1. INTRODUCTORY PROVISIONS

1.1. These Terms of Business (‘Terms of Business’) regulate, in accordance with section 1751(1) of Act no. 89/2012 Coll., Civil Code, as amended (‘Civil Code’) mutual rights and obligations between the company HS Interactive s.r.o., with registered office at Výhledy 265/15, Hošťálkovice, 725 28 Ostrava, company ID: 277 73 710, registered in the Commercial Register maintained by the Regional Court in Ostrava, section C, entry no. 29345 (‘Provider’) and third parties (‘Client’) arising from contracts for the provision of services (‘Contract for the Provision of Services’) concluded through the Provider’s website located at the internet address www.recruiro.com (‘Website’).

1.2. A legal person or a natural person who is an entrepreneur may be a Client.

1.3. In accordance with section 1752 of the Civil Code, the contractual parties agree that the Provider may unilaterally amend the Terms of Business in a reasonable extent. The Client shall be notified of the amendment to the Terms of Business by an e-mail sent to their address specified in the User Account (clause 3). The Client may reject the amendment to the Terms of Business and thus terminate a Contract for the Provision of Services in writing within the notice period, which is one (1) month. Clause 1.4 of the Terms of Business is not hereby affected.

1.4. Once the Client has agreed to a new version of the Terms of Business, the previous Terms of Business shall cease to be effective and the new version of the Terms of Business shall become an inseparable part of a Contract for the Provision of Services.

2. CONCLUSION OF A CONTRACT FOR THE PROVISION OF SERVICES

2.1. The Client makes an offer to conclude a Contract for the Provision of Services by completing details in a registration form on the Website and sending those details to the Provider by clicking the button “Register” (‘Registration Request’). For the purposes of the Terms of Business, the details provided by the Client in a Registration Request shall be deemed to be correct.

2.2. Following receipt of a Registration Request by the Provider, the Provider shall send to the email address specified in the Registration Request (‘Client’s Address’) information necessary to activate a user account (‘Acceptance’). Once Acceptance has been received by the Client, a Contract for the Provision of Services shall be concluded.

2.3. The Client acknowledges that the Provider is not obliged to conclude a Contract for the Provision of Services (may refuse to register a Client), in particular with persons who have previously substantially breached a Contract for the Provision of Services (including the Terms of Business).

3. CLIENT ACCOUNT

3.1. Once registered on the Website, the Client may access their user interface on the Website. From their user interface, the Client may, in particular, manage their details and use the service (clause 4.1), including inserting forms (online tests) and using template forms (online tests) made accessible within the service by the Provider (‘User Account’).

3.2. The Client’s User Account shall be activated following the Client’s registration on the Website (completion of the required details by the Client).

3.3. When registering on the Website, the Client shall provide correct and true details only. The Client shall update the personal details provided in the User Account every time they change in any way. The Provider shall deem the details provided by the Client in the User Account to be correct. Each Client may have only one User Account.

3.4. Access to a User Account is secured with a username (e-mail address) and a password. The Client agrees that the login details may also be used for logging into other websites operated by the Provider or by another person. The Client shall treat as confidential the information required in order to access their User Account; the Client acknowledges that the Provider shall bear no responsibility for a breach of this obligation by the Client.

3.5. The Provider may block the Client from using their User Account, in particular in the event that the Client breaches their obligations arising from a Contract for the Provision of Services (including the Terms of Business).

4. SUBJECT OF CONTRACT FOR THE PROVISION OF SERVICES

4.1. In a Contract for the Provision of Services, the Provider undertakes to provide to the Client a service consisting of provision of an online tool used to screen applicants for employment (‘Applicant’), particularly the knowledge, skills and other requirements for the performance of the Applicant’s employment, by way of online tests created by the Client in their User Account (‘Service’). Template forms (online tests) created by the Provider may also be made accessible to the Client within the Service.

4.2. In a Contract for the Provision of Services, the Client undertakes to pay to the Provider remuneration for the use of the Service in an amount dependent on the selected tariff of the Service. Individual tariffs are specified further at the internet address (https://www.recruiro.com) (‘Service Tariffs’).

4.3. On the basis of a Contract for the Provision of Services, the Client shall not be provided with advisory or consulting services, in particular advisory or consulting services in the field of human resources or law; the Client shall be fully responsible for ensuring that their activity carried out via the Service is fully complaint with generally binding legislation, including cases when the Client uses template forms (online tests) made accessible to them by the Provider within the Service.

4.4. The Client shall comply with all of their obligations against Applicants arising from generally binding legislation, including compliance with all information obligations arising from regulation in the field of personal data protection. Within the Service, the Client shall be allowed to, inter alia, save information or contractual texts for Applicants.

5. CONDITIONS OF SERVICE

5.1. The Provider is not obliged to provide the Service in the event that its provision is prevented by difficulties on the part of the Client or on the part of other persons. The Provider is thus not obliged to provide the Service, in particular, in the event of electricity supply outages, data network outages, other faults caused by third parties or vis major.

5.2. Provision of the Service may be subject to outages, temporary limitations, interruptions or decreases in the quality of the Service. The Provider is not required to back up information saved by the Client within the Service.

5.3. Features of the Service may change whilst a Contract for the Provision of Services is effective.

5.4. The Provider may implement measures aimed at the prevention of outages, limitations, interruptions or decreases in the quality of the Service. In connection with the performance of this obligation, the Provider may carry out planned shutdowns of the Service for the purpose of checking, maintenance or change of hardware, or setting or upgrade of software on a server (‘Service Shutdown’). If the nature of the Service Shutdown so allows, the Provider shall endeavour to carry out the Service Shutdown during a period of lower use of services.

5.5. The Provider may secure the provision of the Service also via third parties.

5.6. The Client acknowledges that in order for the Applicant to log into the system (when the Service is being used by the Client), the Provider may require the Applicant to register in the social network www.facebook.com operated by the company Facebook, Inc., with registered office at 156 University Avenue Suite 300, Palo Alto, CA 94301.

6. REMUNERATION TO THE PROVIDER

6.1. In return for the use of the Service, the Client undertakes to pay to the Provider remuneration in the amount specified in the Service Tariff, which is calculated according to the extent of the use of the Service by the Client.

6.2. Remuneration to the Provider shall be payable before the Client commences their use of the Service.

6.3. Remuneration to the Provider shall be payable by cash-free means, i.e. either by:

6.4. In the event that generally binding legislation provides so, Value Added Tax or another similar tax shall be added to the remuneration to the Provider for the provision of the Service.

6.5. If the Client makes a payment to the Provider’s bank account, the Client shall pay remuneration to the Provider together with specifying the variable symbol of the payment.

6.6. The Provider shall issue a receipt of tax deductible expenditure – an invoice to the Client in respect of payments made on the basis of a Contract for the Provision of Services always after remuneration to the Provider has been paid. The Provider shall issue a receipt of tax deductible expenditure – an invoice and send it in electronic form to the Client’s e-mail address or the Provider shall issue a receipt of tax deductible expenditure – an invoice in the Client’s User Account.

6.7. In the event that the Client is in default with the payment of remuneration to the Provider or a part thereof, the Provider may suspend the performance of any of their obligations towards the Client (including the ability to use the Service) until the Client has complied with all of their obligations.

6.8. The Client’s ability to use the Service may be postponed until remuneration to the Provider has in reality been credited to the Provider’s account.

7. USE OF THE SERVICE – CONTENT SAVED BY THE CLIENT

7.1. When using the Service, the Client may not save or disseminate information (files) the content of which is in violation with generally binding legislation effective in countries where the Service is accessible, in particular content which, if made accessible to the public, would:

7.2. The Client acknowledges that the Provider shall bear no responsibility for the settings selected by the Client in the User Account.

7.3. The Client may not send out unsolicited commercial messages or other bulk messages when using the Service or otherwise use the Service to send unsolicited e-mail (spam) or other bulk e-mail. When using the Service, the Client may not send out information which noticeably resembles services or applications of third parties for the purpose of confusing or misleading internet users (phishing). When using the Service, the Client may not disseminate computer viruses.

7.4. When using the Service, the Client may not use mechanisms, tools, programs or processes which have or may have an adverse effect on the operation of the Provider’s equipment, safety of the internet or other internet users. The Client may not burden the Provider’s server from which the Service is being provided with automated requests.

7.5. The Client may not engage in activities intended to prevent or limit the operation of the Provider’s server from which the Service is being provided or otherwise attack this server; the Client may not assist a third party to engage in such activities. The Client may not use the User Account or the Service in a manner which would disproportionately restrict the use of the Services by other customers of the Provider or otherwise disproportionately hinder the Provider.

7.6. The Client shall be responsible for the compliance of information saved or disseminated by the Client within the Service with generally binding legislation. The Client acknowledges that, in accordance with section 5 of Act no. 480/2004 Coll., on Certain Services of Information Society and on the Amendment of Certain Acts (Act on Certain Services of Information Society), as amended, the Provider shall bear no responsibility for the content of information saved by the Client. The Client further acknowledges that the Provider shall not be responsible for the Client’s unlawful conduct.

7.7. The Provider is entitled but not obliged to preventatively check information saved or disseminated by the Client within the Service. In the event that the Provider discovers that the content of this information could breach the Terms of Business, generally binding legislation or common standards of morality, the Provider may delete this information or prevent this information from being disseminated; the Provider may further withdraw from the Contract for the Provision of Services. In the event that any third party asserts their rights against the Provider in connection with the saving or dissemination of information saved or disseminated by the Client within the Service, the Provider may immediately delete the content of the information saved or disseminated by the Client within the Service.

7.8. In the event that a third party asserts their rights against the Provider in connection with the performance of a Contract for the Provision of Services, the Client undertakes to hand over to the Provider without undue delay any documentation and materials necessary for a successful defence of the third party’s claim. In the event that such a third party claims that the saving or dissemination of information saved or disseminated by the Client within the Service has breached their rights, in particular their rights to objects protected by copyright or protection of personal rights, the Client undertakes to reimburse the Provider for any legitimate expenses incurred by the Provider in connection with the dispute with such a third party.

8. LICENSE AGREEMENTS

8.1. In the event that the Client saves or disseminates within the Service information (intangible assets) which is protected by an intellectual property right or by personal rights (‘Protected Work’), by saving or disseminating a Protected Work when using the Service the Client grants to the Provider entitlement to exercise the right to use the Protected Work (license) free of charge under the conditions set out below. Clause 7.1 of the Terms of Business is not hereby affected.

8.2. The Protected Work license shall be granted for all types of use (including communicating the Protected Work to the public via the internet) in an unlimited quantitative and territorial extent. The Provider acquires the Protected Work license as soon as it has been saved or disseminated within the Service. The Protected Work license shall be granted without a temporal limitation from the moment of the Protected Work being saved or disseminated within the Service. The Provider is not obliged to use the Protected Work license.

8.3. The Provider may alter, modify or process the Protected Work and may include the Protected Work in a collective work or merge it with another author’s work (or a computer program); alterations, modifications or processing of the Protected Work may be carried through third parties. If the Protected Work is modified by the Provider (third parties authorised by the Provider), the license provided to the Provider shall also apply to the modified Protected Work.

8.4. Provisions of clauses 8.1 to 8.3 of the Terms of Business governing the Provider’s entitlements shall apply by analogy to situations where the Client’s contribution is not protected by copyright or by personal rights.

9. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES

9.1. The Client acknowledges that computer programs forming the Website are protected by copyright. The Client undertakes not to engage in any activities which would allow the Client or third parties to unlawfully interfere with or use computer programs in relation to which the Provider exercises propriety rights or is the user.

9.2. The rights and obligations of the contractual parties relating to the Provider’s liability for defects of services are governed by the relevant generally binding legislation. The Client may exercise their rights arising from the Provider’s liability for defects of services at the Provider’s registered office address or by sending an e-mail to the Provider’s contact address (clause 16.6). The contractual parties have agreed that the Provider shall be liable to the Client solely for an intentional breach of their obligations.

9.3. In the event that the Client suffers loss in connection with the Provider’s liability for defects of performance pursuant to a Contract for the Provision of Services, unless the Provider has caused the loss intentionally or by gross negligence, the contractual parties have agreed, taking account of the terms of the Contract for the Provision of Services, to limit compensation for this potential loss suffered by the Client so that the total compensation for loss including loss of profit shall not exceed the amount of the Provider’s remuneration in reality paid by the Client for one (1) month of use of the Service prior to the loss being incurred by the Client. The contractual parties state, taking account of all circumstances of the conclusion of the Contract for the Provision of Services, that the total foreseeable loss including loss of profit which may be incurred by the Client due to defects of performance by the Provider shall not exceed the amount of the Provider’s remuneration in reality paid by the Client for one (1) month of use of the Service prior to the loss being incurred by the Client.

9.4. The Client acknowledges that texts, photographs, graphic works and other elements contained on the Website or accessible within the Service may individually or as a whole be protected by copyright. Databases contained on the Website or accessible within the Service are protected by the special right of an author of a database.

9.5. Without the Provider’s prior written consent, the Client may not provide template forms (online tests) made accessible by the Provider within the Service or their parts to a third party and may not use template forms (online tests) made accessible by the Provider within the Service or their parts outside of the Service. In the event that the Client breaches the obligation in the previous sentence, the Provider shall be entitled to a contractual penalty of CZK 50,000 (fifty thousand Czech Crowns) for each breach of this obligation. The right to receive compensation for loss is not hereby affected.

10. PROTECTION OF THE CLIENT’S PERSONAL DATA

10.1. The Provider complies with their information duty within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data, and Repealing Directive 95/46/EC (General Data Protection Regulation) (‘GDPR Regulation’) towards the Client who is a natural person relating to the processing of the Client’s personal data for the purposes of performing a Contract for the Provision of Services and for the purposes of negotiations with regard to this Contract by way of a separate document.

11. CONSENT WITH SENDING OF COMMERCIAL COMMUNICATIONS, SAVING OF COOKIES

11.1. In accordance with section 7(2) of Act no. 480/2004 Coll., on Certain Services of Information Society and on the Amendment of Certain Acts (Act on Certain Services of Information Society), as amended, the Client consents with the sending of information and commercial communications by the Provider relating to the Provider’s services or business (enterprise) to the Client’s Address specified in the User Account and with the sending of commercial communications by third parties to the Client’s Address. The Provider complies with their information obligation towards the Client within the meaning of Article 13 of the GDPR Regulation relating to the processing of the Client’s personal details for the purpose of sending of commercial communications by way of a separate document.

11.2. The Client consents to the saving of so-called cookies on their computer. Cookies are small files which allow the Provider and parties advertising on the Website to recognise the Client’s web browser when communicating with the Service and to subsequently use certain functions of the Service. In the event that it is possible to perform the Provider’s obligations arising from a Contract for the Provision of Services without cookies being saved on the Client’s computer, the Client may withdraw their consent under the first sentence of this paragraph at any time.

12. PROCESSING OF PERSONAL DATA OF THIRD PARTIES (APPLICANTS)

12.1. In connection with the operation of the Service, the Provider may, at the instigation of the Client (as a controller of personal data) process personal data of natural persons saved by the Client or for the Client within the Service, particularly Applicants’ personal data. The contractual parties are aware of the fact that, in these circumstances, the Client shall act as a personal data controller and the Provider shall be in the position of personal data processor. For these reasons, the Client hereby authorises the Provider as a personal data processor to process personal data, under the conditions specified below.

12.2. The Client may not save within the Service personal data of a special category within the meaning of Article 9(1) of the GDPR Regulation. The Provider shall process personal data for as long as a Contract for the Provision of Services is effective. The category of data subjects whose personal data the Provider shall process are, primarily, Applicants. The Provider shall process all types of Applicants’ personal data saved within the Service by an Applicant for the Client.

12.3. The purpose of processing of personal data by the Provider is the performance of a Contract for the Provision of Services. The Provider shall process personal data by automated processes of recording, saving, structuring, limiting or deletion.

12.4. The Provider shall process personal data solely on the basis of the Client’s evidenced instructions, including instructions in matters of handover of personal data to a third country or to an international organisation, unless the Provider is already required to carry out such processing by Union law or by law of the member state which applies to the Provider. The Client’s instructions may also be contained in a Contract for the Provision of Services. Once a Contract for the Provision of Services has been discharged, the Provider shall delete all personal data (this is the Client’s instruction), unless generally binding legislation requires further saving of the relevant personal data or unless the Provider process the personal data at their own responsibility.

12.5. To the extent laid down by generally binding legislation, the Provider undertakes to implement measures preventing unauthorised or accidental access to personal data, its change, destruction or loss, unauthorised transmission, other unauthorised processing or other misuse of personal data. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Provider shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the relevant risk. The Client acknowledges and agrees that the safety of the server application layer of computer programs located on the Provider’s server is strongly dependent on the selection of computer program(s) activated for the purposes of the operation of the server, including the up to dateness of such computer program(s). The Provider is not the author of such computer program(s) and their development is secured by third parties. The Client acknowledges and agrees that the Client is fully responsible for safety risks connected with non-implementation of technical measures sent to them by the Provider for the purpose of securing personal data whilst a Contract for the Provision of Services is effective.

12.6. The Provider shall not include any other processor in the processing of personal data without a prior specific or general written consent of the Client. The Client hereby agrees to include other processors in the processing of personal data by the Provider, specifically persons responsible for compliance by the Provider with their obligations arising from a Contract for the Provision of Services, in particular persons assisting with the operation of the Provider’s devices. The Processor shall inform the Client of all intended changes relating to the hiring of other processors or their replacement and shall thus provide the Client with an opportunity to raise objections against such changes. If the Processor hires another processor of personal data in order to carry out some activities of data processing in the name of the Client, such further processor must be obligated on the basis of a contract to comply with the same data protection obligations as those specified in a Contract for the Provision of Services, in particular the provision of sufficient guarantees with regard to the implementation of suitable technical and organisational measures so that the processing of personal data complies with the requirements of the Regulation.

12.7. The Provider shall take into account the nature of processing of personal data. The Provider shall assist the Client by way of appropriate technical and organisational measures, if possible, to comply with the Client’s obligations to respond to requests to exercise the rights of data subjects specified in Section III of the Regulation at the Client’s expense. The Provider shall pass over to the Client without undue delay requests to exercise rights of a data subject potentially raised against the Provider. The Provider shall assist the Client with securing compliance with obligations set out in articles 32 to 36 of the Regulation, taking into account the nature of processing of personal data and information available to the Provider in return for remuneration potentially agreed in a separate contractual agreement of the parties.

12.8. The Client undertakes to process personal data in accordance with regulation in the field of personal data protection. In the event that the Provider incurs loss (including public law sanctions or expenses and the Provider’s costs relating to this unlawful conduct) in connection with the Client’s unlawful conduct in the area of personal data protection, the Client shall compensate the Provider for this loss no later than within thirty (30) days from when the loss arose.

12.9. The Provider undertakes to provide to the Client at the Client’s expense all information necessary to prove that obligations specified in a Contract for the Provision of Services have been complied with and shall allow, at the Client’s expense, audits of personal data including inspections carried out by the Client or by an auditor authorised by the Client and shall contribute to such audits, including notifying the Client that, in the Provider’s view, the Client’s instruction breaches generally binding legislation in the area of personal data protection. Notwithstanding the above, the contractual parties have agreed that the Provider may not provide and shall not provide the Client with such access to the Provider’s server which would decrease the level of protection of data belonging to other contractual partners of the Provider or which would lower the level of security of personal data or other data secured by the Provider, including circumstances which could lead to the Provider’s server being compromised. The amount of remuneration to the Provider for the provision of cooperation to the Client pursuant to this clause shall be specified in a separate agreement of the parties.

12.10. In the event that the Client incurs loss in connection with the Provider’s liability for breach of their obligations in the area of personal data protection, clause 9.3 of the Terms of Business shall apply.

12.11. In the event that all legal bases for the processing of certain personal data by the Client cease to exist, or in other cases specified by generally binding legislation, the Client shall anonymise or delete such personal data saved within the Service without undue delay.

13. SUSPENSION OF USE OF THE SERVICE

13.1. On the basis of the Client’s written request delivered to the Provider, the use of the Service by the Client may be suspended. During the period of such suspension:

14. DURATION OF CONTRACT FOR THE PROVISION OF SERVICES

14.1. A Contract for the Provision of Services enters into effect as soon as it has been concluded. A Contract for the Provision of Services shall be concluded for an indefinite period of time.

14.2. Either contractual party may withdraw from a Contract for the Provision of Services for any reason or without specifying a reason. The notice period is one (1) month and it starts to run on the first day following the day of service of a written notice of withdrawal on the other contractual party. A Contract for the Provision of Services shall be discharged once the notice period has expired.

14.3. The Provider may terminate a Contract for the Provision of Services if the Client breaches any of their obligations arising from the Contract for the Provision of Services (including the Terms of Business) or from generally binding legislation, as well as in other circumstances. Termination of a Contract for the Provision of Services according to this clause becomes effective as soon as it has been served on the Client at the Client’s Address. Unless agreed otherwise, the Contract for the Provision of Services shall be discharged as soon as such a notice becomes effective.

14.4. A discharge of a Contract for the Provision of Services shall have no effect on the license granted to the Provider according to clause 8 of the Terms of Business. Upon discharge of a Contract for the Provision of Services, all information saved by the Client within the Service shall be removed.

15. SERVICE – LEGAL CONDUCT

15.1. Unless agreed otherwise, all correspondence relating to legal conduct relating to a Contract for the Provision of Services must be served on the other contractual party in writing, i.e. by email. The Client accepts service at the Client’s address, i.e. the e-mail address specified in their User Account.

15.2. Where service is effected by e-mail, a message shall be considered to be delivered at the moment of its acceptance by the incoming mail server.

16. FINAL PROVISIONS

16.1. If a relationship related to the use of the Website or a legal relationship arising from a Contract for the Provision of Services contains an international (foreign) element, the parties agree that such a relationship shall be governed by Czech law, in particular by the Civil Code.

16.2. The contractual parties have agreed that courts of the Czech Republic shall have jurisdiction, unless provided otherwise by a mandatory legal provision.

16.3. The Provider may assign rights and obligations from a Contract for the Provision of Services to a third party and the Client expressly consents to this.

16.4. If a provision of the Terms of Business is invalid or ineffective or it becomes invalid or ineffective, it shall be replaced by a provision the meaning of which is most similar to the invalid provision. The invalidity or ineffectiveness of a provision shall have no effect on the validity of the rest of the provisions.

16.5. A Contract for the Provision of Services including the Terms of Business is archived by the Provider in electronic form and it is not publicly accessible.

16.6. The Provider’s contact details are: e-mail address: info@recruiro.com, telephone +420 595 173 074.

In Ostrava on 12.10.2018
HS Interactive s.r.o.