administration, customer support and to collect aggregate information for internal reporting purposes.

In addition, our Website uses cookies. A cookie is a small file of letters and numbers that we put on your computer if you agree. These cookies allow us to distinguish you from other users of the Website, which helps us to provide you with a good experience when you browse our Website and also allows us to improve the Website.

The cookies we use are "analytical" cookies. Some of the common uses for our cookies are as follows:

# to recognize and count the number of visitors and to see how visitors move around the site when they are using it. This helps us to improve the way our Website works, for example by ensuring that users are finding what they are looking for easily.

# to identify and authenticate a user across different pages of our Website, within our own Website, in a session or across different sessions. This is so that the user does not need to provide a password on every page the user visits; and

# to be able to retrieve a user’s previously stored data, for example, information that the user previously submitted to the Website, so as to facilitate reuse of this information by the user.


How can you contact us?

All questions, comments and requests regarding this Privacy Policy should be addressed to dpo@brainspotting.ro

Updated: 01.08.2018