General Terms and Conditions
- The Profesia, spol. s r.o. Company, registered seat Pribinova 19, 811 09 Bratislava, Company Reg. No. 35800861, registered in the Register of Companies of the District Court in Bratislava I, section: Sro, insert nr..: 22949 / B (hereinafter referred to as the “Operator”) is the operator of the internet site www.profesia.sk (hereinafter referred to as the “Website”) and the provider of services on the Website.
- The Operator has issued these General Commercial Terms and Conditions of the Profesia, spol. s r.o Company (hereinafter referred to as the “GTC”) that regulate the rights and obligations of the Operator and of third parties related to providing and using the services of the Operator. The GTC are an integral part of the contract entered into with the Operator and are binding for all users of the Services.
- The Operator’s activity does not constitute recruitment services against remuneration under the Act No. 5/2004 Coll. on recruitment services and about changes and additions of some Laws as amended.
- For the purposes of the GTC and for the creation, change and termination of a legal relationship between the Operator and the Client or Job Seeker, the following terms shall be interpreted as follows:
Client is a physical or legal entity using or planning to use the services provided in the Website, especially for the purposes of finding a suitable employee.
A Job Seeker is exclusively a natural person using the services provided on the Web Site with the intention of finding a suitable job opportunity.
A CV is a summary of information about the Job Seeker.
The Operator’s CV Database is a database containing the CVs created and/or published by Job Seekers.
Services are products provided by the Operator to the Clients and Job seekers, especially through teh Web page.
Price List is a list containing prices for Services that the Opearator provides to his Clients.
Job or Temporary Job is an advertisement posted by the Clients on the Web site for the purpose of finding a suitable employee, it presents a concrete type of Service provided on the Web page. For the posting of a temporary job the regulations GTC stating the conditions of posting a Job are valid, unless the parties have explicitly agreed to other terms.
Regulation is the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC on the protection of personal data (hereinafter referred to as the “Regulation”).
The Law is Act Nr. 18/2018 on Data Protection (hereinafter referred to as the „Act“).
Services provided to Job seeker
- Job seeker is a natural person, who is looking for a suitable job with the help of services provided to Job seekers. Services that the Operator provides for Job seekers ate free of charge and serve as assistance when looking for a suitable job opportunity through the Web site. To use the Services provided for the Job seekers, it is necessary to register on the Web site. The Job seeker registers by entering any login email
and login password. The jobs seeker can cancel his/her registration anytime by sending an email message to the Operator with the expression of his/her will to cancel the registration.
- Among Services provided for Job seekers belongs especially the possibility through the Web site to:
- Respond/react to a posted Job. The Job seeker is entitled to react to a Job on the Web page; this Service is also available to registered job seekers on the Web page. This service is only for the Job seekers, therefore the Operator reserves the right not to enter into any legal relation with personal agencies and to limit their unallowed activities through the Web page.
- Create an alert on the Web page for looking up Jobs posted on the Web page that on the basis of the searching criteria entered by the Job seeker sends relevant jobs on the email address that he had entered.
- Save and make accessible/available the CV in the Operator's CV Database, through an online form filled in on the Web page or through a printed out form delivered on the Operator's address. The Operator reserves the right to modify the CV to conform to the format and methods customary in filling out forms. The Operator also reserves the right not to make accessible/available or to delete a CV from the Operator's CV database that doesn't contain sufficient information for looking up a job opportunity or that contains in the Operator's opinion irrelevant information or data not relevant to looking up a job opportunity (eg.: political and religious opinions, advertisement, vulgar expressions, etc.); about this decision the Job seeker to whom the CV concerned applies is informed by the Operator.
- Take part in discussions taking place on the discussion forum on the Operator's Web page.
- Archive sent responses (reactions) to Jobs posted on the Web page.
- Ask for references from former employers or other in advance not defined persons and to evaluate anonymously a selecition process with the Operator's Client.
- Among services provided by the Operator belongs also the possibility to post a job or a temporary short-term job on the Website. Jobs and temporary shor-term jobs are posted by Clients (Business partners). The job seeker is entitled to react to Jobs/Temporary Short-term Jobs posted on the Website. Profesia, spol. s r.o. archives responses sent byJob Seekers as a reaction to jobs posted on the Website.
- Answers on the Website to published job adverts archived by Profesia, spol. s r.o. contain data considered Personal Data under the Regulation and the Act. Therefore, such Personal Data may only be processed with the consent of the Concerned Party. Before sending an answer or a response to a job advert or a short-term temporary job offer, the Concerned Party declares that all provided details are true and then grants their consent to the processing of their personal data by Profesia, spol. s r.o. and its Business Partner that published the specific job advert.
- The purpose of the processing of this Personal Data is to provide assistance to the Concerned Party as a Job Seeker to find a suitable job. Profesia, spol. s r.o. archives the answers sent by Job Seekers to job adverts posed on the Website. Consent is granted for a period of 3 years. After a period of 3 years, the Personal Data will be made anonymous and used for statistical purposes only. A Job Seeker may work with (e.g. review, re-use, re-send, etc.) the answers to reactions sent to a Business Partner during this period using their registered account created on the Website.
- The period of three years is considered the time in which no significant changes are expected with respect to the Job Seeker’s qualifications and prerequisites and qualification requirements for a specific job. The three-year period was also defined based on HR-specific knowledge and expertise.
- Responses to a job or shor-term job posted on the Website contain: at least one contact detail (email or phone), the highest achieved education, defining sex (solely for the purposes of statistic processing). Entering any other details in the response or reaction to a job or temporary shor-term job depends on the decision of the Job Seeker concerned; the company Profesia, spol. s r.o. does not require entering any other data. The company Profesia, spol. s r.o. does not in any case require from Job Seekers entering data belonging to the special category of personal data defined in article 9 of the Regulation or § 16 of the Law.
- The Concerned Party sends its CV with all attachments to the Client and grants its consent to the Client to the processing of their personal data for inclusion in the Client’s selection process via the Website. The selection process is not only a process for selecting a person for a published job position, but the Client's ability to process the personal data of the applicant during the period specified in the personal data processing agreement for the Client and, if contacted, for the selection procedure for another suitable job position. The consent to the processing of personal data is editable at the request of the Client; the editing of consent for the processing of personal data is subject to approval by the Operator.
- Among services offered to Job Seekers belongs also the possibility to create a CV through an on-line form filled in on the Website or through a print out form sent the address of the company Profesia, spol. s r.o. and make it accessible/available in the CV Database for Business partners of the Company Profesia, spol. s r.o.
- CVs stored in the CV Database include data classified as Personal Data under the Regulation and the Act. Therefore, such Personal Data may only be processed with the consent of the Concerned Party. Before saving the CV the Concerned Party declares that all disclosed Personal Data is true and grants its consent to Profesia, spol. s r.o. to process its Personal Data.
- The purpose of the processing of this Personal Data is to provide assistance to the Concerned Party as a Job Seeker to find a suitable job. Profesia, spol. s r.o. is authorised to disclose/provide the Personal Data contained in the Concerned Person’s CV to its Business Partner based on the consent of the Concerned Party and for the purposes disclosed in the previous sentence.
- The Personal Data contained in the Concerned Party’s CV is disclosed/provided to a Business Partner over the Internet via the Website for a period of 3 months from the date of consent to such processing of their personal data. After the expiration of this period, the Personal Data contained in the CV shall not be made accessible and will remain stored in the CV Database in case the Concerned Party once again discloses/provides this data.
- After the expiration of the 3-year period since the last Job seeker's login into his/her registration created on the Website www.profesia.sk the data in the CV database will be definitely anonymised and further used only for statistic purposes. The accessibility/availibility of the CV can be terminated or renewed anytime based on the decision of the Person Concerned. On the basis of a written request of the Person Concerned Profesia spol. s r.o. is obliged to definitely remove the Personal Data.
- CVs stored in the CV Database include: at least one means of contact (email address or phone number), highest level of completed education, specification of the field and job they are interested in, the definition of a location in which they are looking for a job, the type of employment sought, and gender (exclusively for the purposes of statistical processing). A Job Seeker alone decides what other data to provide in a CV; Profesia, spol. s r.o. does not require that any other information be provided. Profesia, spol. s r.o. in no way requires that a Job Seeker disclose any data considered a special category of personal data as defined in Article 9 of the Regulation or §16 of the Act.
- When offering services the company Profesia, spol. s r.o. and also the Client (Business Partner) have the position of the Operator, they deal with the Concerned Party independently and in their own name. This is without prejudice to the right of the Job Seeker as the Concerned Party to exercise his rights under the Regulation or the Act with each operator and against each operator.
- The purpose of the personal data processing for the Clients is „Finding a suitable employee“. The Client is not entitled to use the personal data obtained through the Website for another purpose.
- Profesia spol. s r.o. provides through the Website the information according to Article 13 of the Regulation and § 19 of the Act to the Concerned Parties. The legal basis for the personal data processing for Profesia, spol. s r.o. is the consent of the Concerned Party.
- After obtaining personal data the Client is obliged to fulfill his liability to notify the Concerned Party according to Article 14 of the Regulation and § 20 of the Act.
- Information concerning the contractual relationship between Profesia spol. s r.o. and the Client are published on the website and they are publicly accessible to Persons Concerne
- Posting a Job. After a successful registration the Client is entitled to post a Job on the Web page. The Job is posted according to following rules:
- The Client himself posts the Job and defines its contents, the Job must contain at least the minimum criteria stipulated by the Opearator.
- The Operator reserves the right to modify the Job, so that it would to conform to the format and methods customary in filling out forms on the Web page.
- The Client defines the time of posting the Job. The time span selected by the Client must conform to the valid Price List of the Operator posted on the Web page.
- The Operator reserves the right not to post or to cancel the already posted Job:
- That is contrary to the legal code of the Slovak Republic, the ethical norms or good manners,
- In which the Client requires a manipulation fee or any other type of fee for arranging the job and/or for being accepted into a job,
- Presenting more jobs within one form for a job (it means within one Job),
- That is incmplete or confusing or that contains false data or out of other reasons decreases the niveau of Services provided on the Web page,
- With advertising or marketing contents or information about the products or the Services of the Client or of a thir party,
- That can harm the good reputation of the Operator or of a thir party,
- Of erotic nature, or raising suspicion that it could be such type of job,
- Duplicate posted by one Client on the Web page,
- That contains a job opportunity based on the MLM (multilevel marketing) or door-to-door sales.
- The Client authorizes the Operator that he in accordance with § 62 section 6 Act Nr. 5/2004 on employment services as amended announces a job opening and its characteristics to the Office in whose district the job opening is located; in accordance with an agreement concluded by the Operator in writing with the Department of Labor, Social Affairs and Family.
- Access to the Operator's CV Database. The Operator enable the Clients a protected access to the Operator's CV Database. In legitimate cases, especially in case of new Clients, with whom there might be in the Operator's opinion a risk of misuse of the Job seekers' data entered in the Operator's CV Database, the Operator is entitled to limit or to refuse their access to the Operator's CV Database. The Client is entitled to use the data acquired from the Operator's CV Database about the Job seekers only for the puproses of finding a suitable employee.
- Posting a Client's logo on the front page of the Web page.
- Posting advert banners.
- Posting advertising information in the central and direct mailing.
- Executing of specialized solutions for posting Job offers about Client's vacancies (especially graphic design).
- HR application Mark.
- Other advertising products according to the valid Price list.
- To use any Services the Client is required to have a registration on the Website. The registration will be accomplished through the registration form. By completing successfully the registration the Client creates his own online account that is protected by a unique login name and password. The Client is obliged to protect his login name and password from misuse and he must not disclose them to third parties.
- The Operator's services are ordered through the online account, exceptionally on the basis of a written (letter, fax, e-mail) or telephone order of the Client.
- By confirming the order the Client gives the Operator his consent to publishing his personal data or the personal data of his employees in the Job if it is required in the type of Service that the Client ordered from the Operator.
- The order must contain at least:
- Business name of the Client or its legal form,
- Invoice address or the mailing address of the Client,
- IČO, DIČ (Registration number, Tax registration number) and/or IČ DPH of the Client (Tax VAT Registration Number),
- Contact details of the Client (phone number, fax, email),
- Type of ordered service and the duration of providing the service.
- The contractual relationship comes into being by confirming (through the Web site or through a letter or via fax or e-mail or by telephone interview) the ordered Service by the Operator. Providing the Service ordered by the Client is also considered as confirmation of the order. The contract is concluded for a definite period of time in the duration of the ordered Service with effect from the day of confirming the order by the Operator.
- The order confirmed by the Operator is binding, it can only be changed after mutual consent of both contract parties. The Operator is entitled to charge an administration fee for the change of the Order.
- Unless otherwise stipulated in the Contract, it is possible to terminate the Contract before expiring the period of validity thereof by a:
- a written agreement of the contract parties.
- withdrawal from the contract, in case the other Party seriously breaches its duties arising from the Contract or these GCTC. For the serious violation of the contract is considered especially:
- publishing of a Job offer of a Client contrary to regulations 24.D and the GCTC,
- using the data from the Operator's CV database about Job seekers by the Client for other purposes but finding a suitable employee,
- using Services provided on the Web page for mass sending of electronic messages or for sending messages containing information about products and services or sending messages containing information, contrary to the legal regulations of the Slovak Republic, ethical norms and good manners, or that can harm the Operator's good reputation or the reputation of other natural and juridicial persons,
- the Client acts contrary to the Contract or these GCTC and/or good manners and if through this, especially on the basis of negative responses from the Website users the good reputation of the Operator can be harmed according to a legitimate opinion of the Operator and the niveau of the provided Services can be decreased or endangered.
- using of automatic systems (especially bots, robots, modules or other automatic devices or programmes for searching the Wesite or collecting contents from the Website) when using the services of the Operator of the Website, whose access means are not provided by the Operator.
- A written announcement about the withdrawal from the contract is delivered to the other Contract party on his address given in the registration or on the e-mail address given by him.
- If the contract terminates without the Provider's fault and the Client has not used the Services yet, the Client has no right to claim a refund of the agreed price. The Provider is not responsible for not fully used up Services.
- The price for Services shall be calculated according to the Price List effective on the date of ordering of Services.
- The invoice (tax voucher) is usually issued by the Operator first after the provision of the Services to the Client. The invoice is usually issued for the whole period, for which the use of the Service was ordered by the Client. The term of payment of the invoices is 14 days from the day when the invoic was issued, if not otherwise stipulated in the Contract. In legitimate cases the Operator is entitled to provide the ordered Service first after the payment of the Price for the ordered Service; the Client will be informed about this fact by the Operator in advance.
- The Client is obliged to pay for the ordered Service via banking transfer to the Operator's account given on the invoice correctly and in time.
- Should the Client delay in paying the invoiced or ordered amount the Operator is entitled to charge the Client a late payment interest rate of up to 0,1% of the due amount for each day of delay and, at the same time, is entitled to temporarily, until due payment of the ordered or invoiced amount, discontinue further provision of Services. Should the Client delay in paying more than 30 days the Operator is entitled to forward the claim to the mandatory of the debt collection company cooperating with the Operator. The costs for collecting the claim will become a part of the Operator's claim.
- Claims made in relation to the issued invoices, which may result in limitation of rights concerning the Operator’s receivables from the Orderer, must be made by the Orderer in writing with the Operator within 7 days following the delivery of the invoice.
- The Operator gives back sums of money to Clients only if in individual cases they are higher than 0,50 EUR.
- The Operator shall not be liable for the content of the service provided (posted) on the Website, especially not for its graphic representation (eg.: logo, photograph or another result of mental creative activity) and for its grammatical correctness. Only the Client is exclusively responsible for violating any rights of third persons by providing a Service on the Website. The Operator shall not be responsible for any damage caused by providing the Service on the Website.
- The Client is obliged to protect the data acquired from the Operator's CV database or the Reaction from any misuse, he is obliged to secure that these data will not be accessible or available to another person or that they will not be published. In case of violating this obligation the Client is fully responsible for any damage caused by violating this obligation. The Client is aware that the Operator's CV database is a subject of copyright of the Operator and is protected pursuant Act N. 618/2003 Coll. about copyright and other rights relating to copyright (Copyright Act). The Operator is not responsible for the accuracy and up-to-dateness of the data entered in the Operator's CV database.
- The Client pledges that if there would be any claims against the Operator caused by the violation of third parties' rights stated in this paragraph, the Client will satisfy them to full extent and he will reimburse the Operator to full extent.
- The Operator does not guarantee the Client finding a suitable candidate to fill in a job position and his persevering in the employment or similar relation.
- The Operator does not guarantee the Job seekers finding a suitable job opportunity, nor the duration of employment or a similar relation.
- The Operator is not responsible for damage that can happen to users or third parties when using the Website, including the loss of profit or any data.
- If the contract terminates without the Operator's fault and the Client has not used the Services yet, the Client has no right to claim a refund of the agreed price. The Operator is not responsible for not fully used up Services.
- Should the Client delay the Operator is entitled to temporarily discontinue further provision of Services to the Client. Through this act the Client has no right to claim compensation or any reimbursement for the ordered Services, that he was not able to use during the time of terminated provision of the Services. The claim of the Operator for compensation is not affected by this.
- The Operator is not responsible for any misuse of the login name and password by an unauthorized person and he is not responsible for any consequent damage and claims of third parties caused as a result of such misuse.
- The Client is entitled to object to a fault (hereinafter referred to as the "Fault") that appeared on the Operator's Website related with the provided Service. As fault is considered especially non functionality of the Services stated in the Order, for a time period longer thatn 6 hours within the preceding 24 hours. A fault on the Operator's side is not considered the case, when the Services are not accessibe due to a failure of the Client's connection to the network Internet or due to any other reasons for which the Operator is not responsible.
- The term for lodging a claim is maximum 14 days from the day when the Client discovered the Fault or when he could discover it.
- The Client is entitled to lodge the claim in a written form (by mail on the address of the Operator's seat, via fax on: +421 2 32 20 91 18, via email on the address : [email protected]), and the claim must be delivered to the Operator. The Operator is obliged to announce the result of settling the claim within 14 days from the day when the claim was delivered to him.
- The Provider reserves a right to amend GCTC, while any amendments shall be immediately communicated to the Clients by means of publishing on the Websites, including the validity date thereof. The original GCTC cease to be valid on the validity date of new GCTC.
- All relationships not regulated in the Contract and/or GCTC shall be governed by the valid Slovak legal regulations.
- Contradicting provisions in the Contract shall prevail over GCTC. Application of GCTC may be excluded only by a written agreement of the Parties incorporated in the Contract.
- These GCTC enter into force on 25th February 2019
Personal Data protection
Personal data in reaction to a job offer and to a short-term temporary job
Personal data in CVs and the CV Database
Services provided for the Clients
Duration, Modification and Termination of Contractual Relationship
Price for Services and Payment Terms
Limited Liability of the Operator
Common and Final Provisions