Terms and Conditions for Companies

Here follows the terms of use for operators of SmartRecruiters GmbH, Winsstraße 62 / 63, 10405 Berlin, registered at Amtsgericht Charlottenburg under HRB153616B (hereinafter referred to as “SmartRecruiters”).

SmartRecruiters provides a personalised recommendations engine for job advertisements (hereinafter: the “Platform”). Through our website and mobile app, users can access aggregated and classified job advertisements from other Internet job portals. The job advertisements presented to users are hence not offered by SmartRecruiters, but rather aggregated from other websites. The job advertisements are only fully displayed on the external job portals. Search parameters and other filters are specified by the user. Our services are free of charge and do not entail any obligations on the user. We provide the services on an “as is basis” and do not assume any warranty or guarantee. Our liability for correctness and completeness of information on linked websites is excluded. Proposals for amendments are welcome.

For companies, SmartRecruiters offers an additional service: SmartRecruiters allows companies to set up an employer profile with which they may present themselves to potential job candidates. For use of this additional service, please see the following terms and conditions:

1. No Remuneration

Unless expressly agreed otherwise, SmartRecruiters provides its services to the company free of charge.

2. Access to the Portal / Data

2.1

The company is required to provide complete and truthful information when using the platform. SmartRecruiters is entitled to demand the submission of an extract from the company register and other certificates as it deems necessary or appropriate for the settlement of the contractual relationship.

2.2

SmartRecruiters provides the company with access to the employer portal. To generate a profile, it is necessary for the company to create an account including the basic information required.. The company does not have the right to an account. When registering the account, the company representative is obliged to indicate their genuine identity, address, telephone number and e-mail address. The phone number must not be a value-added service number, and the postal address specified must not be a PO box. The e-mail address provided will be used as the means of communication between the company and SmartRecruiters. The account must be first activated by SmartRecruiters. During the contract period, this data must remain up-to-date.

2.3

When the profile is first created, access to the company’s profile may be made available by the company to one or more administrators, and SmartRecruiters optionally provides data pursuant to paragraph 5. The original administrator who created the account may grant or revoke access to additional administrators. With the appointment of an administrator the company grants him a power of attorney to accept and submit declarations in connection to this agreement.

3. Terms and Rules of the Portal

3.1

The company agrees that these terms and relevant legislation must be observed when creating its profile.

3.2

The company must indicate an imprint on its company profile containing the required information acc. to §5 TMG. This concerns in particular the name or trading name of the company, its authorised representatives, information on where the company is registered, the registration number and address details for fast electronic contact, and information on the value added tax identification number according to § 27a of the VAT Act or the Economic Identification Number according to § 139c of the Tax Code.

3.3

In using the services of SmartRecruiters, the company commits:

  1. to refrain from the use of automated software (e.g. script programs), especially when the purpose of this software is to generate or obtain certain data;
  2. to keep all administrator passwords secret;
  3. to regularly use updated anti-virus programs and to establish and maintain necessary arrangements for the regular backup of data;
  4. to regularly maintain their SmartRecruiters profile, in order to keep the organisation’s corporate data and the data on available jobs up-to-date;
  5. to notify SmartRecruiters immediately of any errors detected;
  6. not to use any applications that may lead to a change in the physical or logical structure of the used network and applications; and
  7. to ensure that any files uploaded to the service are free of malicious software. SmartRecruiters is not obliged to check such files for malicious software.

3.4

To protect SmartRecruiters and other users of the portal, the company undertakes to further refrain from:

  1. allowing account access to third parties without the prior written consent of SmartRecruiters, except for eligible employees of the company where it is necessary for business purposes;
  2. attempting technical or content manipulations of the portal; and
  3. affecting the operation of the portal and its technical infrastructure and functions, or to encumber with viruses, software, scripts, robots or databases used in connection with use of the portal.

4. Regulatory Compliance, Rights of Third Parties, Exemptions, Bans

4.1

The company commits itself not to infringe the rights of third parties, and to comply with provisions of intellectual property rights, in particular of data protection law, criminal law, copyright and / or trademark law, and legal provisions on the prevention of undeclared work when entering and retrieving data and information via the statutory and regulatory provisions of the portal. In particular, it is forbidden:

  • to offer or distribute racist, pornographic, immoral, unlawful, violent content or content in violation of youth protection laws, or to advertise, offer or distribute products.
  • to send harmful, threatening, defamatory, violent, racist, nuisance or other objectionable content through the service regardless of whether these contents relate to SmartRecruiters and/or other persons or companies.
  • to carry out acts that are likely to affect the functionality of the portal, in particular to overload same.

4.2

SmartRecruiters is exempt from any liability arising from the breach of paragraph 4.1 and the company must support SmartRecruiters in legal defense to the best of its ability. If the alleged infringement by SmartRecruiters is based on data, configurations and / or other information, made accessible on the SmartRecruiters portal by the company or on initiative of the company, that violate copyrights, trademark and / or other intellectual property rights of third parties, SmartRecruiters may require the company to pay any possible amounts of damages or costs, or to pay for reasonable legal defence, insofar as SmartRecruiters has not contributed through negligence.

4.3

If there is a reasonable suspicion that an infringement of paragraph 4.1 has occurred, SmartRecruiters is entitled to deactivate the account of the company, as well as to remove the company profile integrated into the portal. The company will be immediately informed in the context of what is legally permissible.

5. Data

SmartRecruiters will provide the company with aggregated data (but no personal user data). Companies may only use the data provided by SmartRecruiters for their own purposes. Disclosure to third parties may only take place with the prior consent of SmartRecruiters.

6. Public Relations

SmartRecruiters is entitled to share the names of participating companies with third parties, particularly in the context of press releases and on the platform. SmartRecruiters may use companies’ business name and logo in this regard when this does not give the impression that the content is presented by the participating company.

7. Blocking, Deletion

7.1. If the company infringes these Terms of Use, applicable laws or third party rights, SmartRecruiters may partly or completely terminate or completely erase the company’s account and / or profile.

7.2. It is prohibited for a company whose account and / or profile was deleted or blocked to apply for a new account or new profiles – even under other names.

8. Liability

8.1

SmartRecruiters is only liable, for whatever legal reason, in accordance with the following provisions:

8.2

Subject to the following, where paragraph 3 is not otherwise regulated, the liability of SmartRecruiters for damages – regardless of the legal nature of the asserted claim and also after SmartRecruiters has been granted a deadline for performance – is excluded. SmartRecruiters is not liable, subject to the following paragraph 3 regarding retrievable and entered information, nor for the accuracy, completeness or timeliness, nor for their legality nor unencumbered awareness of rights of third parties, for damages to legal interests of the company as well as for loss of profit, missed savings, damages resulting from claims of third parties and other indirect and consequential damages.

8.3

The limitations of liability in accordance to paragraph 2 do not apply to bodily injury, to damage to health and life, as well as persons and property damages under the Product Liabil ity Act and to intentional or grossly negligent damages, that SmartRecruiters or its agents are liable for. They also do not apply in the case of fraudulent concealment of defects or the takeover of a guarantee of quality and / or for any damages incurred as a result of a slightly negligent breach of contractual obligations. In these cases the following applies:

  1. SmartRecruiters is liable for injury to life, limb or health and / or for personal injury and / or property damage under the Product Liability Act under the respective statutory provisions.
  2. SmartRecruiters is also liable in accordance with statutory provisions for its own intentional or grossly negligent conduct and appropriate behaviour of the agents of SmartRecruiters.
  3. In the case of fraudulent concealment of defects or the takeover of a guarantee of quality and / or for any damages incurred as a result of negligent breach of contract, SmartRecruiters is liable under the statutory provisions, however, in the latter case only for the amount of the typically foreseeable damage.

8.4

Unless after paragraph 3 unlimited liability is given, SmartRecruiters is liable for all claims for damages or reimbursement of expenses to a limitation period of one year. Otherwise, the statutory limitation periods apply.

9. Termination

Either party may terminate this agreement at any time without notice.

10. Transfer

SmartRecruiters is entitled to transfer the rights and obligations under this contract in whole or in part, to a third party. In this case, SmartRecruiters will inform the company at least four weeks before rights / compulsory transfer of this and inform the contractor that it deserves an extraordinary termination right. The company may then immediately terminate the license agreement.

11. Final provisions

11.1. These terms shall be governed by German law.

11.2. The place of jurisdiction for all fundamental disputes arising from this agreement is Berlin.