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Terms of use


1.    Introduction

 
These Terms and Conditions of Use regulate the rights and obligations regarding the use of MojPosao portal on the website www.moj-posao.net (hereinafter: MojPosao or Portal) owned by the company TAU ON-LINE d.o.o. for informatics, Zagreb, Strojarska cesta 20, PIN 14273924910, (hereinafter: Company).
 
Terms and Conditions of Use, as well as any amendments thereof that might follow, will be in effect from the day when they are published on the website of the Portal; they represent an integral part of every contract, whether oral or written, concluded between the Company and the user and are binding for every natural and legal person using MojPosao website.
 
MojPosao website mediates the exchange of information on job vacancies posted by Employers, by making such information available to Employees who want to be informed about available job vacancies, and to other visitors of the Portal.
 
MojPosao enables registered users to use it as a platform for creation, publishing and altering any information related to posts - actions which are technically possible in accordance with the functionality of MojPosao website .
 
Any use of the Portal as a whole or any of its parts that is not in accordance with the Terms and Conditions of Use will be considered misuse of the service provided by the Company and infringement of the Terms and Conditions of Use.
 
The Company reserves the right to alter and remove (temporarily or permanently) any element of the Portal, as well as any content or input, regardless of the author and without prior consent or notification, applying good business practices.
 
Company reserves the right to delete any texts with inappropriate, insulting or discriminatory content that is in violation of the Constitution of the Republic of Croatia, applicable mandatory regulations and rules of morality. If the Employer does not abide by mandatory legal regulations, in particular mandatory provisions of the valid Labour Act, the Company reserves the right not to publish a single post or all posts by said Employer. The Company also reserves the right to alter posts in the sense of correcting of spelling mistakes and structure of the posted content in accordance with the Terms and Conditions of Use.


2.    Definitions

 
MOJPOSAO is the name of the web portal intended for data exchange between legal and natural persons looking for workers, employees, volunteers, associates, etc. on the one hand and natural persons looking for workplace, employment, engagement, volunteer work, etc. on the other hand, for the purpose of easier data exchange, faster fluctuation and increase in labour market dynamics.
 
EMPLOYER is a term that includes any natural and/or legal person that uses MojPosao, especially including the term within the meaning of provisions of the applicable Labour Act, regardless of the type of employment contract such Employer wants to conclude, as well as any other natural and/or legal person using MojPosao for the purpose of finding a suitable candidate and/or applicant within the meaning of provisions of the applicable Civil Obligations Act regarding piece work agreements, that is, any natural and/or legal person looking for volunteers, interns, staff for professional training, etc.
 
EMPLOYEE is a term that includes any natural person using MojPosao for the purpose of finding a suitable workplace within the meaning of provisions of the applicable Labour Act or for finding engagement within the meaning of provisions of the applicable Civil Obligations Act regarding piece work agreements, or for finding volunteer work, a workplace for professional training, etc.
 
JOB is a general term for any type of workplace, employment, engagement, volunteer work, traineeship, internship, professional training, professional training without commencing employment, etc.
 
USE is a term that refers to any posting of listings regarding a job vacancy or any other type of engagement by the Employer, or to making own personal data available with the aim of finding a workplace or other type of engagement by the Employee.
 
PERSONAL DATA includes any information referring to an identified or identifiable natural person, which are protected in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Act on Implementation of the General Data Protection Regulation.
 
PRICE LIST represents the price list of services available on the Portal.
 
GDPR pertains to the Regulation 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).
 
CONTROLLER is a natural or legal person that determines the purposes and means of personal data processing.
 
PROCESSOR is a natural or legal person that processes personal data on behalf of the Controller.


3.    Employers

 
To use the Portal, the Employer is obligated to register by making a user account, on the conditions and in the manner described in these Terms and Conditions of Use.
 
Registered Employers can post Workplace listings at any time, subsequently amend them in agreement with the Portal’s advisers, monitor the viewing statistics for posted listings, search CV summaries and use other advanced features that have been or will be installed.
 
The Employer independently determines the content and the category within which the content is posted. Content is published on the Portal exclusively with prior consent of the Company. The Employer is exclusively liable and bears all legal consequences that could arise from publishing content on the Portal.
 
The Employer guarantees he is the holder or user of copyright and/or related rights over the entire content, as well as over all individual parts of the content published on the Portal. The Employer is exclusively liable for any infringement of copyright and/or related rights, as well as all other intellectual property rights.
 
By posting on the Portal, the Employer gives unconditional and irrevocable consent to the Company to promote said post through advertising or in any other appropriate manner, as per the Company’s assessment.
 
The Employer undertakes to use his own user account on the Portal exclusively to find appropriate employees to suit his needs. The Employer undertakes not to save the data from MojPosao profile database to his computers by using automatic applications. The Employer undertakes not to provide or allow insight into data, whether directly or by granting use of his own username and password to third parties.
 
In the event that the Employer uses his user account for any other purpose (e.g. for promoting and selling various products, services, etc.), the Company will block and remove any such user account from the portal. Such misuse of user account is subject to legal regulations on filing claims for damages against the user responsible for the damage, in order for the Company to be indemnified.
 
The service of posting listings for vacant Workplaces on the MojPosao website is charged in accordance with the Price List valid at the moment of posting of listings.


4.    Employees

 
To use the Portal, the Employee is obligated to register by making a user account, on the conditions and in the manner described in these Terms and Conditions of Use.
 
While registering, the Employee sets his/her own password and bears exclusive responsibility for the security of the password and the use of the Portal via access information. The Employee undertakes not to use access information of other users or to give his/her user information to any third parties. The Employee can notify the Company if he/she has any suspicions regarding unauthorised use of his/her access information.
 
The Employee is exclusively responsible for accuracy and correctness of the data he/she has entered. Accuracy of data entails that the data comes from a credible source and/or personal knowledge of the Employee. Correctness entails correct use of grammar and spelling.
 
The Employee can see the content of posts, their duration, description of each job vacancy, names of individual authors of posts (Employers), as well as their contact information and other content, free of charge. While the post is active, the Employee can download the Employer’s data and ask the Employer questions, all in accordance with the options available.
 
The Employee undertakes to use his/her user account on the Portal exclusively to search for, find and get information on Workplaces.
 
In the event that the Employee uses his/her user account for any other purpose (e.g. for promoting and selling various products, services, etc.), the Company will block and remove any such user account from the portal. Such misuse of user account is subject to legal regulations on filing claims for damages against the user responsible for the damage, in order for the Company to be indemnified.


5.    Responsibility for data accuracy and damage liability

 
The Company is neither responsible for nor does it guarantee the accuracy of available personal data, contact details, qualifications, characteristics or any other data listed in user accounts, CVs, applications or any other documents attached by Employees and/or listings posted by Employers.
 
The Company is not liable to Employers or Employees for any kind of damage and, in that sense, by using the Portal, Employers and Employees waive the right to damage claims for any sort of damage, be it property or non-property, which could be caused to them through the misuse of erroneous data by Employers, Employees or third parties.
 
The Company is not responsible for possible temporary unavailability of the Portal nor for the partial or total non-functioning or malfunctioning of the Portal. The Company is not responsible for any technical difficulties that may lead to late and/or erroneous processing of electronic data. Internet and telecommunications service providers are responsible for all of the above.
 
The Portal may be temporarily unavailable or available in limited capacity as a result of regular or extraordinary maintenance of the system or in case of system updates.
 
Employers and Employees who misuse or unauthorizedly disclose access information for their user account to third parties that do not have the relevant authorisation are liable for any damage arising from an unauthorised access to a user account, either to the Company or to other legal or natural persons whose personal data they have misused.


6.    Copyright

 
For the territory of the Republic of Croatia, the Company holds exclusive copyright and intellectual property rights over the Portal, as well as over all individual elements it is made up of, such as: name, domain, text, visual and audio elements, visual identity, data and databases, source code and other elements of the Portal, the author of which is the Company.
 
Unauthorised use of any part of the Portal or of the Portal as a whole, without explicit prior written consent of the Company as the holder of exclusive copyright, shall be considered an infringement of the Company’s copyright and be subject to initiation of court proceedings in accordance with applicable regulations of the Republic of Croatia.
 
The Portal may also contain elements over which third parties hold exclusive copyright and other intellectual property rights, such as the content uploaded by users of the Portal, business partners, advertisers, as well as free content. Third parties have exclusive responsibility for the content over which they hold the aforementioned rights, regardless of the fact that said content can be found on the Portal of the Company.
 
By uploading content to the Portal, the user consents to having said content made visible to every visitor of the Portal, on the conditions and in the manner described in these Terms and Conditions of Use. Transferring content or part of content from any part of the Portal is allowed only with explicit prior written consent of the Company, with a note indicating that the content was taken from the Portal and with the addition of the appropriate link leading to the part of the Portal from which the content was taken. The Company is exclusively liable only for the content over which it holds the copyright and/or intellectual property rights.
 
Every user of the Portal is solely responsible for the content on which he/she holds the copyright, i.e. for the content he/she has independently uploaded to and made publicly available on the Portal.


7.    Protection and processing of personal data

 
7.a.  Posting job ads
 
In accordance with the General Data Protection Regulation (GDPR), when Employers post job ads on the Portal, the Company is considered to be the Processor of personal data, and the Employer is considered to be the Controller in the processing of personal data.
 
The Controller is obligated to collect personal data received following the posting of listings in a transparent manner and in accordance with valid legal bases (intention of providing employment or concluding an employment contract).
 
The Controller is obligated to collect only the data that is appropriate, relevant and limited to data essential for the purpose for which they are being collected.
 
The Controller guarantees to the Processor that he will not use the personal data collected through MojPosao website for any purpose other than for providing employment.
 
The Controller confirms that organisational and technical measures have been implemented which will enable the Controller to exercise control over the collection of personal data through MojPosao website. Also, the Controller is responsible for download of the personal data (application) and for assigning access information for his/her user account in “Hercul” application management system.
 
The Controller undertakes to fully cooperate with the Processor in order to enable each Employee to exercise the rights laid down in regulations on personal data protection should he or she wish to do so (right of access, rectification, erasure, portability, restriction of processing and right to object to processing of personal data).
 
In the event of breach of regulations related to personal data processing, the Controller undertakes to fully cooperate with the Processor on rectifying the damage and working with regulatory authorities.
 
The Processor undertakes to process personal data (collection of applications to Employers’ listings) exclusively within the scope of service, on behalf of the Controller and for the purpose determined by business cooperation, to record and save all processes of personal data processing conducted on behalf and for the account of the Controller until recalled by the Controller.
 
The Processor guarantees to the Controller that Personal Data can be accessed only by the employees and/or other persons working under his supervision who are authorised to do so based on regulations or contractual relationships, and that access to Personal Data is only granted to the extent to which that is necessary for service provision.
 
The Processor states he has undertaken all the organisational and technical measures as laid down by the GDPR, especially with regard to the system of regular control, testing, integrity, availability and resilience of IT systems.
 
The Processor will assess the effectiveness of technical and organisational measures on a regular basis, as well as continually perfect and improve them.
 
The Processor and the Controller shall inform each other of every relevant personal data breach within 24 hours from the occurrence of any such breach.
 
The Processor can process the Controller’s data only for the purpose of statistical and analytical testing of IT systems and monitoring registration statistics for applications to job listings.
 
7.b. Access to Profile Database
 
Within the meaning of the provisions of the General Data Protection Regulation (GDPR), the Employers and the Company are considered to be joint Controllers of processing of the Profile Database.
 
Pursuant to Article 14 of the GDPR, which reads “Information to be provided where personal data have not been obtained from the data subject”, Employers who contact Employees who have Profiles in the Profile Database are obligated to identify themselves and to notify Employees in the event that they intend to save the profiles of Employees outside the IT system “Profile Database”, all in accordance with Article 14 of the GDPR.
 
The Company undertakes to obtain consent from each Employee individually and to grant him/her access to his/her personal data, give him/her the option of withdrawing consent in the same manner in which consent was given and of erasure and alteration of data, as well as to provide information on Employers who reviewed the Employee’s Profile.
 
Employees give consent by an affirmative act, in a clear and unambiguous manner that is accessible and easy to understand, and all relevant information is provided to the Employee (purpose of processing data, identity of the Controller, personal data retention period, etc.)
 
The Controller – Employer that inspects the Profile Database undertakes to review the Profiles of Employees exclusively to determine the appropriateness of a specific Employee for the purpose of providing employment and must not use the collected personal data for any purpose other than the one they were provided for.
 
Joint Controllers are obligated to implement appropriate technical and organisational measures to ensure an appropriate level of security with regard to the risk, and especially the confidentiality of access information for the Profile Database on behalf of the Employer, as well as to prevent the possibility of downloading data from the Profile Database system to their own IT systems.
 
Employees can use the “Sign in” option to access their Profile on the website www.moj-posao.net at any moment and manage their own personal data in accordance with the offered Profile options.
 
By choosing the option “visible to Employers” in their Profile, Employees consent to the Employers’ collection and processing of their personal data, whereas choosing the option “visible to Employers, guests and search engines (photo, name and profile name only)”, Employees consent to having the personal data stated in their profile made freely accessible for all visitors of the Portal. If they choose the option “Only me (hidden profile)”, they will not be searchable by Employers or other users of the Portal.
 
7.c. Consent
 
By using the Portal, Employers who are natural persons and Employees give explicit consent to the Company for collection and processing of their personal data which they make available within their user accounts, in CVs, applications or any other attached documents.
 
Consent for collection and processing of personal data, in accordance with the provisions of the General Data Protection Regulation (GDPR) and the Act on Implementation of the General Data Protection Regulation, is given exclusively for the purpose of applying to Workplace listings and for the purpose of performing all other actions closely related to advertising and applying to Workplace listings; the data cannot be used for any other purpose.
 
Employers who are natural persons and Employees can get information on the processing of their personal data, file a complaint regarding the processing of their personal data or at any moment withdraw consent for processing of their personal data without providing additional explanations by recalling the consent in writing to the address: TAU ON-LINE d.o.o. (Data protection officer), Strojarska cesta 20, 10000 Zagreb, to the e-mail address: szop@moj-posao.net, by deactivating or deleting their user account.
 
Personal data and any other data can only be used in the manner prescribed by these Terms and Conditions of Use. Using data for any other purpose (copying, transcribing, distribution, etc.) without the consent of the Company, the Employee and the Employer who is a natural person, especially for mass distribution of announcements, promotional messages and similar information, is strictly forbidden. The Company shall notify competent authorities, including but not limited to the State's Attorney Office of the Republic of Croatia, the Ministry of Interior and the Croatian Personal Data Protection Agency, of any activity that is in violation of the aforementioned ban.


8.    Jurisdiction and settlement of disputes

 
For all legal relationships formed between the Company, the Employers and the Employees, Croatian substantive law is applied alongside these Terms and Conditions of Use, except for the provisions pertaining to resolving the conflict of laws.
 
The Company, the Employers and the Employees shall attempt to settle any disputes amicably, and in the event of initiation of court proceedings, the court of subject matter jurisdiction in Zagreb shall be competent.


9.    Final provisions

 
These Terms and Conditions of Use enter into effect on the day of their publication on the website www.moj-posao.net.
 
The Company reserves the right to amend these Terms and Conditions of Use at any time. Version published on the website www.moj-posao.net shall be considered as the valid version of the Terms and Conditions of Use.
 
I give consent to the Company TAU ON-LINE d.o.o. for the collection and processing of my personal data in accordance with the purpose stated in these Terms and Conditions of Use.
 
I consent to having my data retained until recalled, until I request erasure or until I withdraw my consent.
 
I have been informed of my right to report any suspicion of misuse of personal data in writing to the address: TAU ON-LINE d.o.o. (Data protection officer), Strojarska cesta 20, 10000 Zagreb or to the e-mail address: szop@moj-posao.net.
 
Zagreb, 25 July 2018

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