Skillerjobs Terms of Use
Version 1.0 — 14/05/2024
1. Definitions
The following terms have the following meanings.
User
the person who uses the Platform to find out about vacancies and apply for them
User account
the combination of a username and password that allows User to access the Platform
User profile
a collection of information about the User on the Platform, including:
- data that the User has entered on the Platform himself (such as the User's resume and all data contained therein), and
- data resulting from User's activities on the Platform (such as User's search or application behavior)
Terms of Use
these Skillerjobs Terms of Use, which apply to the contractual relationship between Skillerjobs and User
SEE
intellectual and industrial property rights, including copyrights, related rights, brands, trade names and logos, drawings and models, patents, database rights and software, registered or unregistered
Customer
a legal entity that uses Skillerjobs' services to generate, publish and manage vacancies via the Platform
Platform
the online platform called Skillerjobs, developed and managed by Skillerjobs, through which User can take note of vacancies and apply for them. The Platform can be made available via one or more websites and/or via one or more mobile apps
Skiller jobs
Skillerjobs BV, with registered office at Schaliënhoevedreef 20/T, 2800 Mechelen (Belgium) and with company number 1002.834.401
Requirements
the Skillerjobs General Terms and Conditions, which apply to the contractual relationship between Skillerjobs and its Customers
2. Scope
2.1 Only these Terms of Use apply to the services that Skillerjobs provides to the User via the Platform. These Terms of Use do not apply to the services that Skillerjobs provides to its Customers; the Terms apply to this.
2.2 By using the Platform, User accepts these Terms of Use. If User does not accept these Terms of Use, User may not use the Platform.
2.3 Skillerjobs can change its Terms of Use at any time unilaterally in accordance with changes in its range of services, its trade policy and any economic and legal needs. The amended Terms of Use apply immediately as soon as they are posted on the Platform for performance that Skillerjobs provides from then on.
3. Skillerjobs performance
3.1 Skillerjobs makes the Platform available to the User via a User Account.
3.2 The Platform lists vacancies from Skillerjobs Customers that may be of interest to the User. Via the Platform, the User can specifically search for vacancies and apply for them. User can define and store queries in the Platform.
3.3 Skillerjobs can regularly send User notifications of published vacancies that are potentially of interest to the User. Skillerjobs assesses whether vacancies are potentially interesting for the User based on an analysis of data in the User's User Profile. User can adjust the frequency and method of sending these notifications in the account settings.
3.4 When User creates a User Account, Skillerjobs can make certain information from the User's User Profile visible to, and suggest for consideration to, Skillerjobs Customers. More information can be found in article 5.
3.5 Skillerjobs is constantly developing the Platform. It is therefore possible that Skillerjobs' performance changes and/or that performances are added or stopped. User has no right to maintain a certain performance by Skillerjobs. If the User does not agree to a change in the performance of Skillerjobs, the User can only stop using the Platform and/or delete his User Account.
3.6 Skillerjobs does not act as an employment agency or agent of Customers or Users. Skillerjobs offers the Platform only as an independent contractor and does not have the authority to act on behalf of Customers or Users or decide on employment.
4. User account
4.1 If the User wants to create a User Account, he provides Skillerjobs with a valid email address and a password. To guarantee authenticity, Skillerjobs will then send a confirmation email asking the User to complete their registration by clicking on a link in the email.
4.2 The agreement between User and Skillerjobs takes effect as soon as Skillerjobs activates the User Account. Skillerjobs reserves the right not to activate the User Account and to refuse to enter into the agreement.
4.3 User may only create one User Account. A User Account is non-transferable.
4.4 A User Account is created permanently and is not automatically deleted after a search cycle ends or after a certain period of time has elapsed. User can delete his User Account at any time.
5. User Profile
Skillerjobs analyses the data in the User Profile to improve the performance it provides to the User, for example to:
5.1 To recommend jobs to the User that are as closely as possible tailored to their qualifications, needs and preferences;
5.2 to automatically fill out forms on the Platform;
5.3 to improve the User's search experience and make the application process more efficient.
6. User's obligations
6.1 User is solely responsible for providing the hardware and internet connection necessary to use Skillerjobs' performance.
6.2 Customer complies with Skillerjobs' policy regarding acceptable use of the Platform (“Acceptable Use Policy”) as set out in Appendix 1.
6.3 The Customer fully indemnifies Skillerjobs against all third-party claims resulting from Customer's failure to comply with these Terms and Conditions, and in particular the Acceptable Use Policy.
6.4 Skillerjobs has the right (but not the contractual obligation) to monitor compliance with the Acceptable Use Policy and to take appropriate measures if necessary. Skillerjobs may suspend or terminate the Account with immediate effect if Customer does not comply with any provision of these Terms (and in particular the Acceptable Use Policy). Skillerjobs judges this in a careful, objective and proportionate manner, based on the seriousness and frequency of the offence and with due attention to the rights and legitimate interests of all involved.
7. Digital Services Act
7.1 The content restrictions that Skillerjobs imposes on the use of the Platform are included in the Acceptable Use Policy. Skillerjobs does not practice algorithmic content moderation.
7.2 Reports about content that violates the Acceptable Use Policy, and in particular about illegal content, can be submitted to support@skillerjobs.com. Skillerjobs will respond to the report within fifteen working days.
7.3 Complaints about how Skillerjobs moderates certain content can be submitted to support@skillerjobs.com. Skillerjobs will respond to the complaint within fifteen working days.
8. Prices and payment
8.1 The performance of Skillerjobs to the User is free of charge.
9. Exclusion of warranties
9.1 Skillerjobs does not guarantee that the Platform is completely free of minor “bugs” and errors, but only that they do not materially impair the use of the Platform. Skillerjobs provides the Platform “as is”. Skillerjobs does not guarantee suitability for a particular use or purpose. Skillerjobs also does not guarantee that the Platform's features meet the performance requirements and expectations of Users, except as defined in these Terms.
9.2 User understands that the Platform is an online application and that all User software and data will work from Skillerjobs' servers. Skillerjobs is not liable if a defect or failure of the Platform is due to (i) network or communication problems between User and Skillerjobs, (ii) failure or defect in software or hardware that does not come from Skillerjobs, (iii) the fact that changes or changes were made to the Platform without Skillerjobs's permission, or (iv) if User fails to report a defect immediately to Skillerjobs together with documentation and information relating to the circumstances of the defect.
9.3 The Platform may link to external websites. Skillerjobs is not responsible for these external websites, including their availability or content. Links to external websites can be removed at any time. Any concerns regarding an external website should be addressed to the administrator of the external website.
9.4 Although Skillerjobs requires its Customers in its Terms and Conditions to only enter truthful data on the Platform, Skillerjobs is not responsible for the quality of the vacancies nor for the accuracy of the data that Customers enter. Skillerjobs does not screen vacancies. The User is responsible for checking the accuracy of a Customer's details or the validity of a vacancy.
9.5 Skillerjobs does not guarantee the topicality, correctness, completeness, usability or suitability of the content of the Platform, and in particular of the vacancies on the Platform.
9.6 Skillerjobs does not guarantee that an employment contract will be concluded between User and Customer.
9.7 Skillerjobs does not guarantee that the services will be available at certain times or permanently. Failures, interruptions or possible performance downtimes cannot be ruled out. For technical or operational reasons, availability may be temporarily limited.
9.8 The Skillerjobs servers are regularly backed up carefully. Nevertheless, data loss cannot be ruled out. User is advised to make backup copies of the data that User enters on the Platform.
9.9 Skillerjobs does not guarantee a minimum storage capacity for the User Account. Skillerjobs reserves the right to temporarily or permanently limit the data volume for uploading data, in particular if this is necessary for technical or user-friendly reasons, for example to maintain or optimize the service.
9.10 Skillerjobs has no control over how the Customer uses or makes public the information that User enters into the Platform. User must include this directly with the Customer. Skillerjobs is not responsible for the Customer's application process.
10. Duration
10.1 User and Skillerjobs can terminate User's User Account with immediate effect at any time.
10.2 If the User's User Account is terminated, Skillerjobs will delete the personal data in User's User Profile or store this data in an anonymized form for analytical purposes, unless further processing is required by law.
11. Liability
11.1 Skillerjobs only undertakes best efforts.
11.2 If the User is of the opinion that Skillerjobs is in breach of performance, only these Terms and Conditions apply. Skillerjobs' extra-contractual liability for non-performance is excluded, within the legal limits, regardless of whether the breach would constitute an unlawful act.
11.3 Skillerjobs is not liable for loss of use, damage to or damage to software, damage to or loss of data, loss of profit, loss of profit, income, savings, goodwill or business opportunities, reputational damage or any indirect or consequential loss that occurs in connection with its performance.
11.4 Since Skillerjobs only acts as an intermediary between User and Customer, Skillerjobs assumes no liability to the User, even in the event of gross negligence. This exclusion of liability does not apply in the event of intentional error.
11.5 Skillerjobs is not liable if it is unable to fulfil its obligations due to force majeure. Force majeure are reasons that reasonably escape her control. This includes: fire, flood, strikes, labour unrest or other disruptions in economic life, unavoidable accidents, embargoes, blockages, legal restrictions, riots, government measures and pandemic.
11.6 Insofar as Skillerjobs' liability is excluded or limited, this also applies to the personal liability of Skillerjobs' legal representatives, managers and execution agents.
12. SEE
12.1 All IP associated with the Platform, including the rights to the software software (including future updates or upgrades), are and remain the sole property of Skillerjobs.
12.2 User receives a non-exclusive right of use with regard to the Platform during the period specified in article 10.
12.3 User may not copy, edit, compile, merge, assemble, edit, imitate, dissect, reverse engineer or otherwise attempt to find its source code the software, applications, data or other materials owned by Skillerjobs.
12.4 Data or data that User enters into the Platform's databases, directories or file folders are and remain the property of User. Skillerjobs is not responsible for the accuracy and legality of data or data that User enters.
13. Confidentiality
13.1 Information that one party provides to the other party as part of performance is treated confidentially. This confidentiality does not apply to the following exceptions:
- 13.1.1 the information was already freely publicly available, without this being due to any infringement by the receiving Party;
- 13.1.2 the information had legally and freely come into the receiving Party's possession; or
- 13.1.3 the receiving Party developed the information independently, without using the confidential information disclosed by the disclosing Party.
The receiving party claiming that one of these exceptions applies must prove this.
13.2 Confidential Information always remains the property of the providing Party. Receiving confidential information does not mean that the recipient receives an IE or license it.
13.3 These confidentiality obligations also apply during the pre-contractual period of negotiation. These obligations remain in effect for one year after the end of performance.
14. Data protection
Skillerjobs processes User's personal data in accordance with the General Data Processing Regulation and its Privacy Statement.
15. Other provisions
15.1 These Terms of Use form the entire agreement between Skillerjobs and User and replace any prior discussions. These Terms of Use also apply to the extra-contractual relationship between the parties. They also apply during the pre-contractual phase.
15.2 If any provision of these Terms of Use is deemed illegal, invalid or unenforceable under applicable law, the remaining provisions will remain legal, valid and enforceable. The provision in question remains binding to the fullest extent permitted by law and is limited to its maximum valid scope. Skillerjobs and the User will also negotiate in good faith to replace the illegal, invalid or unenforceable provision with a provision that is legal, valid and enforceable and that is as close as possible to the economic and financial purpose of the original provision.
15.3 These Terms of Use are governed by Belgian law. The courts in Antwerp (Belgium) have jurisdiction to hear disputes related to the Terms that the Parties are unable to resolve amicably.
Appendix 1 - Acceptable Use Policy
1. Technical regulations
1.1. An account password (Customer Account, End User Account, and User Account) is kept strictly confidential. If a third party may or may have actually had access to the password, it should be changed as soon as possible.
1.2. The data entered on the Platform must not contain viruses, worms or other malicious code.
1.3. You are not allowed to provide code or data with the intent or effect of damaging, disrupting, disabling, harming, affecting, disrupting, intercepting, expropriating, or otherwise obstructing the Platform or data, programs, systems, equipment, or communications, or that would cause a violation of applicable law.
1.4. It is not allowed to circumvent functionality restrictions or suspensions.
1.5. You are not allowed to prevent the use of the Platform by others.
2. Non-technical regulations
2.1. Customers and Users do not act unlawfully. In particular, Customers and Users do not provide content on the Platform that violates the rights of third parties, such as intellectual property rights and/or trade secrets. Customers and Users ensure that the use of the Platform does not violate any contractual or non-contractual obligations.
2.2. Customers and Users comply with all laws and regulations that apply to vacancies and to the use of the Platform, in any applicable jurisdiction. This applies in particular, but not exclusively, to laws and regulations related to employment discrimination (based on gender, race, religion or belief or otherwise), racism and xenophobia, harassment, harassment, threats, slander, robbery, recruitment and selection, the provision of fictitious jobs for advertising reasons, protection of personal data, protection of minors, protection of investors. The selection criteria for a vacancy must be reasonably relevant to the position.
2.3. Customers and Users ensure that all data they enter on the Platform is truthful. No fictitious vacancies are posted on the Platform.
2.4. Customers and Users do not pretend to be any other person, e.g. a representative or officer of a company or government, or even Skillerjobs. Customers and Users do not give the impression that they are in a relationship with another person when this is not the case.
2.5. Customers and Users do not use the Platform to store, publish and/or send advertising, junk or mass emails, spam, chain letters, pyramid schemes, multi-level marketing programs (MLM), or any other commercial communications. The Platform may not promote jobs that require any form of payment before a candidate can start. Customers and Users do not post pornographic content on the Platform.
2.6. Customers and Users do not use scraping or similar techniques to capture content and use it for any other purpose, republish, or use it in any way other than for the intended purpose of performance.
2.7. Customers and Users do not use techniques or other automated services that aim or cause Customer's activities to be misrepresented, e.g. by bots, bot-nets, scripts, apps, plug-ins, extensions, or other automated tools to play content, send messages, comment, or perform other actions.
2.8. Customers and Users will not collect, store or transfer personal information from another user of the Platform unless that person has given their consent.
2.9. Customers and Users may not request or enter the following categories of personal data on the Platform: (a) personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; (b) genetic data or biometric data to uniquely identify an individual; and (c) information about health or sexual orientation.
2.10. Customer and Users provide personal data via the Platform at their own responsibility and risk. Customers and Users are advised to be careful when forwarding certain sensitive information such as identity card number, national register number or bank details.
2.11. Customers and Users do not link to third-party content that violates the above regulations.
2.12. You are not allowed to change, modify, translate, reformat, resell, frame or reverse engineer any part of the Platform.
2.13. You are not allowed to remove a copyright, trademark, or other proprietary rights.
Skillerjobs Privacy Statement
Version 1.0 — 14/05/2024
Skillerjobs (hereinafter “we”, “we” or “us”) is aware that the privacy and protection of the personal data of our Customers and Users of our platform are important. In this privacy statement, we explain how we handle and process your personal data.
1. Definitions
The following terms have the following meanings.
User
the person who uses the Platform to find out about vacancies and apply for them
User account
the combination of a username and password that allows User to access the Platform
User profile
a collection of information about the User on the Platform, including:
- data that the User has entered on the Platform himself (such as the User's resume and all data contained therein), and
- data resulting from User's activities on the Platform (such as User's search or application behavior)
Terms of Use
intellectual and industrial property rights, including copyrights, related rights, brands, trade names and logos, drawings and models, patents, database rights and software, registered or unregistered
Customer
a legal entity that uses Skillerjobs' services to generate, publish and manage vacancies via the Platform
Platform
the online platform called Skillerjobs, through which User can take note of vacancies and apply for them. The Platform can be made available via one or more websites and/or via one or more mobile apps
Skiller jobs
Skillerjobs BV, with registered office at Schaliënhoevedreef 20/T, 2800 Mechelen (Belgium) and with company number 1002.834.401
Requirements
the Skillerjobs General Terms and Conditions, which apply to the relationship between Skillerjobs and its Customers
2. Scope
2.1 Skillerjobs BV manages the Platform. We act as data controller when we process the personal data of our Customers and Users.
2.2 We believe it is important to create and maintain an environment where our Customers and Users can be sure that their information is not being misused. We comply with applicable data protection regulations, such as General Data Protection Regulation 2016/679 (AVG or GDPR) and national data protection laws. These regulations relate to the protection of your personal data and grant you rights with respect to that personal data.
2.3 The purpose of this privacy statement is to specify what personal data we collect and how we use your information after you visit our website and to ensure that we handle your information correctly.
3. What personal data do we process, why, and on what legal basis?
Login details: username + password
Identification data (name, first name, email, mobile phone number)
CV
Search and job interview behavior
Legitimate interest
If a User applies for a vacancy via the Platform, Skillerjobs forwards certain User personal data to the Customer. This is essential for the performance that Skillerjobs provides. The User must consult the Customer's privacy statement himself to find out how this Customer/Employer deals with applicants' personal data.
Contact details, login details and identifiers
Legitimate interest
4. How do we use and share your information?
4.1 Users
If You are a User of our Platform, we may share your personal data with Customers and with any third party with whom you have asked us to share your personal data.
4.2 Customers
If You are a Customer of our Platform, we do not share your personal data with third parties except as indicated below.
4.3 General
4.3.1 Based on our legitimate interest, we may share your personal data with third parties who assist us with our products and services. Some examples of third-party activities include web server hosting, data analysis, marketing support providers, and customer service. These companies get access to your personal data, but only when strictly necessary to carry out their activities. They are not allowed to use your information for other purposes.
4.3.2 Your personal data is neither sold nor rented to third parties.
4.3.3 We may disclose your personal information to enforce our policies, comply with our legal obligations, or in the interests of security, public interest, or law enforcement in any country where we have entities or branches. For example, we can respond to a request from a law enforcement agency or regulatory or government agency. We may also disclose information in the context of actual or proposed lawsuits or to protect our property, safety, people, and other rights and interests.
4.3.4 In the event that our business is sold or merged with another company, your information will be disclosed to a prospective buyer's advisor and transferred to the company's new owners. In that case, we will take appropriate measures to ensure the integrity and confidentiality of your personal data. However, the use of your personal data remains subject to this privacy statement.
5. Transfer of your personal data outside the European Economic Area
5.1 We may transfer your personal data to third parties located in third countries (outside the European Economic Area (EEA)). This transfer of data outside the EEA is lawful if the recipient of the data is located in a country that offers an adequate level of protection after an adequacy decision by the European Commission. Some of those countries may not have equivalent data protection laws to protect the use of your personal information. In this case, we have investigated whether appropriate safeguards such as those within the EU are possible, e.g. by providing standard contractual clauses. In specific cases, we ask for your prior consent to transfer your personal data outside the EEA. For more information about the transfer of data, you can follow the procedure described in the article “Rights of the data subject”.
6. Rights of those involved
Data protection legislation provides for various rights for the data subject with regard to the processing of personal data so that the data subject can continue to exercise sufficient control over the processing of his or her personal data. You have the following rights.
6.1 Right of access/inspection
6.1.1 You have the right to obtain confirmation from us as to whether or not your personal data is being processed. In the positive case, you can request access to your personal data.
6.1.2 You have the right to obtain confirmation from us as to whether or not your personal data is being processed. In the positive case, you can request access to your personal data.
- (i) the processing purposes;
- (ii) the categories of personal data concerned;
- (iii) the recipients or categories of recipients to whom the personal data was provided;
- (iv) transfer to recipients in third countries or international organizations;
- (v) if possible, the period for which the personal data is expected to be stored, or, if that is not possible, the criteria for determining that period;
- (vi) that you have rights with respect to your personal data as listed in this section;
- (vii) where we have not obtained your personal data from you, any available information about the source of that data;
- (viii) the existence of automated decision-making, including profiling, and useful information about the underlying logic of this decision-making and the importance and expected consequences of that processing for the data subject.
6.1.3 We will provide you with a copy of the personal data that we hold if you request it. If you repeatedly and disproportionately request additional copies, we may charge a reasonable fee.
6.2 Right to improvement
6.2.1 If you find that we have inaccurate or incomplete personal data about you, you always have the right to report this to us so that we can take the necessary steps to correct or supplement this information.
6.3 Right to be forgotten
6.3.1 You can also request that we erase your personal data if the processing is not in accordance with data protection laws and within the limits of the law.
6.4 Right to restrict processing
6.4.1 You can request that processing be restricted if:
- (i) the accuracy of the personal data has been questioned and for the period to verify the accuracy;
- (ii) the processing is unlawful and you do not want us to erase the data;
- (iii) we no longer need the data, but you are asking not to delete it as it is necessary to exercise or defend legal claims;
- (iv) an objection to the processing is made pending the explanation of the legitimate interests that outweigh your interests.
6.5 Right to portability
6.5.1 You also have the right to obtain your personal data that you have provided to us in a structured, commonly used and machine-readable form. You have the right to transfer this personal data (directly to us) to another controller. This is possible if the processing is based on your consent and based on processing via an automated process.
6.6 Right to object
6.6.1 When your personal data is processed for direct marketing purposes (including profiling), you can always object to this processing.
6.6.2 You can also object to the processing because of a specific situation related to the data subject. The organization will stop processing unless the organization provides compelling legitimate grounds for processing that outweigh the interests of the data subject or are related to the exercise or defense of legal claims.
6.7 Automated individual decision making
6.7.1 The data subject has the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects for him or that otherwise significantly affects him, such as evaluating personal aspects related to the performance of work, reliability, creditworthiness, etc.
6.7.2 This right not to be subject to such automated decision-making does not exist when the decision is permitted by a mandatory legal provision.
6.7.3 The person concerned cannot invoke this right either if the decision is necessary for the conclusion or execution of the agreement between the person concerned and the organization or is based on the explicit consent of the person concerned. In these last two cases, the person concerned does have the right to human intervention from someone from the organization and has the right to express his point of view and to challenge the automated decision.
6.8 Right to withdraw consent
6.8.1 If you have given us your consent to process your data for a specific processing purpose, you can withdraw this consent at any time by sending an email or via your account.
6.8.1 If, when you registered on the website, you chose to receive commercial emails, newsletters, etc. from us, you can unsubscribe at any time if you change your mind.
6.9 Procedure for exercising rights and other provisions
6.9.1 We may ask you to verify your identity to ensure that your request is lawful and that we provide the response to the person entitled to send one of the above requests and obtain the information.
6.9.2 Please note that in certain circumstances provided by law, we may refuse access to your information or grant your request where we have the right to do so under applicable data protection laws.
6.9.3 If you would like more information about the processing of your personal data or if you want to exercise your rights, please contact us at support@skillerjobs.com.
6.9.4 You have the right to file a complaint with the competent supervisory authority (data protection). For Belgium, this is the Data Protection Authority, located at Drukpersstraat 35, 1000 Brussels (contact@apd-gba.be).
6.10 Safety
6.10.1 We are committed to ensuring the security of your information. We have taken reasonable technical and organizational measures to protect your personal data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or unauthorized access to, the transmitted, stored or otherwise processed data. However, please note that the Internet is an open system and that we cannot guarantee that it will be impossible for unauthorised third parties to circumvent these measures or use your personal data for inappropriate purposes.
6.10.2 This website may contain links to third party websites. We are not responsible for the content of those websites, nor are we responsible for the privacy standards and practices of those third parties. Please ensure that you read and understand the relevant privacy statements of those third parties and their websites before accepting their cookies and visiting their website to ensure that your personal data is adequately protected.
7. Changes to this Privacy Statement
7.1 We may amend and update this privacy statement from time to time to ensure that the policy always correctly reflects how we process your personal data. The updated version of this privacy statement will be posted on the same webpage and will take effect immediately upon publication. Please return to this webpage regularly to ensure that you are always aware of the information we collect and process, how and under what circumstances your information is used, and in what cases we share your information with third parties.
