Terms of Use for Candidates
Version 2024.06
JobFunders is managed by JOBFUNDERS BV, with registered office at 8550 Zwevegem, Meidoornstraat 11 and registered in the Register of Legal Entities under number 0567.877.194 (hereinafter 'JobFunders'). These Terms of Use apply to any use of JobFunders by a Candidate.
Once a Candidate registers and accepts these Terms of Use, he acknowledges having read the content of the Terms of Use and accepting them in their entirety. Such acceptance establishes a valid and binding agreement between JobFunders and the Candidate.
1. Definitions
Recruitment: entering into an employment contract, contract for services, or other cooperation agreement (whether or not through a third party, e.g. a temporary employment agency) or other form of cooperation between the Client and a Candidate;
Account: the Candidate's account that provides access to the personalized environment on JobFunders and to which access is obtained via the Candidate's Login Credentials;
GDPR: Regulation 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of data, and repealing Directive 95/46/EC (General Data Protection Regulation);
Employer: any legal entity that uses JobFunders for posting vacancies and searching for candidates;
Coins: Compensation for the Candidate and/or Referrer if an action is taken resulting in the awarding of coins. Coins can be saved and have a validity period of 2 years. Coins can be used in contests organized by JobFunders. Coins have no monetary value and cannot under any circumstances be converted into cash.
Services: the services as described below that JobFunders offers to the Candidate via JobFunders;
Users: natural persons or legal entities registered with JobFunders as a Candidate, Employer, or Referrer.
Intellectual Property Rights: all trademarks, logos, domain names, designs, models, patents, copyrights and moral rights, rights relating to databases, software, know-how and other rights, as well as all industrial and intellectual rights, in any event regardless of whether or not they are registered, as well as all equivalent rights or forms of protection that produce a similar result anywhere in the world;
Candidate: natural person who has registered on JobFunders in order to be contacted regarding a vacancy or to be able to respond to a vacancy themselves;
Candidate details: all data in a Candidate's profile on JobFunders, such as their contact details and CV, among others;
Login details: personalized data assigned to gain access to JobFunders;
Match: mutual interest between Candidate and Employer in the context of an application for a specific vacancy;
References: By completing the 'references' section and providing references, a Candidate grants JobFunders permission to contact the provided references to verify the information provided. The Candidate hereby confirms that they have informed the references and that they agree to share information about the Candidate. The information received by JobFunders will be treated confidentially and used within the framework of the Candidate's application procedure(s).
Referrer: natural person or legal entity that introduces Candidates and/or Companies to JobFunders;
JobFunders: the digital platform available on https://www.jobfunders.com or via the app version 'JobFunders' that JobFunders uses to provide the Services;
Force majeur: circumstances beyond the control of a Party which could not reasonably have been foreseen and which prevent the full or partial performance of obligations under this Agreement, such as natural disasters, war, insurrection or riots, fire, flood, explosion, worldwide or regional Internet outages, pandemics including any consequences thereof, such as, for example, government measures, which are beyond the control of either Party and cannot reasonably be prevented by either Party.;
Vacancy: job offer that can be found on the JobFunders platform;
Affiliated Company: means, with respect to the Employer, any company, partnership or other entity that directly or indirectly exercises control over, is controlled by, or is under common control with the Employer. “Control” means direct or indirect ownership of at least 50% of the shares;
Referral link: link with reference ID used to register an account on JobFunders;
Wallet: section within the digital JobFunders environment where Coins are automatically deposited and which the Candidate can use to participate in competitions.
MatchesJobFunders organizes contests and commercial offers at regular intervals. These Terms of Use, the JobFunders Privacy Policy, and the specific terms and conditions and the relevant contest rules apply to these.
Working day: every day of the week, with the exception of Saturday, Sunday and Belgian public holidays;
2. Candidate Registration and Account Creation
2.1 The registration of a Candidate is established either through direct registration by the Candidate or via a Referral Link from a Referrer. To create an Account, the Candidate must provide a valid email address and agree to these Terms of Use, the JobFunders Privacy Statement, and the JobFunders Cookie Policy. JobFunders confirms the registration of the Account, and from that moment, the agreement between JobFunders and the Candidate is established.
2.2 The Candidate is granted access to a personalized digital space where he can set up his profile. The Candidate bears full responsibility regarding his contact details and must keep them up to date so that he can be contacted.
2.3 Each Candidate may create only one Account. An Account is not transferable.
2.4 JobFunders reserves the right to block an Account if it suspects that the Login Credentials are being used by an unauthorized person.
“2.5 JobFunders reserves the right to block an Account for which inappropriate behavior is reported.”
3. Use of JobFunders – Candidate
3.1 Via JobFunders, the Candidate gains access to a database of vacancies. The Candidate can respond to vacancies via the SaaS platform and thereby get in touch with Companies.
3.2 The Candidate may use the services of JobFunders and add Candidate Data to their profile in accordance with these Terms of Use. JobFunders will under no circumstances examine the content and accuracy of the Candidate Data and claims no ownership rights with respect to this Candidate Data. The Candidate is deemed to provide correct data for their profile.
3.3 By adding Candidate Data, the Candidate grants JobFunders permission to store, host, and potentially make this data available to Users of JobFunders. For the processing of personal data of Users, we refer to the JobFunders Privacy Statement.
3.4 The Candidate decides whether their profile is 'hidden' or 'discreet' to Companies. 'Discreet' means that all profile data of the Candidate, with the exception of the profile photo, name, age, nationality, gender, and current and previous employers, are visible to Companies. The Candidate may also choose to make their profile completely 'hidden' so that the profile is not searchable by Companies. As soon as there is a mutual match between the Candidate and the Employer, all data becomes visible to the Employer in the context of that match.
3.5 Via JobFunders, the Candidate can also act as a Referrer themselves. The Candidate thus also gains access to the SaaS platform in order to refer Candidates and Companies.
3.6 The Candidate acting as a Referrer respects the privacy of the invited Candidate or Employer and processes their personal data in accordance with applicable legislation, in particular the GDPR. JobFunders cannot be held responsible for this in any way.
3.6 JobFunders does not guarantee under any circumstances that JobFunders will be available at specific times or permanently. Malfunctions, interruptions, or possible outages of JobFunders cannot be ruled out. Temporary limitations of availability are possible due to technical or operational reasons. This is particularly possible with regard to capacity limitations, the security or integrity of the data processing systems, or the implementation of technical measures necessary for the inspection, maintenance, or updates of JobFunders in order to enhance security and general performance.
3.7 Although JobFunders ensures that Candidate Data is backed up regularly, data loss cannot be ruled out.
3.8 The Candidate grants JobFunders a worldwide, transferable, and sublicensable right to use, copy, modify, distribute, publish, and process the Candidate Data provided by the Candidate via JobFunders, without further permission, notice, and/or compensation to the Candidate. However, this license shall terminate as soon as the Candidate deletes Candidate Data from JobFunders or as soon as the Candidate closes their Account.
However, JobFunders does not collect Candidate Data for commercial purposes without separate and specific consent for this.
4. Earning and exchanging Coins – Candidate
4.1 A Candidate can earn Coins by performing certain actions for JobFunders. Examples include completing the Candidate profile, using JobFunders tools, and referring other Candidates or Companies as a Referrer.
4.2 Activities through which Coins can be earned are determined and communicated solely by JobFunders and may change over time.
4.3 Coins have a limited validity and can be used at regular intervals to participate in competitions in order to win prizes.
4.4 Prizes won through JobFunders competitions by using Coins are non-monetary in nature.
4.5 Should JobFunders nevertheless choose to make monetary prizes available to Candidates, JobFunders will provide Form 281.50 to the Candidate once a year, provided the Candidate is a private individual. It is always the responsibility of the Candidate to declare monetary compensation correctly for tax purposes.
4.6 For further provisions regarding JobFunders competitions, see www.jobfunders.com/wedstrijdreglement.
5. Independence
If the Candidate acts as a Referrer, the Candidate shall always carry out his activities in an independent and autonomous manner. JobFunders does not impose any obligation on the Candidate regarding the performance of his activities. The Candidate uses JobFunders in accordance with these Terms of Use.
Consequently, the Candidate is not bound to JobFunders by a relationship of subordination. The Candidate is in no way required to account for the results achieved.
6. Confidentiality
The Candidate undertakes to keep confidential all information disclosed to him pursuant to or in connection with this Agreement (regardless of whether such information is expressly designated or marked as such) and not to disclose such confidential information to others or to use it for purposes other than the execution of the Agreement.
7. Logging
7.1 JobFunders records access to JobFunders for security reasons and billing. The Candidate agrees that these log data provide proof that access was taken to specific vacancies, or that contact was made via the chat system.
7.2 If a Candidate views a vacancy, the Candidate's 'discreet' profile is visible to the Employer who posted the vacancy. If the Candidate's profile is set to 'hidden', the Employer will not see the Candidate's profile.
7.3 If a Candidate saves a vacancy as a favorite, the Candidate's 'discreet' profile is visible to the Employer who posted the vacancy. If the Candidate's profile is set to 'hidden', the Employer will not see the Candidate's profile.
8. Recruitment procedure and Recruitment
8.1 If both the Candidate and the Employer wish to initiate the recruitment procedure, this will be done via the Employer's usual procedure. The Candidate will always be asked for their consent before the Candidate data is used or processed by the Employer outside of JobFunders.
9. Close Account
9.1 JobFunders has the right to terminate the Candidate's Account for any violation of these Terms of Use or any other use that may cause damage, directly or indirectly, to JobFunders or other Users.
9.2 If a Candidate no longer wishes to be active on JobFunders, they can always delete their profile themselves. This will result in the Candidate's entire Account being deleted.
9.3 If a Candidate does not log in to JobFunders for a continuous period of 18 months, JobFunders has the right to close this Account.
10. Data protection
JobFunders treats Candidate data and, by extension, the personal data of the Candidate confidentially at all times. JobFunders uses or publishes Candidate data only when this is necessary within the framework of these Terms of Use. Any collection and processing of personal data of Candidates takes place in compliance with applicable data protection legislation. You can find more information regarding the use of your personal data on JobFunders in our privacy statement (https://www.jobfunders.com/privacy-policy/).
11. Liability
11.1 The liability of JobFunders is limited to the actual damage suffered for which the Candidate proves that it was directly caused by an error of JobFunders, which the Candidate could not have avoided or mitigated himself and which JobFunders fails to remedy within 30 working days after receipt of a notice of default, without prejudice to any other agreed resolution times.
11.2 In any event, the total aggregate contractual and non-contractual liability of JobFunders and its Affiliated Companies for damages suffered by the Candidate, even in the case of gross negligence, shall be limited to 1,000.00 euros.
11.3 JobFunders shall under no circumstances be held liable for indirect damages (including in the case of gross negligence), including consequential damages, loss of profit, incurred loss, lost savings, lost potential financial or commercial opportunities, fines, loss of customers, and damage to reputation.
11.4 JobFunders is in no event liable in the event of a breach of contract resulting from Force Majeure.
11.5 Any claim for compensation directed at JobFunders must be reported to JobFunders in a substantiated manner within 1 year after the damaging event, failing which the claim will lapse.
11.6 The liability of JobFunders is limited to JobFunders BV. In the context of the execution of the assignments under these Terms of Use, all parties acknowledge that directors, employees, freelancers, and other auxiliary persons appointed by JobFunders BV act as executing agents. These executing agents shall not be personally liable to the creditors of JobFunders BV for any obligations arising from the performance of their duties. This provision is intended to ensure legal certainty and protection for all parties involved in accordance with the relevant statutory provisions.
12. Transferability
JobFunders may transfer all or part of its rights and obligations under this Agreement to a third party without prior consultation with or approval of the Candidate.
The Candidate is not entitled to transfer all or part of the rights and obligations of the Candidate under this Agreement to a third party without the prior approval of JobFunders.
13. Changes
JobFunders may amend these Terms of Use from time to time. If material changes are made to them, the Candidate will be notified thereof via JobFunders. If a Candidate does not agree to the changes made, he may close his Account.
If the Candidate continues to use JobFunders after being notified of the changes to the Terms of Use, this means that he agrees to the updated terms as of the effective date.
14. Applicable law and competent court
14.1 These Terms of Use and the agreement between the Candidate and JobFunders are governed exclusively by Belgian law.
14.2 The Parties shall always endeavor to resolve disputes by mutual consultation and in good faith. If consultation fails, disputes regarding the interpretation or execution of the Agreement shall be submitted to the courts of the registered office of JobFunders.
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