Terms and Conditions of Sale
Further information about the processing of personal data is contained in the Privacy Statement.
1. Scope
1.1
ictjob SRL/BV (hereinafter referred to as "ictjob") and the undersigned partner company (hereinafter referred to as "the Client") accept these Terms and Conditions and the price structure agreed. These Terms and Conditions and the price structure agreed constitute the complete agreement between ictjob and the Client. The Client's own terms and conditions of sale will therefore not apply without ictjob's explicit written agreement.
1.2
The entire relationship between the Client and ictjob will be subject to the Terms and Conditions of Sale in accordance with the latest contract agreed between the Client and ictjob. These Terms and Conditions only apply to corporate Clients. They do not therefore apply to end users.
2. Acceptance of the Contract
2.1
The contract between the Client and ictjob will only enter into effect on receipt of the formal agreement of the Client to the proposed contract submitted by ictjob. The Client's agreement can only be confirmed on receipt of the proposed contract, signed by the Client and mentioning the date of the agreement. Any appendices to the contract, declarations and specific instructions relating to the contract and amendments to the contract must be made in writing. ictjob deems "faxes" to be valid written documents. However, electronic messages (including emails) will not be accepted.
3. Description of Services
3.1
This contract sets down the conditions by which ictjob supplies the products and provides the services agreed between the Client and ictjob by this contract, published on ictjob's website: www.ictjob.be
("Services Provided") in accordance with these Terms and Conditions of Sale. The period during which constituent parts of the service provided by ictjob to the Client will be published, as well as the period during which the services can be accessed, will be at least twenty hours a day. Our Additional Terms and Conditions of Sale also give a description of the services provided. This description also applies.
3.2.
By accepting the proposed contract, the Client authorises ictjob to use the details that it provides to complete various statistical analyses and surveys. However, if the results of these analyses and surveys are published, they will be done so anonymously.
3.3
No non-competition clauses, in any form, will be accepted.
4. Prices
4.1
All information relating to payment for services provided by ictjob to the Client are contained in the price structure sent to the Client. The applicable price structure is that which is in force and sent by ictjob to the client at the same time as the proposal. Services other than those covered in ictjob's price structure are subject to separate agreements between ictjob and the Client.
5. Payment
5.1
The prices described in article 4 of these Terms and Conditions of Sale include all supplementary costs incurred on the part of ictjob by the provision of services to the Client. These supplementary costs include sending emails, sending faxes, photocopying and postage costs, transferring data and telephone calls generally incurred by ictjob in the provision of its services. However, any costs incurred by ictjob in modifying, correcting or verifying data are not included in these supplementary costs, if this arises because of mistakes contained in the data submitted to ictjob by the Client. If and when the total of these supplementary costs exceeds the average costs incurred by individual orders, ictjob will inform the Client of this. Provided that they have agreed to this, the Client will be held liable for any such supplementary costs.
5.2
In terms of constituent parts of the service provided by ictjob to the Client, ictjob permits the correction of any parts which have been published if they contain any errors. If the error is not attributable to negligence on the Client's part, the first correction is free. However, ictjob will invoice the Client for any further correction in accordance with the price structure in force at the time that the request for the correction was submitted. If ictjob make a mistake when making a correction, the additional correction required will be made free of charge.
5.3
ictjob will send the invoice to the Client either on the date that a constituent part of the service provided to the Client is first supplied, or 10 days after the contract is accepted by the Client if no constituent part of the service provided by ictjob to the Client has been provided because of the Client. The deadline for these invoices is 10 days after the date the Client receives the invoice.
Unpaid or overdue invoices will result in ictjob invoicing the Client for interest at a rate of 10% above the base rate of the European Central Bank, as well as collection costs. In the case of unpaid invoices, ictjob can suspend or withhold the services covered by the contract until the Client has paid any outstanding invoices in full. If the Client asserts the right of retention, this clause no longer applies. If ictjob has come to an agreement with the Client regarding payment of the invoice by instalments, and if the Client has not paid this invoice within 30 days of the due date, the total amount of the invoice must be paid by the Client immediately.
5.4
All prices quoted by ictjob exclude VAT which is payable on the date of invoice.
6. Collaboration
6.1
ictjob's fundamental philosophy is to continue to improve the quality and quantity of responses to job postings uploaded by the Client. Ictjob also has a tireless commitment to working on the quality and accuracy of all of the tools with which it provides the Client to facilitate their search for the best candidate for the vacancy that they need to fill. This philosophy can specifically include the development of all sorts of partnerships with offline and online media companies. By agreeing to these Terms and Conditions of Sale, the Client authorizes ictjob to publish any or part of the constituent parts of the service provided by ictjob, without first notifying the Client of this. This goes for online and offline media, as well as for printed and audio and/or video media. ictjob is committed to being particularly strict about the quality and image presented by its media partners.
6.2
All rights conferred upon the Client by this contract are under no circumstances be sold or transferred to any third party. The contract can only be transferred with the explicit authorization of ictjob.
6.3
By agreeing to this contract, the Client also authorises ictjob to send, by post or email, any surveys, newsletters, reports and business correspondence which may contribute to ictjob's ongoing commitment to improving its quality standards. The Client reserves the right to withdraw consent for this kind of communication, and ictjob will comply with this withdrawal as soon as possible after notification to this effect is received from the Client.
6.4
ictjob reserves the right to refuse any order submitted by the Client, or unilaterally withholding any published constituent part of the service provided to the Client which would constitute a breach of the law or any other official regulations; or if this order or constituent part infringes the rights of third parties, or sound moral ethics. ("Illegal Content".) The same applies if any constituent part of the service supplied to the Client contains one or more links which lead directly or indirectly to pages with any illegal content. This does not affect the Client's obligation to pay for the service in question. ictjob is only responsible for deleting illegal content which constitutes a breach of the law, or on the explicit request of the Client. By accepting these Terms and Conditions, the Client agrees to indemnify and protect ictjob, on request, against the payment of any fines or legal costs following the publishing of illegal content, or in the case of a breach of the law.
6.5
ictjob does not accept any responsibility relating to data received from the Client or any candidates, the text contained in job postings, or the related media required to store this data. In particular, ictjob is not responsible for keeping or returning this data to the Client.
6.6
ictjob reserves the right to use any agents that they choose to appoint.
6.7
The Client is solely responsible for any aspects relating to the configuration and good working order of their technological and IT infrastructures. They will use the most effective equipment and methods available to guarantee that their infrastructure cannot be the source or the target of any malfunctions or interference to the level of Internet service provided by ictjob, or that might interfere in any way with the performance of the interconnected network.
6.8
The Client must assure ictjob that the content that they publish on the Internet or submit to ictjob to be published does not contain any elements which may be subject to rights belonging to third parties. By accepting these Terms and Conditions of Sale, the Client agrees to indemnify and protect ictjob, on request, against any damages incurred by ictjob following a violation by the Client of this regulation.
7. Intellectual Property Rights
7.1
Contracts between the Client and ictjob do not transfer any (intellectual) property rights, licences or usage rights from ictjob to the Client. All of ictjob's rights (including, but not exclusively, rights connected to the logo, copyrights, special rights connected to data and titles, trademark rights, databases rights and all commercial rights) remain the property of ictjob without any restrictions.
7.2
All of the content and all kinds of documents published through ictjob are subject to ictjob's intellectual property rights (trademark rights, copyrights, databases rights and special rights connected to data). However, individual components of any content created by the Client will not be subject to ictjob's intellectual property rights if these components are already subject to the Client's intellectual property rights and if ictjob is not called upon to make any modifications or revisions to these components.
7.3
By accepting the contract proposed by ictjob for providing online publishing space for job postings, the Client recognises that ictjob is the creator of the databases of job postings submitted by the Client and published by ictjob.
7.4
The Client is solely responsible for ensuring that the content submitted to ictjob for publication in its database of job postings complies with all laws relating to the press, regulations relating to competition law and any other applicable regulations.
7.5
By accepting these Terms and Conditions of Sale, the Client grants ictjob the licence to use, communicate to third parties and reproduce the content, data, trademark, trademark name, logo or any other words or symbols belonging to the Client in order to provide constituent parts of the service provided by ictjob to the Client under this contract. In the same way, by submitting an order the Client warrants that they have acquired, by any means, all necessary usage rights, copyrights and additional copyrights, so that ictjob can provide all of the constituent parts of the service supplied by ictjob to the Client. This includes, but is not limited to, the publication of content and any Client information on the Internet.
8. Warranties
8.1
ictjob warrants that it will do everything in its power, to the best of its abilities, to provide all of the constituent parts of the service provided by ictjob to the Client, as they are described in the relevant documentation. Where supplying a constituent part of the service provided by ictjob to the Client involves developing software, ictjob will do everything in its power to develop software that does not contain any errors. By accepting these Terms and Conditions of Sale, the Client recognises that, because of the technological complexity involved, it is neither possible nor economically viable to develop software that is totally error-free.
8.2
The Client warrants that they will make available to ictjob all documents and constituent parts of the content required to achieve the objectives set out in this contract. In particular, this includes supplying the text for the job postings to be published, as well as all elements relating to the electronic formatting and layout of these job postings. This also includes the Client's obligation to warn ictjob immediately if one of the constituent parts of the service supplied by ictjob to the Client has expired. Furthermore, the Client must comply with the obligation to cooperate as specified in the relevant Additional Terms and Conditions of Sale or, where applicable, in the descriptions of constituent parts of the service supplied by ictjob to the Client. If ictjob judges that the Client has not complied with this obligation when required to do so, the amount of time ictjob will have to provide its services will be extended accordingly. This measure will not apply if ictjob is responsible for any delay.
9. Liability
9.1
Subject to the conditions set out in articles 9.2, 9.3, 9.4 and 9.5 of these Terms and Conditions of Sale, ictjob's liability is restricted to the limits set by the law in force and to direct loss (excluding indirect, specific, additional or punitive damages and interests for loss of profits or income, for loss of commercial information, for any interruption to their business, or for any invasion of privacy) up to the amounts specified below:
9.1.a. If damage is caused by a delay in the provision of services on the part of ictjob: 0.5% of the price of the constituent part of the service provided by ictjob to the Client concerned per "whole" week (7 days) that the provision of the service is delayed, capped at 5% of the price of the contract for the constituent part of the ictjob service concerned.
9.1.b. If damage is the result of any other factor, this total is capped at 5% of the price of the contract.
9.2
ictjob does not accept any liability related to the following points:
9.2.a. The accuracy and authenticity of data published by ictjob on the Client's request. ictjob cannot be held liable for information and statements contained in this information.
9.2.b. Actions by third parties with whom the Client has entered into an agreement to carry out obligations specified within these Terms and Conditions of Sale.
9.2.c. Force Majeure. As described in article 10.1 of these Terms and Conditions of Sale.
9.2.d. The number, quality or minimum specifications of the profiles of candidates responding to job postings uploaded by the Client.
9.2.e. Any investment made by the Client connected in any way to this contract and based on any forecast of a minimum number of applications received following the publication of job postings via ictjob.
9.3
Where the contractually secured use of one of the constituent parts of the service provided by ictjob to the Client is limited by rights belonging to third parties, ictjob can, at its own cost, either obtain the agreements needed to use this constituent part of the ictjob service in accordance with the rights of the third parties, or modify the constituent part of the ictjob service in order to avoid this limitation. Any measures taken by ictjob to these ends will not in any case result in unreasonable disruption to this constituent part of the ictjob service for the Client. Where the Client is aware, in any way whatsoever, of third party protection rights that may affect the supply of a constituent part of the ictjob service, the Client must inform ictjob of this immediately and in writing.
9.4
The Client must submit any claim for damages against ictjob is within one year from the date on which the Client became aware, or should have become aware, of the failure.
9.5
All exemptions and limitations to liability relating to damages and interests described in article 9 are applicable independently of the fact that ictjob's liability is or is not based on a breach of the contract, on a criminal act (including acts of negligence), on strict or product liability, on a breach of warranty, on a concealed defect, or on any other kinds of legal obligations. This is also the case where (i) ictjob would have reasonably been able to anticipate such damages, (ii) ictjob is informed of the possibility of such damages or (iii) if the damages and interests follow on from gross negligence on the part of ictjob.
10. Force Majeure
10.1
In the event of "Force Majeure" ? the common term which, in this document, includes unpredictable events which seriously affect the economic conditions of a contract between the Client and ictjob as well as Force Majeure as it is more generally understood ? ictjob can either adapt the contract accordingly and in good faith (extending the time required to fulfil the terms of a contract for example, to a duration equivalent to that of the event which led to Force Majeure), or terminate the contract, possibly with immediate effect.
Force Majeure includes, but not exclusively, natural disasters, war, fire, acts of terrorism and any other situation which can be shown to have affected the infrastructures used by ictjob to provide the constituent parts of ictjob's service to the Client. Also included are server or computer system failures and communication failures beyond ictjob's control, or caused by malfunctions or interruptions to the networks used, or by any other problems relating to the Client's equipment, software or telecommunications infrastructure.
11. Confidentiality
11.1
ictjob warrants that all information and documents transferred within the context of fulfilling this contract and marked as confidential will remain strictly confidential. This confidentiality will also continue to be observed when this contract is no longer valid.
11.2
Accepting this contract also commits the parties, both the Client and ictjob, to respect all laws in force for the duration of the validity of the contract and relating to data protection and respect for privacy.
11.3
In accordance with data protection laws, the Client is informed by these Terms and Conditions of Sale that data will be kept by ictjob in a usable electronic format, whatever the technology used, and that ictjob will use this data with the sole aim of fulfilling this contract.
11.4
The Client must demonstrate all due care and attention at all times. They must also take all necessary precautions when handling, using and transmitting its user ID, passwords, usernames, aliases, and any other security information used to protect the confidentiality of data. The Client will take all necessary measures immediately to guarantee the confidentiality of data, their appropriate use and their security, and avoid transmitting data, directly or indirectly, to third parties not known to ictjob. This also includes a ban for the Client on using their access rights (user ID, password) to the ictjob environment with a view to enabling unknown third parties to benefit from all or part of the information contained in the ictjob databases, even for purposes relating to the demonstration or functioning of the tool. The Client will be liable where unknown third parties use these passwords or usernames on the ictjob system. This applies at all times, unless the Client can prove that third parties have obtained these usernames and passwords without the Client's involvement, or if the Client can prove that this information was obtained in circumstances directly or indirectly beyond the Client's control. The Client must inform ictjob immediately if any third party not known to ictjob is found or thought to be using any of these security details, or if these security details might be, or are being used without authorisation. If the Client breaches the material obligations specified in this contract in any way whatsoever, including, but not limited to, the obligations specified in this article, ictjob reserves the right to suspend the fulfilment of its obligations and its services immediately without any prior warning, and without releasing the Client from all payment obligations to ictjob. ictjob also reserves the right to take any legal action that it may deem appropriate, including any action for damages, should the client fail to fulfil the obligations imposed further by this contract, including the obligations imposed pursuant to this article on data confidentiality.
12. Duration
12.1
This contract between the Client and ictjob enters into effect on the date on which ictjob receives a copy of the Contract which has been signed by the Client. The term of the contract agreed between the Client and ictjob will take effect on the day that ictjob provides the Client with the first constituent part of the ictjob service. Where no contract term has been explicitly agreed in writing between ictjob and the Client, this contract will be understood to last for 12 months after ictjob provides the Client with the first constituent part of the ictjob service. When the liability for any delay in the supply of the first constituent part of the ictjob service is incumbent upon the Client, the contract will take effect 14 days after ictjob receives the signed contract. The contract will be automatically terminated at the end of the period agreed between the Client and ictjob, except in cases explicitly defined in the rest of these Terms and Conditions of Sale where the Additional Terms and Conditions of Sale explicitly specify different measures.
12.2
For constituent parts of the service provided by ictjob to the Client, any Client order can only be accepted during the contractual period which has been agreed. Consequently, the Client only has the right to order constituent parts of the ictjob service as long as the contract is in effect, even if not all of the constituent elements of the ictjob service received have been uploaded during this time.
13. Miscellaneous
13.1
Belgian law alone, and the exclusive jurisdiction of the courts and tribunals of City of Brussels, apply to this contract.
13.2
In the same way, all legal relationships between the Client and ictjob will be governed by the City of Brussels.
Contact us
If you have any questions relating to these Terms and Conditions of Sale, you can contact us or write to ictjob SRL/BV Rue aux Laines 70, 1000 BRUSSELS, Belgium.
Additional Terms and Conditions of Sale: Job postings
1. Description of Services
1.1
ictjob uploads job postings online on behalf of the Client, in accordance with article 3 of the Terms and Conditions of Sale.
1.2
ictjob reserves the right to publish job postings via other media channels, as hard copies or electronically, or to transmit them to other organisations for additional publication.
For this reason, for the same reasons, ictjob has the right to display job postings that are present on its own site, in whole or part, on one or more partner sites, without the Client's prior agreement.
No additional cost will be payable by the Client for this kind of service. Names of partners companies can be viewed on the ictjob.be website.
1.3
The description of services below is exhaustive.
2. Duration of Publication
2.1
Any job posting published online on ictjob will remain by default on its website for one period of 30 days, unless the client has selected more than one period for publication or selected a different end date.
3. Electronic job postings
3.1
The service proposed by ictjob involves publishing job postings electronically online, on the ictjob.be website. ictjob will only pass on to the Client responses which have also been submitted electronically via the ictjob.be site. Applications containing a blocking signal will not be passed on.
Data will be transferred in its original state to the Client, and ictjob is under no circumstances responsible for its content. Data will be transferred either via the Client's email address, or via their personal ictjob account.
Any job posting containing any blatant illegal content (as described in article 6.4 of the Terms and Conditions of Sale) may be withdrawn as ictjob sees fit.
Local laws as well as data protection regulations must be observed by the Client. Any claim by third parties caused by violation by the Client of article 3.1, item 2, will lead to the Client's obligation to pay damages to ictjob on demand.
The Client can, if they like, modify and correct a job posting that they have purchased as long as it has not yet been published online, as they see fit. Once the job posting is online, the Client will no longer be able to modify or correct that job posting. This applies as long as this posting remains online.
3.2 Extra visibility
3.2.1 Highlight a job
ictjob proposes a service available under certain conditions to clients where they can select job postings to be highlighted. These jobs will be receiving an indication related to the highlight in the job posting result list and on the job description. There will be a cost per selected job per period related to this service. The cost of this service is specified on the website.
3.2.2 Send a second time in the job alerts
ictjob proposes a service available under certain conditions to clients where they can select job postings which they want to include a second time in the job alerts. There will be a cost per selected job. If multiple publications periods have been selected, this will only be applied on the first publication period. The cost of this service is specified on the website.
3.3 CV Recommender
ictjob proposes a service available under certain conditions to Clients that allows selecting job postings for which they want to receive a selection of 5 CVs. These CVs are sent to Client by email and are accessible from the employer area. There is a cost in credits per selected job. Only one batch of CVs will be sent per selected job regardless of publication periods. The cost of this service is specified on the website. ictjob can refund the credits spent on CV recommender under certain conditions.
The CVs ordered remain visible for the number of publication periods.
ictjob can't be held responsible for the accuracy of the data contained in the candidate's CV.
Within the framework of compliance with the General Data Protection Regulation (GDPR), a CV selected by ictjob may be withdrawn/deleted by a candidate between the order and the consultation. ictjob can under no circumstances be held responsible for false or erroneous data contained in the candidate's CV.
Under no circumstances may the Client object that a CV does not suit them for any reason whatsoever. Under no circumstances can a financial reimbursement be claimed by the Client.
4. Miscellaneous
4.1
By accepting these Additional Terms and Conditions of Sale, the Client is hereby notified, and admits that it is impossible for ictjob to fully control the unauthorised publication online of job postings by third parties. The Client therefore recognises that ictjob can under no circumstances be held responsible for such unauthorised publications by third parties. However, ictjob will do everything in its legal and technological power, to avoid such unauthorised publications.
4.2
By accepting these Additional Terms and Conditions of Sale, the Client transfers to ictjob all property rights for the database comprising all of the job postings submitted to ictjob for publication. The Client recognises that ictjob is the sole creator of the database comprising job postings submitted to ictjob for publication. ictjob is also recognised by the Client as being the sole owner of the rights to databases of lists of jobs submitted to ictjob for publication.
4.3
No price reduction to ictjob's official price structure is valid unless it has been explicitly offered and approved by ictjob for the specific Client according to specific conditions. Consequently, there will be no reduction to the official price for a Client employing a third party to act on their behalf.
4.4
The principle of "Reselling" a contract of job postings by a Client to a third party will automatically require prior agreement by ictjob. This agreement will be in the form of a contract, replacing the previous one, between ictjob and the Client to whom the contract has been transferred.
Contact us
If you have any questions relating to these Additional Terms and Conditions of Sale: Job postings, you can contact us or write to ictjob SRL/BV Rue aux Laines 70, 1000 BRUSSELS, Belgium.
Additional Terms and Conditions of Sale: CV Database
The Additional Terms and Conditions of Sale for the CV Database are additional to and take precedence over the Terms and Conditions of Sale in case of any doubt.
1. Description of Services
1.1
ictjob offers the Client a service involving searching the profiles of job-seekers ("Candidates") in its "CV Database". If the Candidate agrees, the Client can contact him/her once they have selected his/her CV in the database via ictjob's electronic system.
1.2
The Client's access to ictjob's database is strictly personal. The Client is strictly prohibited from allowing third parties to access ictjob's database. It also forbidden for the Client to pass on CVs from ictjob's Database to third parties. Furthermore, the Client can under no circumstances add a link (in any form whatsoever) between their own website and ictjob's Database. If this provision is not observed, ictjob reserves the right to take legal action at short notice and without prior warning.
1.3
ictjob gives the Client the right to use a collection of tools, particular to ictjob, to manage CVs. These CV management services do not include backing up data for the Client. ictjob reserves the right to withdraw or delete any data contained in the CV management system at any time and without prior notice. In order to safeguard the Candidates' data protection and privacy rights, ictjob will automatically remove all traces of a CV as soon as a Candidate would like to be removed from ictjob's CV Database.
1.4
As part of the tools to manage CVs the Client may also store comments about a specific Candidate in the CV management system. Ictjob has developed such comment functionality and provides it to the Client, so that, as developer ictjob generally determines the purposes and the means of the processing for such comments. However, the Client defines the content of any comment it adds to a Candidate, so that the Client defines the means and purposes of the content of any such comment. Accordingly the Client and ictjob act as joint controller as per Art. 26 GDPR for such comments. For this joint controllership section 3 below shall apply.
1.5
No data relating to a Candidate can be saved by the Client on their own system.
1.6
In order to preserve its property rights and to guarantee the confidentiality of the data entered by candidates into its CV database, ictjob reserves the right to put in place any mechanism, whether automatic or one-off, that may establish a temporary restriction on the access rights of the Client obtained further to this contract. This restriction on access may be implemented unilaterally by ictjob in the event of serious indications pointing to misuse or ill-intentioned use of the ictjob CV database. This includes, but is not limited to, the use of specific software programs or other similar techniques, the purpose of which is to make a copy (irrespective of the form) of the ictjob CV database at the Client's. The Client will be informed of any restriction on access rights as quickly as possible and ictjob will analyse with the Client the reasons for this measure as well as the best way to prevent any reoccurrence in the future.
1.7
The CV Database is not accessible for Clients who order their job postings directly via the ictjob's website ("Online order").
2. Client Obligations
2.1
The Client agrees to respect the moral standards and all legal regulations and rights of third parties. Article 6.4 of the Terms and Conditions of Sale also applies.
2.2
The Client can under no circumstances communicate to third parties or transfer in any way whatsoever the personal details of Candidates contained in ictjob's Database. The Client also agrees to respect the confidentiality of these details, as well as all applicable legal regulations concerning data protection and privacy. When a Candidate asks ictjob to delete his/her personal details from ictjob's system, and ictjob informs the Client of this, the latter must delete all details pertaining to that Candidate in their possession. This applies to information stored directly in ictjob's system as well as that held by the Client in their own system, on paper or electronically.
2.3
The Client must indemnify and protect ictjob against loss, damages and interests, costs, claims and any other expenses caused by the Client. This clause will apply unless ictjob is responsible for these expenses.
2.4
Candidates assume sole responsibility for how their profiles stored in ictjob's system are composed. ictjob can therefore not guarantee the relevance, veracity, accuracy, availability or completeness of the information submitted by the Candidate to the ictjob system. ictjob cannot guarantee any level of response either.
2.5
Information pertaining to Candidates is strictly confidential. It can only be held and used by the Client in accordance with the data protection laws in force. In any case, the Client cannot contact a Candidate for any reason other than that of searching for candidates to fill known vacancies. If this clause is not observed, ictjob reserves the right to suspend, temporarily or permanently, the Client's access to their ictjob account, as well as refusing access to Candidate information.
2.6
The Client can only contact a candidate once for each vacancy to be filled.
2.7
By accepting these Terms and Conditions of Sale, the Client is hereby made aware of the fact that specific conditions apply for all aspects relating to the transfer of data outside the European Union. Generally, such data transfers require the prior agreement of the Candidate, even if the transfer occurs within a single economic group.
2.8
The duration will be decided by a separate agreement.
3. Joint Controllership
This section 3 determines the respective responsibilities of Client and ictjob for compliance with the obligations under GDPR as per Art. 26 GDPR.
3.1 Purposes of the processing
The Client will process Personal Data in the context of section 1.4 (the comments) for the purposes of sourcing, reviewing and administrating job applications, i.e. to take steps at the request of the data subject prior to entering into an (employment) contract (Art. 6 Sec. 1 Sentence 1 lit. b GDPR). Ictjob will process such comments for the purposes of performing its contractual relationship with the Candidates (Art. 6 Sec. 1 Sentence 1 lit. b GDPR).
3.2 General Obligations of the parties (Art. 26 Sec. 1 Sentence 2 GDPR)
ictjob provides the electronic infrastructure for the application process. Ictjob is responsible for the development and the functions of the comment functionality and all relevant data processing in that context.
Client is responsible for the use of the comment functionality and all relevant data processing in that context.
Each party will handle its data processing activities in its own discretion. As a general rule each party is not vested with any authority to give directions to other parties with regard to their data processing activities. Each party therefore will be responsible for their data processing activities being in compliance with applicable data protection laws. Having said that, each party will use the Personal Data in the context of the joint controllership only to the extent it would be permitted otherwise by applicable law.
3.3 Rights of data subjects
3.3.1 Information to be provided (Art. 13, 14 GDPR)
The parties acknowledge that the data subjects must be provided with information regarding the processing according to Art. 13, 14 GDPR.
The parties agree that it is each party’s responsibility to provide the Information regarding its data processing activities in an appropriate and legal manner. The parties shall mutually assist each other with reasonable means.
The parties agree that it is solely ictjob’s responsibility to provide data subjects information on the essence of the parties’ agreement that is set forth within this section 3 .
3.3.2 Designation of a contact point for data subjects
The parties designate ictjob as a contact point for data subjects. However data subjects may exercise their rights under the GDPR in respect of and against each of the controllers (Art. 26 Subsec. 3 GDPR)
3.3.3 Further rights of data subjects
The parties acknowledge that data subjects may have various rights with respect to their Personal Data processed under the comment functionality (hereinafter referred to as “Requests” or a “Request”). In particular, the data subjects may have the right to Request access to and receive a copy of Personal Data held by the parties. Furthermore, the data subjects concerned by a comment may demand that the parties rectify, erase or restrict their data if these are incorrect or processed against the stipulations of this section 3 or European data protection provisions.
The parties agree that it is ictjob’s responsibility to answer any data subject Requests in an appropriate and legal manner. The parties acknowledge that data subjects concerned by a comment may still exercise their rights towards all parties. ictjobwill take any necessary and appropriate steps to then fulfil such Request also on behalf of the party to whom the Request was directed. Notwithstanding the above, the parties can at their own discretion answer respective Requests themselves. In any event, the parties shall mutually assist each other with reasonable means in case of data subject Requests.
3.3.4 Measures to fulfil the rights of the data subjects
The data subject can contact ictjob and/or it’s data protection officer at any time at the contact details provided in ictjob’s privacy policy.
3.3.5 Technical and organisational measures
ictjob is responsible to implement appropriate technical and organisational measures to ensure appropriate security for the Personal Data.
3.3.6 Personal data breach
It is each party’s responsibility to provide notification to the supervisory data protection authority and – where applicable – to the affected data subjects in cases of a breach of security leading to the accidental or unlawful destruction, loss alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed (“Personal Data Breach”) to the extent required by Art. 33 and 34 GDPR. The parties will collaborate in this regard as appropriate
3.3.7 Third country transfer
When transferring data to third countries, the parties ensure that they will take appropriate measures to secure the Personal data appropriately.
3.4 Indemnification and Liability
In cases where one party is solely responsible for carrying out Obligations pursuant to clause 3.3, that party shall defend and hold the other parties harmless from any third party claim or other losses or liabilities arising from that party’s breach of its obligations hereunder and/or other violations of applicable data protection laws.
Any data subject’s rights that may arise from the parties’ breach of data protection law including the obligations as set forth herein shall remain unaffected and shall not be restricted by the provisions of this Clause 3.4.
Contact us
If you have any questions relating to these Additional Terms and Conditions of Sale: CV Database, you can contact us or write to ictjob SRL/BV Rue aux Laines 70, 1000 BRUSSELS, Belgium.
Additional Terms and Conditions of Sale: Recruiters' Area
These Additional Terms and Conditions of Sale relating to the Recruiters' Area are additional to and take precedence over the Terms and Conditions of Sale in case of any doubt.
1. Description of Services
1.1
Article 12.1 of the Terms and Conditions of Sale, relating to the duration of the contract apply. ictjob grants the Client, throughout the duration of the contract, the non-exclusive and non-transferable right to use the services offered by ictjob within the "Recruiters' Area". ictjob gives the Client access to its Recruiters' Area for a minimum of 20 hours a day. This applies, provided that there is no independent event which, directly or indirectly, interrupts the availability of the ictjob website. The services offered by ictjob within the Recruiters' Area include the opportunity for the Client to publish and make modifications to job postings, in accordance with all of the conditions specified in these Terms and Conditions of Sale and Additional Terms and Conditions of Sale. This list of services offered by ictjob within the Recruiters' Area is exhaustive and constitutes a contract between the Client and ictjob. No other applications are offered by ictjob.
1.2
The Client will be sent by ictjob a unique username and password with which to access all available services. ictjob offers the Client the opportunity to change this password at any time. The Client must make sure that this password and username are not used by any third party not authorised to access the services in the Recruiters' Area. The Client must also make sure that all other provisions relating to security of which they have been informed be complied with.
These provisions also apply when an agency acts on the Client's behalf. ictjob allows agencies to access the job postings submitted by the Client on whose behalf they are acting, to make use of statistics and details of any contracts in force involving the Client, for the sole purpose of facilitating their management of the account of the Client on whose behalf they are acting, and to create new job postings on the Client's behalf. To this end, the agency must have the Client's prior agreement, and must be able to provide proof of this to ictjob on request. ictjob can under no circumstances be held responsible for any complaint by the Client about unauthorised distribution of access and information rights. The agency alone will be held responsible for any such complaints.
2. Data protection
2.1
Where the Client handles personal data, within the framework of appropriate agreements with their employees and/or by opting for the appropriate organisational measures, the Client must respect all regulations in force relating to data protection. Processes covered by this clause include, but are not limited to, any activities involving handling, transferring, collecting and deleting data. ictjob reserves the right to store personal data relating to the Client and to use it within the context of the scope of this contract.
Contact us
If you have any questions relating to these Additional Terms and Conditions of Sale: Recruiters' Area, you can contact us or write to ictjob SRL/BV Rue aux Laines 70, 1000 BRUSSELS, Belgium.
Additional Terms and Conditions of Sale: Online Ordering
These Additional Terms and Conditions of Sale relating to online ordering are additional to and take precedence over the Terms and Conditions of Sale in case of any doubt.
1. Description of Services
1.1
ictjob uploads job postings online on behalf of the Client, in accordance with article 3 of the Additional Terms and Conditions of Sale: Job postings.
1.2
This description of services is exhaustive.
2. Approval in writing
2.1
For online orders, contrary to the Terms and Conditions of Sale which stipulate that instructions must be submitted in writing, declarations of intent can be made between the parties and are deemed to be effective and valid, without the need for any formal instructions.
3. Payment terms
3.1
ictjob will not concede any agency commission for online orders.
3.2
The Client must pay for the services ordered from ictjob online within 10 days of receiving the invoice. The provisions set out in articles 4 and 5 of the Terms and Conditions of Sale apply in all other circumstances.
4. Client information requirements
ictjob confirms the following information, in accordance with the Belgian law in force:
4.1
The Online Ordering service is provided by:
ictjob SRL/BV,
Rue aux Laines 70
1000 BRUSSELS
Belgium
tel. +32 (0)2 725 73 00
email: contact us
Banque Carrefour des Entreprises company registration number 0886.495.272,
VAT: BE 0886.495.272.
The online ordering contract between the Client and ictjob is considered to have been agreed when the following steps have been taken:
- the registration form has been completed;
- the Client has read and understood the Terms and Conditions of Sale, as well as the Additional Terms and Conditions of Sale;
- the Client clicks on the "Confirm" button in the ictjob system;
- the Client receives an email confirming that the order has been received (this does not constitute an order confirmation);
- the Client receives an order confirmation from ictjob.
Once the order confirmation has been received by the Client, the contract is considered to have been agreed.
Once the contract has been agreed, the Client can publish their job postings online.
4.2
The Terms and Conditions of Sale, the Additional Terms and Conditions of Sale: Job postings and the Additional Terms and Conditions of Sale: Online Ordering, constitute all of the terms of the contract agreed between the Client and ictjob for ordering job postings online. The current price structure for ordering job postings online is available on the ictjob.be website, and is determined when the contract for ordering job postings online is agreed between the Client and ictjob.
As for the legal aspects relating to consultation of the ictjob.be website, these are defined and available in our "Conditions of Use".
4.3
Once the order has been placed, the Client will receive an email confirming that the order has been received, and containing a username and a password with which they will be able to access the Recruiters' Area. It is on this area of the website that the Client can create, modify or correct a job posting before uploading it online. ictjob gives the Client the chance to identify any errors and to correct the content of a job posting before it is published online. This consists of the opportunity to view the job posting as it will appear, as well as a series of modification or correction tools for the job postings. At the next step, the Client receives an order confirmation, saying that the posting can be published online. Once online, a job posting can no longer be modified.
4.4
This contract was originally written in French. The Client can read the original version by clicking on the corresponding link: FR. This English translation has been provided for your reference, but in case of any discrepancy, the French version shall prevail.
4.5
Client orders will be kept by ictjob. The Client will not be able to access their job posting orders online.
4.6
ictjob agrees to respect the Standards de Protection de Données stipulated by Belgian law, its Conditions of Use, as well as the provisions of its Privacy Statement.
Contact us
If you have any questions relating to these Additional Terms and Conditions of Sale: Online Ordering, you can contact us or write to ictjob SRL/BV Rue aux Laines 70, 1000 BRUSSELS, Belgium.
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