General Terms and Conditions
- The Profesia, spol. s r.o. Company, registered seat Pribinova 19, 811 09 Bratislava, Company Reg. No. 35800861, registered in the Register of Companies of the District Court in Bratislava I, section: Sro, insert nr..: 22949 / B (hereinafter referred to as the “Operator”) is the operator of the internet site www.workania.hu (hereinafter referred to as the “Website”) and the provider of services on the Website.
- The Operator has issued these General Commercial Terms and Conditions of the Profesia, spol. s r.o Company (hereinafter referred to as the “GTC”) that regulate the rights and obligations of the Operator and of third parties related to providing and using the services of the Operator. The GTC are an integral part of the contract entered into with the Operator and are binding for all users of the Services.
- The Operator’s activity does not constitute recruitment services.
- For the purposes of the GTC and for the creation, change and termination of a legal relationship between the Operator and the Client or Job Seeker, the following terms shall be interpreted as follows:
Client is a physical or legal entity using or planning to use the services provided in the Website, especially for the purposes of finding a suitable employee.
A Job Seeker is exclusively a natural person using the services provided on the Web Site with the intention of finding a suitable job opportunity.
A CV is a summary of information about the Job Seeker.
The Operator’s CV Database is a database containing the CVs created and/or published by Job Seekers.
Services are products provided by the Operator to the Clients and Job seekers, especially through teh Web page.
Price List is a list containing prices for Services that the Opearator provides to his Clients.
Job or Temporary Job is an advertisement posted by the Clients on the Web site for the purpose of finding a suitable employee, it presents a concrete type of Service provided on the Web page. For the posting of a temporary job the regulations GTC stating the conditions of posting a Job are valid, unless the parties have explicitly agreed to other terms.
Regulation is 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, repealing Directive 95/46/EC on the protection of personal data (hereinafter referred to as the “Regulation”).
The Law is Act Nr. 18/2018 on Data Protection (hereinafter referred to as the „Act“).
Services provided to Job seeker
- Job seeker is a natural person, who is looking for a suitable job with the help of services provided to Job seekers. Services that the Operator provides for Job seekers ate free of charge and serve as assistance when looking for a suitable job opportunity through the Web site. To use the Services provided for the Job seekers, it is necessary to register on the Web site. The Job seeker registers by entering any login email
and login password. The jobs seeker can cancel his/her registration anytime by sending an email message to the Operator with the expression of his/her will to cancel the registration.
- Among Services provided for Job seekers belongs especially the possibility through the Web site to:
- Respond/react to a posted Job. The Job seeker is entitled to react to a Job on the Web page; this Service is also available to registered job seekers on the Web page. This service is only for the Job seekers, therefore the Operator reserves the right not to enter into any legal relation with personal agencies and to limit their unallowed activities through the Web page.
- Create an alert on the Web page for looking up Jobs posted on the Web page that on the basis of the searching criteria entered by the Job seeker sends relevant jobs on the email address that he had entered.
- Save and make accessible/available the CV in the Operator's CV Database, through an online form filled in on the Web page or through a printed out form delivered on the Operator's address. The Operator reserves the right to modify the CV to conform to the format and methods customary in filling out forms. The Operator also reserves the right not to make accessible/available or to delete a CV from the Operator's CV database that doesn't contain sufficient information for looking up a job opportunity or that contains in the Operator's opinion irrelevant information or data not relevant to looking up a jov opportunity (eg.: political and religious opinions, advertisement, vulgar expressions, etc.); about this decision the Job seeker to whom the CV concerned applies is informed by the Operator.
- Take part in discussions taking place on the discussion forum on the Operator's Web page.
- Archive sent responses (reactions) to Jobs posted on the Web page.
- Ask for references from former employers or other in advance not defined persons and to evaluate anonymously a selecition process with the Operator's Client.
Personal Data protection
Personal data in reaction to a job offer and to a short-term temporary job
- Among services provided by the Operator belongs also the possibility to post a job or a temporary short-term job on the Website. Jobs and temporary shor-term jobs are posted by Clients (Business partners). The job seeker is entitled to react to Jobs/Temporary Short-term Jobs posted on the Website. Profesia, spol. s r.o. archives responses sent byJob Seekers as a reaction to jobs posted on the Website.
- Answers on the Website to published job adverts archived by Profesia, spol. s r.o. contain data considered Personal Data under the Regulation and the Act. Therefore, such Personal Data may only be processed with the consent of the Concerned Party. Before sending an answer or a response to a job advert or a short-term temporary job offer, the Concerned Party declares that all provided details are true and then grants their consent to the processing of their personal data by Profesia, spol. s r.o. and its Business Partner that published the specific job advert.
- The purpose of the processing of this Personal Data is to provide assistance to the Concerned Party as a Job Seeker to find a suitable job. Profesia, spol. s r.o. archives the answers sent by Job Seekers to job adverts posed on the Website. Consent is granted for a period of 3 years. After a period of 3 years, the Personal Data will be made anonymous and used for statistical purposes only. A Job Seeker may work with (e.g. review, re-use, re-send, etc.) the answers to reactions sent to a Business Partner during this period using their registered account created on the Website.
- The period of three years is considered the time in which no significant changes are expected with respect to the Job Seeker’s qualifications and prerequisites and qualification requirements for a specific job. The three-year period was also defined based on HR-specific knowledge and expertise.
- Responses to a job or shor-term job posted on the Website contain: at least one contact detail (email or phone), the highest achieved education, defining sex (solely for the purposes of statistic processing). Entering any other details in the response or reaction to a job or temporary shor-term job depends on the decision of the Job Seeker concerned; the company Profesia, spol. s r.o. does not require entering any other data. The company Profesia, spol. s r.o. does not in any case require from Job Seekers entering data belonging to the special category of personal data defined in article 9 of the Regulation or § 16 of the Law.
- The Concerned Party sends its CV with all attachments to the Client and grants its consent to the Client to the processing of their personal data for inclusion in the Client’s selection process via the Website. The selection process is not only a process for selecting a person for a published job position, but the Client's ability to process the personal data of the applicant during the period specified in the personal data processing agreement for the Client and, if contacted, for the selection procedure for another suitable job position. The consent to the processing of personal data is editable at the request of the Client; the editing of consent for the processing of personal data is subject to approval by the Operator.
Personal data in CVs and the CV Database
- Among services offered to Job Seekers belongs also the possibility to create a CV through an on-line form filled in on the Website or through a print out form sent the address of the company Profesia, spol. s r.o. and make it accessible/available in the CV Database for Business partners of the Company Profesia, spol. s r.o.
- CVs stored in the CV Database include data classified as Personal Data under the Regulation and the Act. Therefore, such Personal Data may only be processed with the consent of the Concerned Party. Before saving the CV the Concerned Party declares that all disclosed Personal Data is true and grants its consent to Profesia, spol. s r.o. to process its Personal Data.
- The purpose of the processing of this Personal Data is to provide assistance to the Concerned Party as a Job Seeker to find a suitable job. Profesia, spol. s r.o. is authorised to disclose/provide the Personal Data contained in the Concerned Person’s CV to its Business Partner based on the consent of the Concerned Party and for the purposes disclosed in the previous sentence.
- The Personal Data contained in the Concerned Party’s CV is disclosed/provided to a Business Partner over the Internet via the Website for a period of 3 months from the date of consent to such processing of their personal data. After the expiration of this period, the Personal Data contained in the CV shall not be made accessible and will remain stored in the CV Database in case the Concerned Party once again discloses/provides this data.
- After the expiration of the 3-year period since the last Job seeker's login into his/her registration created on the Website www.profesia.sk the data in the CV database will be definitely anonymised and further used only for statistic purposes. The accessibility/availibility of the CV can be terminated or renewed anytime based on the decision of the Person Concerned. On the basis of a written request of the Person Concerned Profesia spol. s r.o. is obliged to definitely remove the Personal Data.
- CVs stored in the CV Database include: at least one means of contact (email address or phone number), highest level of completed education, specification of the field and job they are interested in, the definition of a location in which they are looking for a job, the type of employment sought, and gender (exclusively for the purposes of statistical processing). A Job Seeker alone decides what other data to provide in a CV; Profesia, spol. s r.o. does not require that any other information be provided. Profesia, spol. s r.o. in no way requires that a Job Seeker disclose any data considered a special category of personal data as defined in Article 9 of the Regulation or §16 of the Act.
- When offering services the company Profesia, spol. s r.o. and also the Client (Business Partner) have the position of the Operator, they deal with the Concerned Party independently and in their own name. This is without prejudice to the right of the Job Seeker as the Concerned Party to exercise his rights under the Regulation or the Act with each operator and against each operator.
- The purpose of the personal data processing for the Clients is „Finding a suitable employee“. The Client is not entitled to use the personal data obtained through the Website for another purpose.
- Profesia spol. s r.o. provides through the Website the information according to Article 13 of the Regulation and § 19 of the Act to the Concerned Parties. The legal basis for the personal data processing for Profesia, spol. s r.o. is the consent of the Concerned Party.
- After obtaining personal data the Client is obliged to fulfill his liability to notify the Concerned Party according to Article 14 of the Regulation and § 20 of the Act.
- Information concerning the contractual relationship between Profesia spol. s r.o. and the Client are published on the website and they are publicly accessible to Persons Concerne
Services provided for the Clients
- Posting a Job. After a successful registration the Client is entitled to post a Job on the Web page. The Job is posted according to following rules:
- The Client himself posts the Job and defines its contents, the Job must contain at least the minimum criteria stipulated by the Opearator.
- The Operator reserves the right to modify the Job, so that it would to conform to the format and methods customary in filling out forms on the Web page.
- The Client defines the time of posting the Job. The time span selected by the Client must conform to the valid Price List of the Operator posted on the Web page.
- The Operator reserves the right not to post or to cancel the already posted Job:
- That is contrary to the legal code of the Slovak Republic, the ethical norms or good manners,
- In which the Client requires a manipulation fee or any other type of fee for arranging the job and/or for being accepted into a job,
- Presenting more jobs within one form for a job (it means within one Job),
- That is incmplete or confusing or that contains false data or out of other reasons decreases the niveau of Services provided on the Web page,
- With advertising or marketing contents or information about the products or the Services of the Client or of a thir party,
- That can harm the good reputation of the Operator or of a thir party,
- Of erotic nature, or raising suspicion that it could be such type of job,
- Duplicate posted by one Client on the Web page,
- That contains a job opportunity based on the MLM (multilevel marketing) or door-to-door sales.
- Access to the Operator's CV Database. The Operator enable the Clients a protected access to the Operator's CV Database. In legitimate cases, especially in case of new Clients, with whom there might be in the Operator's opinion a risk of misuse of the Job seekers' data entered in the Operator's CV Database, the Operator is entitled to limit or to refuse their access to the Operator's CV Database. The Client is entitled to use the data acquired from the Operator's CV Database about the Job seekers only for the puproses of finding a suitable employee.
- Posting a Client's logo on the front page of the Web page.
- Posting advert banners.
- Posting advertising information in the central and direct mailing.
- Executing of specialized solutions for posting Job offers about Client's vacancies (especially graphic design).
- HR application Mark.
- Other advertising products according to the valid Price list.
Duration, Modification and Termination of Contractual Relationship
- To use any Services the Client is required to have a registration on the Website. The registration will be accomplished through the registration form. By completing successfully the registration the Client creates his own online account that is protected by a unique login name and password. The Client is obliged to protect his login name and password from misuse and he must not disclose them to third parties.
- The Operator's services are ordered through the online account, exceptionally on the basis of a written (letter, fax, e-mail) or telephone order of the Client.
- By confirming the order the Client gives the Operator his consent to publishing his personal data or the personal data of his employees in the Job if it is required in the type of Service that the Client ordered from the Operator.
- The order must contain at least:
- Business name of the Client or its legal form,
- Invoice address or the mailing address of the Client,
- IČO, DIČ (Registration number, Tax registration number) and/or IČ DPH of the Client (Tax VAT Registration Number),
- Contact details of the Client (phone number, fax, email),
- Type of ordered service and the duration of providing the service.
- The contractual relationship comes into being by confirming (through the Web site or through a letter or via fax or e-mail or by telephone interview) the ordered Service by the Operator. Providing the Service ordered by the Client is also considered as confirmation of the order. The contract is concluded for a definite period of time in the duration of the ordered Service with effect from the day of confirming the order by the Operator.
- The order confirmed by the Operator is binding, it can only be changed after mutual consent of both contract parties. The Operator is entitled to charge an administration fee for the change of the Order.
- Unless otherwise stipulated in the Contract, it is possible to terminate the Contract before expiring the period of validity thereof by a:
- a written agreement of the contract parties.
- withdrawal from the contract, in case the other Party seriously breaches its duties arising from the Contract or these GCTC. For the serious violation of the contract is considered especially:
- Publication of a job offer by Client in a manner contrary to the provisions of the GTCs, especially to section 24.D of the GTCs;
- use of the jobseeker data contained in the CV database by Client for a purpose other than finding the right worker;
- use of the Services provided on the Website for sending bulk electronic messages, sending messages containing information on the products and services, sending messages containing information contrary to the legislations in force in Hungary, ethical standards and good morals, and sending messages harming the reputation of the Service Provider or other natural or legal persons;
- conduct of Client contrary to the contract and/or these GTCs and/or good morals if, as a result,
the reputation of Service Provider may be harmed or the quality level of the Services provided may
decrease and/or be threatened according to the well-founded opinion of Service Provider based on
the negative feedback from the users of the Website.
- the use of automated systems (primarily bots, robots, modules or other automatic equipment or
programs for searching or collecting the content of the Website) when using such services of the
Service Provider or the Website to which no access tools are granted by the Service
- The written notification on the withdrawal from the Contract or the termination of the Contract is required to be delivered to the address of the Client provided on registration or the email address indicated by the Client.
- If, due to no fault of Service Provider, the Contract expires without the use of the Services ordered by Client, the Client shall not become entitled to the reimbursement of the price agreed. The Service Provider shall not be liable for the incompletely used Services.
The price of the Services, payment conditions
- The price of the Service is defined according to the current Price List published on the Website on the date when the Service is ordered.
- The Service Provider usually issues the invoice (document valid for vat purposes) after the provision of the services to Client. The invoice is normally for the entire duration of the Service ordered by Client. Unless the Contract provides otherwise, the payment deadline of the invoices is 14 (fourteen) days from the issue of the invoice. When appropriate, the Service Provider provides the Service only after the payment of the price of the Service ordered, and it shall preliminarily notify the Client of this fact.
- Client shall pay the full price of the Service ordered to Service Provider by bank transfer to the bank account included in the invoice issued by the Service Provider within the deadline.
- Where the Client is in default of the payment of the invoice, the Service Provider is entitled to charge the client with late interest, the rate of which shall be the late interest of the defaulting amount according to the Civil Code after each day of delay, and the Service Provider, based on its unilateral decision, may suspend the further provision of the services until the amount invoiced is fully paid. If the Client is in default of the payment for more than 30 (thirty) days, the Service Provider may transfer the given claim to a debt collection company in cooperation with Service Provider. The expenses of debt collection shall be included in the claim of Service Provider.
- The objections relating to the invoices issued, which may limit the demand of Service Provider relating to the claim against Client, shall be enforced by Client in writing towards Service Provider, within 7 days from the receipt of the invoice.
- Service Provider shall reimburse any sum to Clients only if they exceed the amount of HUF 200 in each case.
- Service Provider shall not be liable for the content side of the Service provided (displayed) on the Website, including the graphic visualization (e.g.: logo, photograph or result of an intellectual creation) and the grammatical accuracy. It is solely Client that is liable for the breach of any right of third parties by the provision of the services through the Website. The Service Provider shall not be liable for the damage caused by the provision of the Service via the Website.
- Client is obliged to protect the data from the CV database or the application against any abuse, and it is obliged to prevent the disclosure or the transfer of the data to any other persons, or the publication thereof. In the event of the breach of this obligation the Client is fully liable for the damage caused by the breach of the obligation. Client also acknowledges that the CV database created by Service Provider is subject to the copyright of Service Provider. The Service Provider shall not be liable for the accuracy and timeliness of the data in the CV database.
- If due to the breach of any right of third parties included in this paragraph any claim arises against Service Provider, Client undertakes to satisfy these claims and reimburse the full damage of Service Provider.
- The Service Provider shall not be liable towards Client for finding the applicant suitable for the post concerned and for the stay of the applicant in the employment or any other similar relationship.
- Service Provider does not guarantee the Jobseeker to find the right job opportunity and the duration of the employment or any other similar relationship.
- Service Provider shall not be liable for the damage arising as a result of the use of the Website by the users or other third parties, including the loss of profit or any data loss.
- If the Contract expires without the use of the Services ordered by Client and the reason for this is not attributable to the conduct of Service Provider, the Client shall not become entitled to the reimbursement of the price agreed. The Service Provider shall not be liable for the incompletely used Services, except if the reason for the incomplete use is the conduct of the Service Provider.
- In case of the default of Client the Service Provider may temporarily suspend the provision of the Services to Client. This action of Service Provider does not entail the claim of Client for compensation or his/her claim for the reimbursement of the price of the Services ordered which could not be used during the suspension. The previous provision does not affect the claim for compensation of Service Provider.
- Service Provider does not assume any liability for the abuse committed with the use of the login name and password by an unauthorized person, and for the consequential damages arising from such abuses and the potential claims of other third parties.
Complaint Management Policy
- Client may lodge a complaint in case of a malfunction (hereinafter: “Malfunction”) which arose in a lasting manner in connection with the Service provided to Client on the Website of Service Provider and which is attributable to the Service Provider. The Malfunction attributable to Service Provider is principally a major failure of the Services included in the order which lasts for at least 6 (six) hours during any uninterrupted period of 24 (twenty-four) hours. It is not considered to be a Malfunction attributable to Service Provider if the Client cannot access the Services for a reason arising in the sphere of control of Client, for example, if such non-access stems from the interruption of the access of Client to the Internet or reasons outside of the sphere of control of Service Provider.
- The deadline for lodging a complaint is 14 days from the finding or the alleged finding of the malfunction.
- Client may lodge a complaint in writing (sent by post to the address of the registered seat of Service Provider, by fax to phone number +36 1 99 89 290, by email to [email protected]). The complaint lodged by email is considered to be delivered at the time when Client receives an automatic system message from the Service Provider on the delivery of the email. Service Provider undertakes to communicate the result of the complaint management within 14 (fourteen) days from the receipt of the complaint.
Miscellaneous and closing provisions
- Service Provider reserves the right to modify these GTCs unilaterally, and it shall notify the Clients of these modifications without delay by publishing them on the Website including the date of the entry into force of the modifications. When the modified GTCs enter into force, the former GTCs shall be repealed.
- The matters not regulated in the Contract and these GTCs are governed by the legislation in force in Hungary.
- The provisions of the Contract diverging from these GTCs shall prevail over the GTCs. The effect of the GTCs or a part of them can be excluded exclusively on the basis of the written agreement of Contracting Parties fixed in the Contract.
- These GTCs enter into force on 02.01.2019 .