Terms and Conditions
Terms and Conditions
TERMS AND CONDITIONS
OF USE OF BIOTECHVIBES.COM
Date: November 17th, 2022
Version: No.1
§ 1. INTRODUCTORY PROVISIONS
1. The subject matter of these terms and conditions is to define the terms and conditions for the provision of services via the Website - www. BioTechVibes.com Website (hereinafter referred to as the "Portal") for the benefit of users in accordance with the Act of 18 July 2002 on Rendering Electronic Services. (i.e. Journal of Laws of 2020, item 344).
2. The Terms and Conditions are made available free of charge to all Users who can download, reproduce, and record them via the Portal.
3. The entity operating the Website is ExecMind Karolina Jarosińska (hereinafter "ExecMind") - ExecMind Karolina Jarosińska headquartered in Kraków, ul. Michała Bobrzyńskiego 14, 30-348 Kraków, VAT: PL8411466945, REGON: 147201167. The contact with ExecMind shall take place through:
a. an e-mail: info@biotechvibes.com
b. an phone: + 48 12 340 24 43
c. via the contact form available on Portal.
4. Capitalized terms used in these Terms and Conditions, unless expressly stated otherwise in the wording of the Terms and Conditions, shall have the following meanings:
a. CV - the user's curriculum vitae uploaded as part of the recruitment form in the form of an external file added by the user.
b. Contact Form - a form available on the Portal at: https://biotechvibes.com/contact allowing the User to contact ExecMind on all matters related to the functioning of the Portal, but also to make an enquiry about services.
c. Registration Form - a form used to set up an Account.
d. Candidate - means an individual who (i) expresses a desire to be employed as an employee and submits a job application to the Service or is redirected to the Recruiter's pages to submit a job application or (ii) sets up an Account on the Service.
e. Civil Code - means the Act of 23 April 1964 - Civil Code (Journal of Laws of 2022,item 1360, as amended).
f. Account – means a space on the Portal available to Users who are logged in (after providing their login and password).
g. Job Vacancy - a job advertisement published by the Recruiter or ExecMind on the Portal.
h. Privacy Policy - means the Personal Data Privacy Policy available at: http://BioTechVibes.com/privacy .
i. Terms and Conditions - means these Terms and Conditions for the provision of electronic services on the Portal.
j. Recruiter - means a natural person, a legal person or an organisational unit that is not a legal person conducting a business activity, who wishes to recruit an employee and submits a Job Vacancy on the Portal or sets up an Account.
k. GPDR- means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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).
l. The Act on Copyright and Related Rights - means the Act of July 4, 1994 on copyright and related rights (Journal of Laws of 2018, item 1191, as amended). ( Journal of Laws 2021.1062 t.j. as amended).
m. The Act on Electronic Services – means the Act of 18 July, 2002 on Providing Services by Electronic Means (Journal of Laws of 2019, item 123, as amended).
n. User, Users - means any person who makes use of the services offered by the Portal.
o. Logged-in User - a Recruiter or Candidate who has an Account and uses the services offered by the Portal.
5. The object of the services provided by ExecMind is:
a. preparation of job advertisements for publication,
b. publishing job advertisements,
c. receiving job applications from Candidates;
d. forwarding job applications to the Recruiter, or
e. redirecting Candidates to the Recruiter's form,
f. additional services: contact form, access to the Portal.
6. Services are provided on the basis of an agreement between ExecMind and the Recruiter.
7. Due to the continuous development of the services offered by ExecMind, their functional scope may change. Changes to the services indicated in section 5 are announced on the Portal and do not constitute an amendment to these Terms and Conditions.
8. The service of: (i) acceptance of job applications, (ii) transfer of job applications, (iii) redirection to the Recruiter's form and (iv) the Recruiter's Account is provided to the Candidate on the basis of Article 393 of the Civil Code.
§ 2. CONDITIONS OF USE OF THE PORTAL
1. The Portal operates under the provisions of these Terms and Conditions. Each User is obliged, as soon as he/she starts using the services offered by ExecMind, to familiarise himself/herself with and comply with the provisions of these Rules.
2. A prerequisite for using the services of the Portal, including the use of the data contained in the Portal, is to agree to be bound by the provisions of the Terms and Conditions.
3. The Terms and Conditions are intended to ensure undisturbed, lawful and orderly use of the Portal by the Users.
4. The content of the Portal forms a database of Job Vacancies (hereinafter “Database”) which is subject to protection under the Act of 27 July 2001 on the protection of databases. Unless otherwise specified in the Rules, it is prohibited to download or reuse for any purpose a substantial part of the database contained on the Portal.
5. Job Vacancy and Recruiters Profiles on the Portal are publicly available and anyone can read their content free of charge. Reading the job advertisements does not create a contractual relationship between ExecMind and a third party.
6. ExecMind declares that the materials and information published on the Portal, are collected and edited with due care. However, due to the nature of the services it provides, ExecMind does not accept any responsibility for the truthfulness, accuracy and factual accuracy of the information covered by the Portal resources.
7. For the proper functioning of the Portal, the data entered by the User must correspond to reality. ExecMind shall not allow the use of the Portal services requiring the provision of personal data anonymously or using a pseudonym, which is justified by the nature of the services provided, for which identification of persons is important.
8. It is prohibited to provide access to an Account to other persons.
9. The use of data and information available after logging into the Account and information sent electronically (e.g. by e-mail) by ExecMind is only permitted for the Portal User's own purposes. In particular, it is prohibited to use, process, publish or make available to other third parties data, presentations and other documents relating to ExecMind or the Portal without the prior written consent of ExecMind. Violation of the provisions of this paragraph by the User entitles ExecMind to seek damages from the User on general principles.
10. The User is obliged to use the Portal in accordance with the law and good manners, taking into Account the personal rights and intellectual property rights, in particular copyright, of ExecMind or third parties. It is forbidden to:
a. to provide false, inaccurate or outdated information or personal data when using the Portal, in particular it is forbidden to use vulgar words, to provide content contrary to facts, slander, insult, hate speech;
b. supplying unlawful content by the User using the Portal;
c. to violate in any way the personal rights, including the personal rights of persons creating content on the Portal, as well as third parties,
d. interfering with the operation of the Portal, including altering the Portal's code, using or posting viruses, worms, trojans, unauthorised extensions or other mechanisms that may adversely affect the operation of the Portal or ExecMind's software or devices or Users;
e. unless otherwise stated in the Terms and Conditions, copying, reproducing texts and elements from the Portal in whole or in part without prior written consent.
§3. TECHNICAL CONDITIONS
1. To use the services of the Portal, it is necessary for the User to have:
a. a device with access to the Internet (PC, laptop, smartphone, tablet),
b. current web browser, e.g. Firefox, Opera, Chrome Safari or other browser supporting HTML5, with IE 10.0 or higher (IE8 and IE 9 may have limited capabilities), or Android OS, IOS supporting HTML5.
c. an active and functioning e-mail Account.
2. ExecMind cautions that in order to use the full functionality of the Site and your Account, you may need to enable in your browser: Java, Javascript, Adobe Flash, XML, DHTML and support for SSL transmission encryption protocol.
3. The Portal uses cookies, which are small textual information stored on the User's terminal device (PC, phone, etc.). ExecMind uses cookies in order to ensure the proper functioning of the Site and for statistical purposes, e.g. research into the popularity of individual tabs. The rules for the use of cookies on the Site are described by ExecMind in its privacy policy in the "Cookies" section.
4. ExecMind cautions that use of the Portal's services may involve the standard risks associated with using the Internet and recommends that Users take appropriate measures to minimise these risks.
5. ExecMind recommends the use of legal software, including antivirus software, to ensure safe use of the services provided by the Portal.
11. ExecMind states that it uses third party hosting to provide the services and has entered an SLA. Server settings are optimised to minimise the duration of any service interruptions.
§4. GENERAL PROVISIONS FOR THE CONCLUSION OF THE CONTRACT
1. The agreement for the provision of the Portal access service is concluded under the provisions of the Terms and Conditions, for an indefinite period of time, at the moment when the User effectively displays any of the tabs of the Portal. In this case, the agreement for the provision of the Portal access service is terminated when the User leaves the Portal.
2. The contract for provision of the Contact Form service is concluded upon correct filling in the fields of the Contact Form with personal data, including, among others, name and surname, e-mail address, contact number (to this address Execmind will direct a possible reply to the message) and the content of the message (this information is necessary for the provision of the Contact Form service), confirmation of reading the Terms and Conditions and Privacy Policy and sending the message by pressing the "Send message" button or of equivalent content placed under the Contact Form. The agreement for the provision of the Form service is terminated at the moment when ExecMind provides an answer to the User's question which was submitted via the Contact Form. The contract for the provision of services concerning the provision of a profile to Users is concluded for an indefinite period of time when an Account is set up on the Portal. The agreement is dissolved on the day of deletion of the Account on the Portal and in situations described in the Terms and Conditions.
3. To properly set up an Account on the Portal, the Registration Form must be correctly completed.
4. The logged-in user has the possibility to manage and change the data provided at any time.
5. The logged-in user is obliged not to disclose the password to access the Account to any third party and is solely responsible for damages caused by such disclosure.
§ 5. ACCOUNT PROVISIONS – RECRUITER
1. Any Recruiter may set up an Account. However, he/she may only have one Account with a given e-mail address. The setting up, maintenance and cancellation of an Account is free of charge.
2. The setting up of an Account by a Recruiter is done via the Registration Form available on www.BioTechVibes.com. To set up or use an Account, it is necessary to have an email Account.
3. To set up his/her Account, the Recruiter:
a. fills in the Registration Form by providing his/her personal data: first name, company name, e-mail address, telephone number password;
b. confirms that he/she is familiar with the Rules of the Portal and accepts their content;
c. confirms that he/she has read the Portal's Privacy Policy and accepts its contents;
d. selects the "register now" button or a button with equivalent content placed under the Registration Form; (the moment at which the service agreement is concluded).
4. Only a person that is authorised to represent the Advertiser in the matter of recruiting new employees can make a request of setting up an Account.
5. Logging into an Account takes place using a login (e-mail address) and a password. The Recruiter declares that the person who has access to the login and password is a person authorised to represent him/her. At the same time, the Recruiter undertakes not to disclose, as well as to prevent disclosure to unauthorised persons, the login and password to the Portal. The Recruiter is responsible for the consequences of an unauthorised person gaining access to the Portal, unless ExecMind is at fault in this respect.
6. Using the Account, it is possible to edit already published advertisements, to monitor the history of submitted advertisements and to monitor applications received.
7. A Recruiter may set up his/her profile in the Account, which is accessible to all Portal Users.
8. Recruiter's profile consists of his/her identification data, his/her job advertisements, and an editable part. The information provided in the profile should be in correct English, complete, true, legal, including non-discriminatory, not misleading, and not containing any sexual content.
9. The Recruiter may terminate the Account at any time by submitting an appropriate instruction by sending an email to the email address specified in § 1.2.a of the Terms and Conditions. The cancellation of the Account will take place within three working days of the instruction.
10. ExecMind may terminate an Account if the Recruiter does not submit any any Job Vacancies within two years of its creation. ExecMind will inform the Recruiter of the intended deletion of the Account 14 days prior to deletion at the email address provided during Account registration.
11. If it is determined that a Recruiter is engaging in conduct that is prohibited by law or the Terms and Conditions, or that may violate the rules of social intercourse or the interests of ExecMind, particularly its good name, ExecMind may take any action permitted by law, including restricting the Recruiter's ability to use the Website and the Services provided through it.
§ 6 PROVIDING SERVICES TO THE RECRUITER
1. The Services to the Recruiter are provided through the Account. The Recruiter's Account is made available to the Recruiter after the conclusion of the Contract for the provision of electronic services or the submission of an Order.
2. A Recruiter who places a Job Vacancy on the Portal or sets up an Account expresses his/her willingness to employ an employee using the Services provided by the Portal.
3. Unless otherwise provided in the Terms and Conditions, the Services of the Portal for the benefit of the Recruiter are chargeable.
4. The Services are available to a Recruiter who has entered into an Agreement with ExecMind or has placed an Order for the Services provided by ExecMind.
5. The Services provided by ExecMind to the Recruiter consist of the following:
a. maintenance of the Account;
b. accepting a Job Vacancy, preparing a Job Vacancy for publication, publishing a Job Vacancy, accepting job applications from Candidates on behalf of the Recruiter;
c. forwarding these applications to the Recruiter, making accepted applications available within the Recruiter's Account for a period of 5 weeks after the application is submitted;
d. redirecting Candidates to the Recruiter Form.
6. Changes to the services indicated in section 5 shall be announced on the Portal and shall not constitute an amendment to these Terms and Conditions.
§ 7. SUBMISSION AND APPROVAL OF JOB VACANCY – RECRUITER
1. The possibility of adding a Job Vacancy is only possible after payment of the appropriate fee in accordance with §9 of the Terms and Conditions.
2. A Job Vacancy is advertised by completing and adding a form. The form must contain data describing the job position and the relevant requirements in accordance with the current form available on the Portal. All fields marked as mandatory must be completed.
3. The Job Vacancy Announcement form may only be completed and approved by the person named in the Contract or Order or the person authorised to represent the Recruiter in respect of recruitment. The person completing the Job Advertisement form shall be presumed to be the person authorised to represent the Recruiter in the conduct of the recruitment.
4. The completion and approval of Job Vacancy Announcement forms using bots or other automated email programs is prohibited.
5. The Job Vacancy Announcement will be available on the Portal for 30 days after its publication. After 30 days, the Job Vacancy Announcement will be removed from the Portal and, after this period, ExecMind will not accept new job applications based on this Job Vacancy Announcement. In order to extend the service, the Recruiter should submit a new advertisement with the same content.
6. As part of the operation of the Portal, ExecMind provides Recruiters with a form for Logged-in Candidates to apply for jobs. Once a Candidate has completed and submitted the application, the job application will be automatically routed to the Recruiter's panel (Employer Panel).
7. A Recruiter may opt out of the job application form provided by ExecMind on the Portal and provide a link or e-mail address to their own recruitment system. Candidates will be automatically redirected to the job application form when they follow the link to that recruitment system.
8. ExecMind shall be entitled to publish the advertisement in full or in summary form on other portals, forums, mailing lists, newsgroups, etc. to promote the advertisement.
§ 8. RULES CONCERNING THE PUBLICATION OF JOB VACANCIES
1. The vacancy notice shall contain an offer of paid work to a natural person who is not engaged in business activity or is self-employed. The offer of work may concern any lawful form of employment, in particular based on an employment contract, a contract for specific work or a contract of mandate and other forms of cooperation permitted by law.
2. The Job Vacancy notice should meet the following conditions:
a. be written in correct English.
b. contain an actual job offer. Fake job offers are prohibited.
c. the work offered and the terms and conditions of the work must be lawful and the offer must be for legitimate work and must not seek to violate the law
3. The advertisement may contain a specified remuneration, i.e. a remuneration stated in a specific amount or marked with a range from X to Y.
4. Only the following information may be requested from a Candidate in a Job Vacancy:
a. first name(s) and surname,
b. date of birth,
c. place of residence (correspondence address)
d. educational background,
e. previous employment history,
f. other personal data, if the provision of such data is necessary for the exercise of special rights provided for in the labour law.
5. The following information may not be requested in the advertisement:
a. racial or ethnic origin,
b. political opinions, religious or philosophical beliefs,
c. religious, party or trade union affiliation,
d. health status, genetic code, addictions or sex life,
e. convictions, judgments and fines;
f. other decisions made in judicial or administrative proceedings.
6. After 24 hours from the publication of the advertisement, it is not permissible to make modifications to the content of the advertisement which aim to change:
a. the entity offering the job from the Recruiter to another entity,
b. the location of the job,
c. the main duties and requirements of the employee,
d. the name of the job position,
e. the title of the vancancy,
f. salary range.
7. ExecMind is entitled to refuse to accept or publish an advertisement or to delete a Job Vacancy or Profile for reasons for which a Recruiter is responsible. A reason for which a Recruiter is responsible is, in particular, a breach of these Terms and Conditions or of generally applicable law, e.g. through the content or form of an advertisement, as well as through an act or omission of the Recruiter himself/herself.
8. ExecMind may remove a Job Vacancy or Profile in the cases referred to in the preceding sentence, provided that it has given the Recruiter prior notice by e-mail to cease the breach of the Rules, to remove the breach, to amend the Job Vacancy, and has given the Recruiter a period of at least 3 working days from the sending of such notice to do so. The obligation to inform in advance does not apply if the removal of the advertisement or Profile is aimed at avoiding or removing the consequences of committing a crime or offence.
9. In the event of removal of an advertisement or Profile for reasons attributable to the Recruiter, the Recruiter shall not be entitled to any claim against the Service, in particular, no right to a full or partial refund of the price paid or any compensation.
10. In the event of removal of an advertisement for reasons attributable to ExecMind, the Recruiter will receive a refund of the price paid corresponding to the proportion that occurs between the number of days of the agreed period of publication of the advertisement in question and the number of days remaining to the end of that period, after the day on which the advertisement was removed from the Portal. The payment will be made within 7 days after the Recruiter has provided a bank account for the refund.
§ 9. RECRUITER - PRICE OF SERVICE
1. ExecMind is an active VAT payer.
2. For the provision of services, the Recruiter is obliged to pay the remuneration due for the services provided. The amount of remuneration and the available packages are determined on the basis of the conditions specified in the price list, available at www.BioTechVibes.com/pricing .
3. ExecMind reserves the right to introduce promotions/discounts in any form and at any time, without giving reasons.
4. ExecMind reserves the right to change the price of services, conduct and cancel promotions. However, this does not limit in any way the rights acquired by the Recruiter; i.e. the new fee rates do not apply to advertisements already paid for by the Recruiter.
5. Changes to the price list are announced on the Portal's website and do not constitute amendments to these Terms and Conditions.
6. The basic price of the service is the price for one advertisement, which contains only one offer.
7. The service price is a net price, to which VAT should be added at the rate applicable in accordance with the provisions of law.
8. The service price is expressed in currency: Euro or US Dollar, and payment shall be made exclusively in Euro or US Dollar depending on the currency selected.
9. A requirement for the placement of a Job Vacancy is payment in accordance with the price list.
10. Payment can be made by means of:
a. Electronic payment by card (credit and debit card) through authorised services, in accordance with the information made available on the Portal.
b. by PayPal, whose operator is PayPal (Europe) S.à r.l. et Cie, S.C.A22-24 Boulavard Royal, L-2449 Luxembourg.
c. To pay by traditional bank transfer to ExecMind's bank account please contact us on: info@biotechvibes.com .
11. The available current payment methods are specified each time on the Portal, and the introduction of changes in this respect, will not constitute an amendment to these Terms and Conditions.
12. Settlement of electronic payment and payment card transactions is carried out according to the Recruiter's choice through authorised services.
13. If the Recruiter decides not to post a Job Vacancy or to remove a published Job Vacancy, the Recruiter shall not be entitled to a claim for a refund of the Remuneration paid or a price reduction.
14. The Recruiter is obliged to provide a valid Tax Identification Number. (VAT number)
15. The Recruiter agrees that ExecMind may issue VAT invoices without signature and that ExecMind may receive invoices electronically, to the email address provided during Account registration.
16. Within 7 days after payment of the price, an invoice will be issued and sent in PDF format to the Recruiter's email address.
17. In the case of the purchase of a single advertisement, the Recruiter has the option of publishing it on the Portal within 30 days from the date of payment. After this period, publication of the advertisement is possible after a renewed payment according to the price list.
18. In the case of the purchase of advertisement packages, the Recruiter has the option to publish the advertisements from the package within the time limit specified in the information provided when purchasing the advertisement at www.BioTechVibes.com/pricing .
19. A Recruiter who is not established in the EU is obliged to provide an up-to-date, correct and verifiable VAT number or a similar number assigned to the Recruiter by the country of establishment for the identification of entrepreneurs (VAT number) or declare that he or she does not have such a number. If the VAT number provided is outdated, incorrect or unverifiable, ExecMind is entitled to immediately remove the advertisement from the Portal and request the Recruiter to provide a current, correct and verifiable VAT number. The removal of the advertisement shall be deemed to be due to the fault of the Recruiter.
§ 10 CANDIDATE
1. A Candidate is an individual who (i) sets up an Account on the Portal (ii) expresses his/her willingness to employ himself/herself as an employee and (iii) submits a job application on the Portal or is redirected to the Recruiter's pages to submit a job application.
2. The Candidate may be self-employed.
3. The Services of the Website referred to in para. 1 are provided free of charge to the Candidate.
4. Acceptance of a job application after it has been filled in and approved by the Candidate and transfer of this application to the Recruiter or redirection to the Recruiter's pages for submission of a job application is automatic. If there is a technical impediment to the transfer of a Job Application, ExecMind will periodically (no less than once per day) for 30 days attempt to transfer the Job Application to the Recruiter. ExecMind will notify the Candidate at the email address provided of unsuccessful attempts to forward the application.
5. ExecMind undertakes to perform the Service properly. The Candidate should report any objections to the services provided to ExecMind in accordance with the complaints procedure set out in § 13 of the Terms and Conditions.
6. The Candidate may communicate with ExecMind using the means of communication indicated in § 1, section 2, point d of the Terms and Conditions, and with the Recruiter directly using the means of communication indicated in the specific job advertisement, if any.
7. The Candidate may avail, inter alia, of the following out-of-court means of complaint handling or redress:
a. the Candidate may apply to the Permanent Arbitration Consumer Court operating at the Trade Inspectorate to resolve the resulting dispute
b. Candidate may apply to the provincial inspector of the Trade Inspection to initiate mediation proceedings for the amicable settlement of a dispute between him/her and ExecMind,
c. the Candidate may obtain free assistance in resolving a dispute between him/her and ExecMind, using the district (municipal) consumer ombudsman or a social organisation whose statutory tasks include consumer protection (e.g. Federation of Consumers, Association of Polish Consumers).
§ 11. ACCOUNT PROVISIONS – CANDIDATE
1. A Candidate may only have one Account with a given email address. The setting up , maintenance and cancellation of an Account are free of charge.
2. The setting up of an Account by a Candidate is done through the Registration Form available at the Portal. In order to set up or use an Account, it is necessary to have an email account. To set up his/her Account, the Candidate:
a. fills in the Registration form by providing his/her personal data: name, surname, e-mail address, telephone number password;
b. confirms that he/she has read and accepts the Terms and Conditions of the Portal;
c. confirms that he or she has read the Portal's Privacy Policy and accepts its contents;
d. selects the "register now" button or a button with equivalent content placed under the registration form; (the moment when the agreement for the provision of services is concluded).
3. Logging into the Account takes place via the e-mail address and password provided during Account registration.
4. Using an Account, a Candidate can: automatically fill in job applications for submission on the Portal, browse Job Vacancies, monitor the history of submitted job applications and configure the preferences of their Account, including completing their profile.
5. It is unacceptable for a Candidate to use the Account for purposes other than those indicated in section 4. In particular, a Candidate may not use the Account to send advertisements and marketing information to other Portal Users. It is prohibited to place content on the Portal that constitutes an offer to buy or sell, including in particular trade in items, the circulation of which is prohibited by law.
6. If a Candidate uses the Portal for purposes other than those specified in § 5, including in particular the sending of information and marketing advertisements to other Users of the Portal, o, ExecMind shall also have the right to and claim from the User compensation for damages on general principles.
7. Automatic filling of job applications is possible after the Candidate fills in the CV form. The Candidate can stop using this service at any time by deleting the data from the CV form.
8. The Candidate may, through the functionalities available on the Portal, add data and information to their Account, including but not limited to:
a. first and last name,
b. personal photo,
c. contact details (email address, telephone number, link to your LinkedIn profile),
d. description of own professional experience,
e. the Candidate's education and training history,
f. a CV file, other files (e.g. cover letter, evidence of skills).
9. By publishing the information in his/her Account referred to in this paragraph, the Candidate acknowledges that he/she is fully responsible for its content, including its compliance with the Portal Terms and Conditions and with generally applicable laws, including in particular the provisions of the Act on Copyright and Related Rights and the GPDR.
10. The Candidate may terminate the Account at any time by submitting an appropriate instruction by sending an e-mail to the e-mail address specified in §1 section 2 point a of the Terms and Conditions. The Account shall be terminated within three working days of the instruction being given.
11. Termination of the Account does not affect the submitted job applications.
12. ExecMind reserves the right to delete the content published by a Candidate within the Account and the Service in the case of violation by a Candidate of the rules applicable on the Portal, in particular the provisions of §2 section 5 of the Terms and Conditions.
13. When a Candidate applies to a Recruiter's advertisement placed on the Portal with his/her application and job, the profile of that Candidate is made available to that Recruiter to the extent of the Candidate's data marked by him/her in the profile as visible or to the extent of the data made available to him/her by the Candidate.
14. If a Candidate becomes reasonably aware that an Account contains prohibited data or that the posting of such data violates the Rules, the Candidate shall remove the data from the Account and adjust the manner in which it is presented to comply with the requirements of the Terms and Conditions.
15. If it is determined that a Candidate is engaging in conduct that is prohibited by law or the Rules, or that may violate the rules of social conduct or that may harm the interests of ExecMind or a Recruiter, in particular their good name, ExecMind may take any action permitted by law, including restricting the Candidate's use of the Portal and the services provided through it.
16. ExecMind may terminate an Account if a Candidate violates the provisions of these Terms and Conditions or the provisions of generally applicable law. ExecMind will summon the Candidate to stop violating the Terms and Conditions or the law by email no later than 3 days before deleting the Account.
17. ExecMind reserves the right to refuse to provide services to a Candidate, including deletion of his/her Account, if the Account has been set up again after the Account has been deleted by ExecMind, resulting from a violation of the Terms and Conditions.
18. The termination or blocking of an Account for the reasons set out in the Terms and Conditions shall not give rise to any claim against ExecMind, and in particular shall not entitle ExecMind to claim damages.
19. The provisions of this clause of the Terms and Conditions do not preclude ExecMind from taking other actions if they are provided for by the provisions of the Terms and Conditions or by law in force in the territory of the Republic of Poland.
§ 12. RIGHTS AND OBLIGATIONS OF THE CANDIDATE
1. The job application should be written in English or in another language if this possibility is clearly indicated in the Job Vacancy.
2. The information provided in the job application should be complete, truthful and not misleading. Vulgar or sexually explicit information in job applications is prohibited.
3. A job application should contain a genuine response to the job offer. Fake job applications are prohibited.
4. A job application must not seek to violate the law, in particular it must not seek to illegally obtain information from the Recruiter.
5. You may only be required to provide the following details in your job application:
a. first name(s) and surname,
b. date of birth,
c. place of residence (address for correspondence),
d. education,
e. description of previous employment history,
f. provision of other personal data if the provision of such data is necessary for the exercise of special rights provided for in the labour law.
6. A candidate is not required to provide information in a job application about:
a. racial or ethnic origin,
b. political opinions, religious or philosophical beliefs,
c. religious, party or trade union affiliation,
d. health status, genetic code, addictions or sexual life,
e. convictions, criminal convictions and criminal fines, or other decisions made in judicial or administrative proceedings.
7. If a job advertisement directly or indirectly requires other data than that indicated in section 5, ExecMind requests that such information be provided to ExecMind immediately.
8. By filling in the data in the Account, the Candidate declares that its content does not constitute unlawful data in accordance with the wording of §2 section 5 of the Terms and Conditions and that its publication on the Service does not violate the rights of third parties.
§ 13. PRINCIPLES OF LIABILITY
1. ExecMind is not responsible for the content of the Job Vacancies and Profiles submitted by Recruiters. ExecMind declares that the preparation (by ExecMind) for publication of Job Vacancies and Profiles is of a formal nature and in principle does not interfere with the content of the Job Vacancies and Profiles.
2. The provision of incorrect or incomplete identification data by the Recruiter may result in the failure to provide or the incorrect provision of the requested services, for which ExecMind is not responsible.
3. ExecMind is not responsible for:
a. damages resulting from the discontinuity of the provision of the services due to circumstances for which ExecMind is not responsible (force majeure, acts and omissions of third parties, etc.);
b. improper and not caused by ExecMind operation of the mechanisms of the Portal;
c. the correctness and timeliness of the data contained in the Recruiters' advertisements and for their selection or suitability for specific purposes;
d. loss of data by the User due to external factors or other circumstances beyond the Service Provider's control, including those for which the User is at fault;
e. decisions or actions that the Candidate takes on the basis of the data contained in the Portal, including advertisements, and for their selection or suitability for specific purposes;
f. any damage caused to third parties as a result of the User's use of the Services in a manner contrary to the Terms and Conditions or the law;
g. content made available by the User as a result of using the Services, which content violates the law or the rights protected by law of third parties (including works within the meaning of the Act on Copyright and Related Rights);
h. the User provides false, outdated or incomplete data or information, as well as the lack of authenticity or reliability of information and data provided by the Users on the Portal;
i. services, applications and websites provided by third parties;
j. the consequences of a third party gaining access to the User's password, if this is due to the User's fault.
4. ExecMind reserves the right to temporarily not provide services if the provision of services is not possible due to force majeure events beyond ExecMind's control (e.g. fire, flood, extreme weather events, war, strike, pandemic, threat of pandemic).
5. ExecMind does not guarantee to the Recruiter that anyone will apply for a job, the veracity of the applications submitted, the economic value to the Recruiter of the applications submitted, or the employment of anyone in the position advertised.
6. ExecMind does not guarantee to a Candidate that a Recruiter will contact, offer a job or hire.
7. ExecMind, once a job application has been forwarded to a Recruiter, is not involved in the dealings between the Recruiter and the Candidate and is therefore not responsible for the outcome and nature of those dealings.
8. The Portal is provided on an "as is" basis, i.e. it is available in the current version which may contain defects and no better alternative version is available. Therefore, ExecMind does not provide any guarantee for the services provided, including any guarantee of quality.
9. ExecMind does not warrant that the Portal's servers are free of computer viruses or other malware, and therefore ExecMind is not liable for damage caused by computer viruses and malware.
10. ExecMind does not guarantee that the content of the Portal, including the advertisements themselves and the Profiles will be free from defects, in particular inactive links, inaccuracies or typographical errors.
11. ExecMind is not liable for lost profits.
12. Recruiters to whom paid services are provided may not claim from ExecMind, on a contractual or any other basis, compensation the total amount of which would exceed 50% of the fee paid for a paid service that has been performed improperly or not performed.
13. The above limitations of liability shall not apply to damage caused by ExecMind's wilful misconduct, nor shall they apply to the extent that they are not permitted under applicable law.
14. Users shall indemnify ExecMind for any and all damages incurred by ExecMind in connection with their use of the Portal, including the content of any job advertisement, job application submitted, including in the number of damages ExecMind's costs of proceedings, court entries, costs of legal representation and other reasonable expenses.
15. ExecMind reserves the right to implement technical interruptions to the Service of up to 48 hours per calendar month. Whenever possible, ExecMind will carry out this work during the hours of darkness i.e. between 24:00 and 6:00 am. ExecMind will make every effort to notify Users of planned maintenance, repair and modification and development of functionality. Users have no claims against ExecMind related to technical interruptions.
16. The Recruiter is responsible for the compliance of the advertisement with the applicable legislation.
§ 14. COMPLAINTS PROCEDURE
1. ExecMind shall exercise due diligence to ensure the proper level of functioning of the Portal.
2. Users are entitled to lodge a complaint at any time. A complaint may concern the non-compliance of the provided service with the terms of the purchased service specified in these Terms and Conditions or the violation of their rights under mandatory provisions of law.
3. A complaint may be made in the form of an e-mail to the address indicated in §1 item 2 of the Terms and Conditions.
4. The complaint should include, depending on the type of complaint, some (or all) of the identifying information from those listed below:
a. The name of the person making the complaint
b. The company of the Recruiter and the number of the job application submitted,
c. the number of the job application submitted,
d. e-mail address,
e. subject and circumstances of the complaint - description of non-compliance of the service provided with the service ordered or violation of the User's or third party's rights under these Terms and Conditions or mandatory provisions of law, or any other possible reason for the complaint,
f. the proposed manner of resolving the complaint,
g. indication of the damage, if any.
5. In the event of non-conformity of the service provided with the service purchased, the Recruiter shall have the right to demand the rectification of the non-conformity, a reduction in the price of the service for the period of non-conformity, the termination of the contract or the payment of compensation if damage has been caused as a result of the non-conformity.
6. The complaint shall be handled by ExecMind. The time limit for handling and responding to a complaint is 30 (thirty) days from its receipt by ExecMind in correct and complete form. Failure of ExecMind to respond shall mean that the complaint is accepted in accordance with its contents, except for claims for damages.
7. The complainant shall receive a response in the form of an e-mail sent to the e-mail address from which the complaint was sent.
8. If ExecMind negates the complaint, the User or a third party may exercise other rights or take legal action against ExecMind.
9. The User has the possibility to use the ODR platform for the resolution of disputes between consumers and businesses, seeking out-of-court settlement of disputes concerning contractual obligations arising from an online sales contract or service contract.
§ 15. INTELLECTUAL PROPERTY RIGHTS
1. Copyrights related to the Portal, in particular the layout and formula of making the content available on the Portal, are protected by the Act on Copyright and Related Rights.
2. All rights to the content of the Portal, including its graphic elements, selection and layout of the Portal's pages, content, logos, and other Portal elements are reserved and constitute the subject of exclusive rights vested in ExecMind or other entitled entities.
3. Users of the Portal are not entitled to copy, modify, reproduce, distribute or download in whole or in part the contents of the Portal, unless expressly stated otherwise.
4. Any infringement of the above rights may result in civil and criminal liability.
5. The Recruiter declares that:
a. the Job Vacancy and the Profile do not infringe the rights of third parties, in particular the copyrights and personal rights of third parties
b. he/she disposes of the respective proprietary copyrights to the trade names as well as the graphic and word marks and other materials and content provided in the Job Vacancy or published on the Portal, the Profile or the Account.
6. The Recruiter shall be fully and solely responsible for the content of the advertisements and logos in relation to third parties and shall be obliged to cover costs related to the settlement of claims of persons whose rights have been violated because of the content, publication or other use of the advertisement.
7. The Recruiter grants ExecMind a royalty-free, non-exclusive, time and territory unlimited licence to use the trade names and the graphic and word marks and other materials and content (hereinafter “the Works”) provided in the Job Vacancy, Account or profile for the purpose of performing the Services and for marketing purposes in particular to undertake promotional activities in relation to the Job Vacancy.
8. The licence referred to in paragraph 7 is granted in the following fields of exploitation:
a. in the scope of recording and multiplication of works - production of copies of the work by a specified technique, including magnetic recording technique and digital technique
b. in the scope of circulation of copies - introduction into circulation, lending or rental of copies, translation, adaptation, rearrangement, or any other changes to the works, with preservation of the rights of the person who made these changes,
c. with respect to dissemination of Works in other ways - public performance, exhibition, display, reproduction, as well as broadcasting and re-broadcasting, as well as making the Works available to the public in such a way that everyone can have access to them at a place and time of their own choice, including the Internet, in all techniques and technologies, as well as public performance, exhibition, use in whole or in part in ExecMind's publishing materials, including promotional, informational and training materials, including during presentations and conferences, and in such a way that anyone can access it from a place and at a time individually chosen by them, including in telecommunication and computer networks or in connection with the provision of telecommunication services, including - with the use of interactive services for this purpose
d. for use in the promotion and advertising of the activities carried out by ExecMind.
9. The Recruiter shall have the right to terminate this licence in writing on 3 months' notice.
10. ExecMind is entitled to grant sublicences to third parties for the purpose of providing the Service.
11. ExecMind shall have the right to combine parts or all of the Works with other works, to modify the Works or parts thereof, including translation, adaptation, rearrangement, abridgement and to make further developments and adaptations using the Works.
12. The Recruiter agrees that ExecMind may disseminate for marketing purposes information about the Recruiter's use of the Portal's services (hereinafter the "Reference") during the period of use of those services and for a period of 10 years after the end of use of those services. The Reference will include the Recruiter's identification data (company name or trade name, with graphic and word mark).
13. The dissemination of information on the use of the services will consist of the posting of information on the Portal or in paper and electronic publications (including commercial offers) in one or more.
14. The Recruiter agrees that his or her Reference may be placed on the Portal or in publications directly next to the References of others and in the order adopted by ExecMind. The Reference may be used by ExecMind in the fields of exploitation indicated in §8 section 15 of the Terms and Conditions, to which the Recruiter agrees.
15. The Recruiter may, with ExecMind's consent, supplement the Reference with an entry about his/her use of the Portal's services. The supplementation of the Reference may also constitute a separate Reference if ExecMind so decides and may be supplemented by ExecMind with the Recruiter's company name, trade name and graphic and word mark.
16. A Reference may be removed from the Portal within 30 days of the Recruiter submitting in writing a reasoned objection to the publication of the Reference.
§ 16 PROTECTION OF PERSONAL DATA
1. Every User of the Portal has the right to have his/her privacy protected by ExecMind.
2. The rules regarding the processing of data of Portal Users by ExecMind as the controller are set out in the Privacy Policy available at https://biotechvibes.com/privacy.
3. The Recruiter declares that it is the controller of the personal data of Candidates who have applied for its Job Vacancies.
4. The Recruiter, as the controller of the personal data of Candidates who have applied for a job with their CV, is obliged to include the content of the information obligation and the relevant consent clauses under the forms of the recruitment advertisement.
5. Pursuant to Article 28 GPDR, the Recruiter, as of the date of conclusion of the agreement for the provision of services as a controller of personal data, entrusts ExecMind (hereinafter “the Processor”) with the processing of the data of Candidates who have submitted a job application with a CV via the appliction form made available on the Portal, in particular the data referred to in §6 section 4 of the Terms and Conditions (hereinafter: the Entrusted Personal Data), within the scope limited to the following activities: recording, storage, disclosure by transmission, deletion.
6. The Recruiter, as the controller of the personal data, is fully responsible for the existence of a legal basis for the processing of personal data provided to ExecMind.
7. The Recruiter shall ensure that appropriate technical and organisational measures are implemented so that the processing of data meets the requirements towards the protection of personal data and protects the rights of data subjects, in particular:
a. the application of technical and organisational measures to ensure the protection of the processed data - an adequate level of security corresponding to the risks involved in the processing of personal data, in particular securing the data against unauthorised access, loss, damage or destruction.
b. the IT equipment and systems in place for the processing of personal data shall provide an adequate level of security;
c. ensure control over the correctness of data processing
d. provide authorisations to persons authorised to process personal data;
e. exercise special care to ensure that the persons authorised to process personal data keep them confidential, also after the processing of the entrusted personal data has been completed, inter alia by informing them of the legal consequences of breaching the confidentiality of the data and collecting declarations on keeping the data confidential.
8. ExecMind declares that it implements appropriate technical and organisational measures to ensure a degree of security of the processing of the Entrusted Personal Data corresponding to the risk of infringement of the rights or freedoms of natural persons taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of the processing, in particular:
a. the application of technical and organisational measures to ensure the protection of the personal data processed, including the protection of the data against unauthorised access, removal by an unauthorised person, damage or destruction,
b. pseudonymisation and encryption of personal data;
c. the ability to continuously ensure the confidentiality, integrity, availability and resilience of the processing systems and services;
d. the ability to rapidly restore the availability of and access to personal data in the event of a physical or technical incident;
e. regularly test, measure and evaluate the effectiveness of technical and organisational measures to ensure the security of processing.
f. to allow to process personal data, only persons who have an authorisation issued by it and by keeping a register of persons authorised to process personal data,
g. to exercise particular care to ensure that persons authorised to process personal data keep them confidential, also after the processing of the entrusted personal data has been completed,
h. to ensure control over the correctness of data processing.
9. ExecMind undertakes to assist the controller in carrying out the obligations set out in Articles 32 to 36 of the GPDR.
10. The Recruiter and ExecMind agree that in the processing of the Entrusted Personal Data, they will cooperate closely with each other through their designated contact persons, keeping each other informed of all circumstances that have or may have an impact on the performance of the processing of the Trusted Personal Data.
§ 17. COMMERCIAL INFORMATION
1. ExecMind may send, by e-mail, non-personalised commercial information (hereinafter "Commercial Information") to Recruiters and Candidates with an Account who have given their prior consent. The Commercial Information relates to services provided by ExecMind, changes to the Portal and planned new products.
2. Commercial information will be sent no more than once a month.
3. You may revoke your consent to receive Commercial Information at any time by notifying ExecMind in any form - e.g. in writing, by telephone, by email or by clicking on a link in any email that is a Newsletter.
4. The consent referred to in sections 3-4 constitutes the consent to receive commercial information at the provided e-mail address within the meaning of Article 172(1) of the Act of 16 July 2004. Telecommunication Law and Article 10(2) of the Act on rendering electronic services.
§ 18. FINAL PROVISIONS
1. ExecMind reserves the right to make changes to these Terms and Conditions for important reasons, if this is caused by the need to modify the Portal, changes to the operating processes, modernization of the Portal, adjustment of the Portal to the requirements of law, or justified comments of Users. The new version of the Terms and Conditions shall apply to services which have been ordered or started to be used after the announcement of the change of the Terms and Conditions. In the case of existing Users of the Portal, the amendments to the Terms and Conditions shall be binding for them after 14 calendar days from the date of introducing the change and informing the Users.
2. In the event of changes to the Terms and Conditions, its new content shall be announced on the Platform.
3. The User who does not agree with the changes to the Terms and Conditions is entitled to submit a termination notice within 14 days of receiving an e-mail about the change to the Terms and Conditions. The User may submit a statement of termination in electronic form by sending such a statement by e-mail to: info@BioTechVibes.com If the User submits a notice of termination, such notice shall have the effect of terminating the agreement upon delivery of such notice to ExecMind.
4. ExecMind reserves the right to place advertising content on the Portal in the form’s customary on the Internet.
5. The Portal is governed by the laws of Poland, and all matters relating to the use of the services and Account shall be governed by the relevant provisions of the laws in force in the territory of the Republic of Poland.
6. The Terms and Conditions have been drawn up in one language version: English.
7. Any disputes arising from the use of the Portal, including the provision of the Services, will be settled by the Polish common court.
8. If any provision of the Terms and Conditions is found to be invalid by a valid court decision, the remaining provisions of the Terms and Conditions shall remain in force.
Date: November 17th, 2022.
Version: No. 1
