Terms of service
Agreement regarding the use of the candidate portal my.trenkwalder.com (As at 22.11.2017)
Trenkwalder Personaldienste GmbH
1. Scope of application, definition of terms
1.1. The present user agreement applies to any use of the Trenkwalder candidate portal and is concluded between you as the user (“you”) and Trenkwalder (Trenkwalder Personaldienste GmbH, Kastenbauerstraße 2, 81677 Munich) (“we”).
1.2. The term “candidate portal” means the web-based interface accessible via https://my.trenkwalder.com and the contents, data and information made available there by us or third parties. The access to the candidate portal can only be granted after you register (see Section 2) and you have agreed to this user agreement. In the event that you do not agree to the present user agreement, the use of the candidate portal is not permitted in any way.
1.3. The term “user” means all persons who use the candidate portal within the scope of the respective user agreement.
1.4. All documents to which reference is made in this user agreement form an integral component of this user agreement, unless this user agreement explicitly specifies otherwise. In the event of a conflict between the present main part of this user agreement and the other documents, the present main part takes precedence within the limits of the law.
1.5. For the purposes of better readability, where the male form is used for gender-specific terms, this also includes the female form.
2. Registration process in the candidate portal
2.1. In order to be able to use the candidate portal, you need to provide your email address and a password of your choice (together: “login details”) during the registration process so as to receive remote access (a “user account”) and therefore access to the candidate portal. It is also possible to register via Facebook and LinkedIn.
2.2. The registration and the use of the candidate portal, as well as of the functions contained therein, is free of charge.
2.3. Later logins to the user account are only possible using your login details. However, we reserve the right to deny registration requests without providing reasons.
2.4. We retain the data provided by you until you delete your account yourself, until we delete your account (based on the reasons stated in 6.5) or until we cease to provide the service. Regardless of the personal data stored in your candidate profile, in the event of a specific application, the required data will be transferred from your profile to our applicant management system. These data will be saved in connection with your application and will be handled by us on the basis of the relevant applicable data protection regulations.
2.5. It is possible to deactivate the account at any time. In doing so, all your data that you have saved in the candidate portal up until the time of deactivation is irrevocably and permanently deleted. We are happy to retain your data in our applicant management system. If you do not desire this, please send us explicit notification thereof in written form.
3.1. Throughout the term of this user agreement, we provide the following services for your private use:
(a) a user account in the candidate portal;
(b) the non-exclusive, non-transferable, non-assignable right of use to the candidate portal, limited by the following provisions; and
(c) technical customer support (weekdays from Monday to Wednesday, from 8am to 5pm) by way of an email service for questions regarding the candidate portal.
4. Functions of the candidate portal
4.1. Creating a candidate profile
You can create a personal candidate profile, where you can save information on the following categories:
- Personal details
- Contact details
- Professional experience
- Certificates and diplomas
- Voluntary activities
Alongside entering the information manually, it is also possible to import data from the social networks Xing, LinkedIn and Facebook. When you do so, the data saved by you in these networks are incorporated into your profile. You also have the option of extracting data from existing curriculum vitae documents and automatically adding such data to your profile.
Along with textual content, it is also possible to upload additional documents such as a curriculum vitae, letter of motivation, certificates and attestations as well as a profile picture. In the event of an application, these data are transferred to our applicant management system and stored there under observation of the statutory regulations.
You may use the service Ziggeo.com to record a video or upload a video to your profile. In the event of an application, the video will become visible for our employees in our applicant management system. In this process, the video is stored on European servers. For further information on Ziggeo, please visit the external page https://eu-west-1.ziggeo.com/terms.
At your request, we provide you with personalised job suggestions or show you relevant offers from our learning platform based on the information you provide in your profile. These personalised recommendations are displayed in the dashboard area.
4.2. Creating and downloading a curriculum vitae
Using the data stored or imported by you (see Point 4.1), you can create a curriculum vitae document that is available for download as a PDF file for your private use, free of charge.
4.3. Using the job search, creating a watch list and applying to jobs
Within the candidate portal, you can access the Trenkwalder job search in your respective country. This displays only jobs specific to your country. Every job that is currently still available can be placed on a watch list. It is also possible to use the profile data you have saved to apply to one or more jobs simultaneously.
4.4. Job alert
Within the job search, you have the option of saving individual search requests in order to call them up whenever you like. You can subscribe to receive alerts for new jobs that match your respective search profile via email or WhatsApp. A detailed description of the exact process for this is available in the areas “Job search” and “Job alert”. To send a notification via WhatsApp, we use the service provided by WhatsBroadcast. If you decide to receive a notification via WhatsApp, you need to provide your mobile phone number. You then receive a service number from us that you need to add to your WhatsApp contacts. Next you need to send a message to this number with the command “Start”. The “Job alert” service via WhatsApp will be activated shortly after. Using the command “Stop”, you may end the notifications via WhatsApp at any time. If you request notification via WhatsApp message as part of the “Job alert” service, your mobile phone number will be transmitted to and stored by WhatsBroadcast GmbH, Otto-Lindenmeyer-Str. 28, 86153 Augsburg, as well as WhatsApp Inc., 650 Castro Street, Suite 120-219, Mountain View, California, 94041, USA. You may modify or cancel the job alert at any time.
5. Right of use and limitations of use
5.1. Access to the candidate portal and the use of the candidate portal are only permitted when carried out manually, meaning that the use of automated input systems (so-called “robots”) is not allowed.
5.2. Any use of the candidate portal that is not explicitly described in this user agreement is prohibited.
6. Your user obligations
6.1. In order to use the candidate portal, you need to have the required technical equipment, including in particular software, internet access and system environment. Unfortunately, we cannot guarantee that you will be able to access or call up the candidate portal using all web browsers, all tablets, smartphones or other computing devices.
6.2. The login details chosen by you during registration must be kept secret and may not be passed on to third parties. It is not possible to log in anonymously or to log in simultaneously using one and the same email address.
6.3. You are responsible for all activities carried out in or using your user account. You guarantee that you
(a) provide truthful, accurate, up-to-date and complete information in accordance with the respective registration process; and
(b) will immediately inform us of any unauthorised use of your user account or of a violation of security regulations of the user agreement.
6.4. We assume no obligation to check the data provided by you. However, if we determine or suspect that the information provided is untrue, inaccurate, not up-to-date or incomplete, we may immediately block your user account and/or terminate the user agreement with immediate effect (see Point 12.1(b)) and prohibit all current or future use of the candidate portal (or parts thereof).
6.5. If - based on our own judgement - we have reason to believe that the entire system (see definition below) or parts thereof are being used for criminal activities or are being used in a way that violates our rights, the rights of our customers, suppliers, users (including you) or those of a third party, we may block your user account immediately for as long as it takes until the violation has been put to an end or until we receive an adequate guarantee that such violations will not continue to exist, and/or terminate the user agreement with immediate effect (see Point 12.1(b)). The same applies in the event that we identify an actual data loss or data misuse or if we have reason to assume that the continued operation of the candidate portal would expose the entire system or parts thereof to the potential danger of a data loss, a data protection violation, or a total failure. The “entire system” includes the software, computer equipment and network systems that belong to or can be attributed to us or our contractual partners and suppliers and that are used for the candidate portal.
6.6. When using the candidate portal, you may not:
(a) defame, abuse, harass, stalk, threaten or in any other way violate the rights of us or of third parties (such as the right to privacy, intellectual property, etc.);
(b) publish, send or distribute harmful, inappropriate, vulgar, damaging, obscene, incorrect, fraudulent, unauthorised, indecent, unlawful, immoral or otherwise objectionable contents (e.g. indecent profile pictures);
(c) behave in such a manner that constitutes a criminal offence or could establish civil liability on our part;
(d) provide incorrect information on or falsify your identity – in any way whatsoever;
(e) transfer data that contain viruses, Trojans, worms, time bombs, cancelbots or other programmes and that are able to harm, destroy, disrupt or in any other way impair our network, computer system or other devices or those belonging to third parties;
(f) impair or disrupt the candidate portal, networks or servers associated with our systems or the candidate portal systems, or violate the provisions, guidelines or procedures of such networks or servers;
(g) in any way attempt to achieve unauthorised access to our candidate portal, computer systems or networks or those of our customers/suppliers;
(h) disrupt the use of the candidate portal by an authorised third party;
(i) permit third parties to carry out the actions mentioned above.
6.7. We have no obligation to monitor your use of the candidate portal, but we reserve the right to monitor and check your activities in the candidate portal at any time, to the extent legally possible.
7. Intellectual property, copyrights
7.1. We or the respective author or third-party owner are entitled to all copyrights and other rights to the intellectual property of the candidate portal (both in electronic as well as in printed form).
7.2. You acquire the rights of use to the candidate portal in accordance with Point 3.1 (b). No further rights are granted to you in the scope of this user agreement. You are not permitted to use the candidate portal in a manner beyond that described in Point 3.1 (b).
7.3. Information included in the candidate portal regarding existing authors or other intellectual property rights may not be concealed or removed. This also applies to printouts and downloads.
8. Contents of third parties
8.1. Certain parts of the candidate portal may be provided by third parties or be in their possession. You acknowledge and agree that we neither monitor nor are we responsible for these parts that you access during your use of the candidate portal. We reserve the right to block information, transfers or the access to certain parts of the candidate portal in order to protect the candidate portal, the Trenkwalder network, the public, customers or users.
8.2. We are not publishers of the contents of third parties that are accessed via the candidate portal, and we are not responsible for the content, the accuracy, the topicality or the passing on of opinions, advice, explanations, notifications, services, graphics, data or other information that is made available to or by third parties. Regarding the contents and accuracy of information provided via any references or links to other websites on whose contents we have no influence, the respective provider of the linked website is always responsible. You agree that you are solely responsible for the acceptance and compliance with potential conditions of such contents of third parties.
9. Guarantee and other liability
9.1. You and we guarantee that we are legally authorised to conclude this user agreement. We guarantee that we are authorised to offer the candidate portal in accordance with this user agreement, and that the candidate portal may essentially be used for ordinary use under ordinary circumstances.
9.2. All services offered by us in the candidate portal are intended exclusively for private purposes. We assume no guarantee for the completeness, accuracy, or suitability of the utilisation or application of the candidate portal for specific purposes, and any liability in this respect is excluded. Statutory warranty claims remain unaffected by this.
9.3. Liability for indirect, exemplary, special, consequential or incidental damages, data loss and lost profits is explicitly excluded.
9.4. Liability for power failures, other technical incidents or other circumstances that are not within our area of responsibility (in particular disruptions in the users’ electronic data processing, warlike events, natural catastrophes, official regulations, terrorism, communication errors, operating failures, failures or actions of third parties, unauthorised access, misuse by you or the loss of login details) is excluded.
9.5. For all other events, liability is limited to gross negligence and intent and is limited to a maximum value of EUR 600. This does not restrict the liability for personal injury.
9.6. In order to carry out any work required for operations, we are entitled to temporarily stop providing services. Thus, we cannot guarantee uninterrupted use, and furthermore, do not owe it. In any case, we will try to remedy any failures or disruptions as rapidly as possible.
9.7. We take great care when operating the candidate portal, and do our utmost to keep the contents free of viruses. However, due to the technical circumstances, we can assume no guarantee or liability for the absence of viruses in the candidate portal. For your own protection, but also in order to prevent a transfer of viruses to the candidate portal, before downloading information, software or files you are obliged to take appropriate security precautions and to make use of appropriate virus scanners or other technical safeguards for these purposes.
9.8. All warranty and liability limitations also apply for the benefit of the companies, contractual partners, vicarious agents and employees of Trenkwalder.
9.9. You commit to compensate for damages that arise for us or our associated companies in the event of a violation of legal or contractual regulations for which you are culpable (in particular Points 5.3 and 5.6). Our claim to compensation for damages remains unaffected regardless of which page is used to make use of our services.
10. Updates and contractual partners
10.1. We reserve the right to update or modify this user agreement by notifying you accordingly. This requires that we inform you of the changes to the candidate portal in writing or by email at least 30 days before the changes enter into force, and that you have not objected to the changes within 14 days after receipt of this notification of changes. In the event of an objection within this period, you and we have the right to terminate the respective separate agreement with regard to the specific parts that are affected by the change. The remainder of the respective agreement is not affected by such a partial termination.
10.2. We may wholly or partially transfer the contractual relationship as well as the rights and obligations from the contract with you to our affiliates. In such an event, we will inform you in writing beforehand.
11.1. We are entitled to also send you the user agreement as well as all related documents (together: “Documents”) and other notifications (e.g. termination notices) in electronic form. You declare your express consent to the electronic sending of documents and notifications to your email address which you provided (or later updated) during the registration process (see Section 2).
11.2. Notifications to us that are provided for in this user agreement or by law (e.g. terminations) must be sent in writing or by email to the address provided below (or if we change this address, to the deviating address provided to you in accordance with this section):
Trenkwalder Personaldienste GmbH
Telephone: +49 89 99 19 99-0
12. Dissolution of the agreement
12.1. Without prejudice to any other rights of termination of this user agreement and other rights of termination specified in this user agreement, you and we have the option to dissolve the user agreement in accordance with the following provisions:
(a) dissolution by you or by us if insolvency proceedings regarding your or our assets are opened or if an application to open such a proceeding is rejected due to a lack of sufficient assets to cover the costs or if the conditions for the opening of such a proceeding or the rejection of such a proceeding exist, are or have been initiated, namely with immediate effect; or
(b) dissolution by us if we cannot reasonably be expected - in good faith - to uphold this user agreement due to a significant violation of individual provisions (in particular Points 6.4, 6.5, and 6.6) of this user agreement, namely with immediate effect; or
(c) dissolution by us if you transfer your rights and obligations to third parties without authorisation (see Point 14), namely with immediate effect; or
(d) dissolution by us if you harass or threaten us or our customers, suppliers or employees verbally or in writing, namely with immediate effect; or
(e) dissolution by us insofar as we ourselves are the licensee of the candidate portal and the relevant license rights are no longer available to us (e.g. in the event that a cooperation is terminated), namely with immediate effect.
12.2. Upon termination of this user agreement, all rights that were granted to you within the scope of this user agreement expire with immediate effect, and your user account is closed.
12.3. The following commitments and warranties remain in place indefinitely upon termination of this user agreement for whatever reasons:
(a) the provisions of Section 9, of Point 15.1 and of Section 17.
13. Data protection, newsletter
13.1. By using the candidate portal, you expressly agree to the provisions of our data protection directive in the currently valid version.
13.2. If you wish to receive up-to-date job suggestions, offers and information by electronic means or via telephone contact, you may select to expressly agree to this option.
The total or partial transfer of rights or obligations from this user agreement to third parties is only possible after the relevant explicit, prior, written approval. However, we may transfer the rights and obligations from this user agreement (wholly or in part) to present and future Trenkwalder affiliates without your consent. In such an event, we will always inform you thereof immediately in writing.
15. Place of jurisdiction and complaints
15.1. The law of the country of operation applies. The headquarters of Trenkwalder Personaldienste GmbH is Munich. Munich is agreed upon as the place of jurisdiction.
15.2. Complaints may be directed to Trenkwalder at the address stated above, either by post or by email.
16.1. The renunciation of rights may not be justified by the fact that we or any authorised third parties have neglected to respect these rights.
16.2. To the extent permitted by the law, without our prior written approval you are not entitled to set off claims against claims from us or to withhold due payments for whatever reason.
16.3. Our fulfilment of the contract is subject to the contract being legally permissible. (The fulfilment of a contract is inadmissible if, among other things, it would violate regulations of (national or international) foreign trade law, embargoes or other sanctions).
16.4. Any agreements deviating from this user agreement shall apply only if they are made in writing. This also applies to the waiving of the requirement of the written form. There are no verbal ancillary agreements.
16.5. If any regulations of this user agreement or any further agreements based on this user agreement are or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a regulation that comes as close as legally possible to the original intended purpose of the regulation. The same applies in the event of any gaps in the contract.