Agreement on the use of the candidate portal my.trenkwalder.com
(as of 22.11.2017)
Trenkwalder Personaldienste GmbH
1. Scope, definitions of terms
1.1. The present user agreement applies to every use of the Trenkwalder candidate portal and is concluded between you as the user ("Sie") and Trenkwalder (Trenkwalder Personaldienste GmbH, Kastenbauerstraße 2, 81677 München, Germany) ("We").
1.2. The term "candidate portal" is understood to mean the web-based user interface accessible via https://my.trenkwalder.com and the content, data and information provided by us or third parties. Access to the candidate portal can only be granted after your registration (see Chapter 2) and you have agreed to this User Agreement. The use of the candidate portal is in any case prohibited in the event that you do not agree to the present user agreement.
1.3. The term "user" is understood to mean all persons who use the candidate portal in the context of the respective user agreement.
1.4. All documents referred to in this User Agreement form an integral part of this User Agreement, unless otherwise expressly provided in this User Agreement. In the event of a contradiction between the present main part of this User Agreement and the other documents, the main part shall be given priority in the context of legal admissibility.
1.5. For better readability, gender terms use the male form, which includes the female form.
2. Registration process on the candidate portal
2.1. In order to be able to use the candidate portal, you must enter your e-mail address and a password of your choice (collectively: "access data") during the registration process in order to access the candidate portal remotely ("user account") receive. Registration via Facebook and LinkedIn is also possible.
2.2. The registration and use of the candidate portal as well as the functions contained therein are free of charge.
2.3. Later registrations on the user account are only possible with your access data. However, we reserve the right to refuse registration requests without giving reasons.
2.4. Your information will be held by us until you delete your account independently, we delete your account (based on the reasons mentioned under 6.5) or the service is discontinued on our part. Regardless of the personal data of your candidate profile, in case of a concrete application required data from your profile will be transferred to our application management system. This information will be stored in connection with your application and will be treated by us on the basis of applicable data protection regulations.
2.5. Deactivating the account is possible at any time. Your complete data, which you have deposited in the candidate portal until deactivation, will be irrevocably and permanently deleted. We are happy to keep your data in our application management system. If you do not want this, we ask for express communication in text form.
3.1. We provide you with the following services for private use during the term of this User Agreement:
(a) a user account on the candidate portal;
(b) the non-exclusive, non-transferable, non-assignable, and limited right of use on the Candidate Portal; and
(c) technical customer support (on weekdays from Monday to Wednesday, from 08:00 to 17:00) via an email service for questions regarding the candidate portal.
4. Functions of the candidate portal
4.1. Create candidate profile
You can create a personal candidate profile and store information for the following categories:
- Personal data
- contact details
- Work experience
- Certificates and diplomas
- voluntary work
In addition to manual input, data import from the social networks Xing, LinkedIn and Facebook is also possible. In this case, the data is taken over into the profile that you have stored there. You also have the ability to extract data from existing CV documents and automatically paste it into your personal profile.
In addition to textual content, it is also possible to upload additional documents such as CV, motivation letter, certificates and certificates as well as a profile picture. In the case of an application, these data are transferred to our applicant management system and stored there in compliance with legal requirements.
You can use the Ziggeo.com service to record a video or upload it to your profile. In the case of an application, the video in our application management system becomes visible to our employees. The video is stored on European servers. For more information about Ziggeo please visit the external page https://eu-west-1.ziggeo.com/terms .
On the basis of your profile input, we will make you personalized job proposals on request or show you suitable offers from our learning platform. These personalized recommendations are displayed near the dashboard.
4.2. Create and download a CV
With the data you have deposited or imported (see point 4.1) you can create a CV document which is available for your private use as a PDF file for download.
4.3. Use job search, create watch list and promote jobs
Within the candidate portal, you can access the Trenkwalder job search in your country. Only country-specific jobs are displayed. Every job that is currently available can be put on a watchlist. It is also possible to apply for a single or several jobs using the stored profile data.
4.4. job alert
Within the job search, it is possible to save individual search queries in order to be able to access them continuously. New jobs that match the respective search profiles can be subscribed via e-mail or WhatsApp. The exact procedure for this is described in detail in the sections "Job Search" and "Job Alert". To send the notification via WhatsApp we use the service of WhatsBroadcast. If you choose to be notified by WhatsApp, you must provide your mobile phone number. You will then receive a service number from us, which you must add to your WhatsApp contacts and to which you must send the Start command. The "Job Alert" service via WhatsApp will then be active a short time later. With the command "Stop" you can stop the notification via WhatsApp at any time. If you wish to receive notification via WhatsApp as part of the "Job Alert" service, your mobile phone number will be sent to WhatsBroadcast GmbH, Otto-Lindenmeyer-Str. 28, 86153 Augsburg, and WhatsApp Inc., 650 Castro Street, Suite 120-219, Mountain View, California, 94041, USA. The job alarm can be changed or canceled at any time.
5. Right of Use and Usage Restrictions
5.1. Access to the candidate portal and the use of the candidate portal are only permitted manually, ie the use of automated input systems (so-called "robots") is not permitted.
5.2. Any use of the candidate portal not expressly specified in this User Agreement is prohibited.
6. Your user obligations
6.1. In order to use the candidate portal, you must have the necessary technical equipment, in particular software, Internet access and the system environment. Unfortunately, we can not guarantee that the candidate portal is accessible or accessible via all web browsers, all tablets, smartphones or other computing devices.
6.2. The access data you choose when registering is to be kept secret and may not be passed on to third parties. Anonymous registrations and simultaneous registrations with the same e-mail address are not possible.
6.3. You are fully responsible for all activities performed on or through your user account. You assure that you
(a) provide truthful, accurate, up-to-date and complete information according to the relevant registration process; and
(b) promptly notify us of any unauthorized use of your User Account or a breach of the security provisions of this User Agreement.
6.4. We assume no obligation to verify the data provided by you. However, if we determine or suspect that the information provided is untrue, inaccurate, outdated, or incomplete, we may immediately suspend your User Account and / or terminate the User Agreement with immediate effect (see Section 12.1 (b)) and any Prohibit current or future use of the candidate portal (or parts thereof).
6.5. If, at our sole discretion, we have reason to believe that the Entire System (as defined below) or any portion of it will be used for any criminal activity or in a manner that violates our rights, rights of our customers, suppliers, users (including you) or a third party, we may immediately suspend your User Account until such breach has been remedied or we have reasonable assurance that such breach will not persist and / or terminate the User Agreement with immediate effect (see Section 12.1 (b )). The same holds true in the event that we discover or suspect that we have actually lost or misused data, that the continued operation of the candidate portal may damage the entire system or parts of it, potentially destroying data. a breach of privacy or total failure. The "Entire System" includes the software, computer equipment and network systems owned or attributable to us or our contractors and suppliers and used for the Candidate Portal.
6.6. You are not allowed to use the candidate portal
(a) defame, curse, harass, harass, stalk, threaten, or otherwise violate us or any third party's rights (such as the right to privacy, intellectual property, etc.) of us or any third party;
(b) publish, distribute or distribute harmful, inappropriate, vulgar, infringing, obscene, false, fraudulent, illicit, indecent, unlawful, indecent, or otherwise objectionable content (eg, immoral profile images);
(c) act in a manner that constitutes a criminal offense or could give rise to civil liability for us;
(d) improperly identify or distort your identity, in any way whatsoever;
(e) data that contains viruses, Trojans, worms, time bombs, cancelbots, or other programs designed to damage, destroy, disrupt, or otherwise interfere with the network, computer system, or other devices of us or any third party , transfer;
(f) The candidate portal, networks or servers connected to the systems of ours or the candidate portal interfere with or interfere with or violate the rules, policies or procedures of such networks or servers;
(g) in any way attempt to gain unauthorized access to the candidate portal, computer systems or networks from us or our customers / suppliers;
(h) interfere with the use of the candidate portal by an authorized third party;
(i) allow third parties to take the above actions.
6.7. We have no obligation to monitor the use of the Candidate Portal by you, but we reserve the right to monitor and review your activities on the Candidate Portal at any time to the extent permitted by law.
7. Intellectual property, copyrights
7.1. All copyrights and other intellectual property rights in the Candidate Portal (in both electronic and printed form) are the property of us or the respective author or third party owner.
7.2. You acquire the rights of use on the candidate portal in accordance with point 3.1 (b). Further rights are not granted to you under this user agreement. You are not permitted to use the candidate portal beyond point 3.1 (b).
7.3. Information on existing authors or other intellectual property rights contained in the candidate portal may not be obscured or removed. This also applies to printouts or downloads.
8. Third party content
8.1. Certain parts of the candidate portal may be provided or owned by third parties. You acknowledge and agree that we will not control or be responsible for the parts you access while using the Candidate Portal. We reserve the right to block information, transmissions or 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 the publisher of any third party content accessed through the Candidate Portal and are not responsible for the content, accuracy, timeliness or submission of opinions, advice, statements, communications, services, graphics, data or other information to third parties or be made available by them, responsible. For the content and accuracy of information provided about any references or links to other websites on whose content we have no influence, the respective provider of the linked website is responsible. You agree that you are solely responsible for approving and complying with any terms of such third-party content.
9. Warranty and other liability
9.1. You and we warrant that we have legal authority to conclude this User Agreement. We warrant that we are authorized to offer the Candidate Portal in accordance with this User Agreement and that the Candidate Portal may be used substantially for ordinary use in ordinary circumstances.
9.2. All services offered by us in the candidate portal are for private use only. For the completeness, accuracy, suitability of the utilization or suitability of the candidate portal for specific purposes, no warranty and any liability in this regard is excluded. This does not affect statutory warranty claims.
9.3. Liability for indirect, exemplary, special, logical or accidental damage, data loss, consequential damage and loss of profit is expressly excluded.
9.4. Liability for power failures, other technical incidents or other circumstances beyond our control (including, but not limited to, disturbances in users' electronic data processing, acts of war, natural disasters, official regulations, terrorism, communication errors, business interruptions, failures or acts of third parties, unauthorized access , Misuse by you or loss of access data) is excluded.
9.5. For all other cases liability is limited to gross negligence and intent and is limited to the maximum value of EUR 600. The liability for personal injury is not restricted.
9.6. In order to carry out any necessary work, we are entitled to temporarily refrain from providing services. An uninterrupted operation can not be guaranteed and is not owed. In any case, we will endeavor to remedy any failures and disruptions as soon as possible.
9.7. The candidate portal is operated with the utmost care and we always endeavor to keep the contents virus-free. Due to the technical conditions, however, no guarantee or liability for the virus-free content of the candidate portal can be assumed. Before downloading information, software and files for their own protection, as well as to prevent the introduction of viruses to the Candidate Portal, they are required to ensure adequate security measures and the use of appropriate virus scanners or other technical protective measures for these purposes.
9.8. All warranty and liability limitations also apply to the companies, contractors, vicarious agents and employees affiliated with Trenkwalder.
9.9. You agree to indemnify us or our affiliates for any culpable violation of statutory or contractual provisions (including items 5.3 and 5.6). Our claim for damages is independent of which side we are claimed.
10. Updates and contractors
10.1. We reserve the right to update or change this User Agreement by providing appropriate information to you. This assumes that we have notified you in writing or by e-mail at least 30 days prior to the effective date of the changes to the Candidate Portal and that you have not objected to the changes within 14 days of receiving this notice. In the event of a timely disagreement, you and we have the right to terminate the respective separate agreement with respect to those parts affected by the change. The remainder of the respective agreement shall not be affected by such partial termination.
10.2. The contractual relationship and rights and obligations arising from the contract with you may be transferred by us in whole or in part to our Group companies. In this case, we will inform you in advance in writing.
11.1. We are entitled to send you the user agreement as well as all related documents (together: "documents") and other communications (eg letter of termination) in electronic form. You expressly consent to the electronic sending of documents and communications to your e-mail address that you provided to us during the registration process (see Chapter 2) (or that you subsequently updated).
11.2. Notices to us provided for in this User Agreement or in the law (eg, terminations) must be made in writing or by email to the address below (or, if we change them, to the alternative address communicated to you in accordance with this chapter):
Trenkwalder Personaldienste GmbH
Telephone: +49 89 99 19 99-0
12. Termination of the user agreement
12.1. Without prejudice to other rights to terminate this User Agreement and other termination rights set out in this User Agreement, you and we may terminate the User Agreement in accordance with the following:
(a) is initiated by you or by us if insolvency proceedings have been instituted against your or our assets or if an application to open such proceedings has been dismissed for lack of cost-effective assets or if the conditions for such proceedings have been opened or dismissed, or was, and with immediate effect; or
(b) by us, if due to a material breach of individual provisions (especially points 6.4, 6.5, and 6.6) of this User Agreement, it is not reasonable for us to maintain this User Agreement, in good faith, with immediate effect; or
(c) by us, if you transfer your rights and obligations to third parties without permission (see Item 14), with immediate effect; or (d) by us, if you verbally or threaten us or our customers, suppliers or employees verbally or in writing, with immediate effect; or
(e) by us, as long as we ourselves are licensees with regard to the candidate portal and the corresponding license rights (such as upon termination of a cooperation) are no longer available to us, with immediate effect.
12.2. Upon termination of this User Agreement, all rights granted to you under this User Agreement expire with immediate effect and your User Account will be suspended.
12.3. The following obligations and assurances remain at the end of this User Agreement, for whatever reason, indefinite:
(a) the provisions of Chapter 9, points 15.1 and 17.
13.2. If you wish to receive current job offers, offers and information electronically or by contacting us by phone, you can expressly agree to this option by selecting it.
A total or partial transfer of rights or obligations under this User Agreement to third parties is only possible after express prior written consent. However, we may transfer the rights and obligations under this User Agreement (in whole or in part) to existing and future Trenkwalder Group companies without your consent. In this case, we will inform you immediately in writing.
15. Jurisdiction and complaints
15.1. The law of the operator country applies. The headquarters of Trenkwalder Personaldienste GmbH is Munich. The place of jurisdiction is Munich.
15.2. Complaints may be sent to the above-mentioned address at any time, either by post or by e-mail, to Trenkwalder.
16.1. The waiver of rights can not be justified by the fact that we or any authorized third parties have failed to assert these rights.
16.2. To the extent permitted by law, you are not entitled, without our prior written consent, to offset our own claims against our claims or to withhold due payments for whatever reason.
16.3. Our fulfillment of the contract is subject to the condition that this is legally permissible. (Impermissible is a performance of the contract, inter alia, if these regulations of (national or international) foreign trade law, embargoes or other sanctions are contrary.)
16.4. Any agreements deviating from this user agreement shall only apply if they are made in writing. This also applies to the departure from the written form. Verbal collateral agreements do not exist.
16.5. Insofar as any provisions of this User Agreement and any other agreements on which this User Agreement is based are or become invalid, this shall not affect the validity of the remaining provisions. The ineffective provision will be replaced by a provision that comes as close as legally possible to the original purpose. The same applies in the case of contract gaps.