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Terms of use for jobseekers of JobSpot1

As of 01.02.2024
Terms of Use for Job Seekers

1. SCOPE OF APPLICATION

The Better AG, General-Guisan-Str. 8, 6300 Zug (hereinafter "we" or "Better") offers various solutions for job search and career planning on the platform JobSpot1.de.

These terms of use apply to all products and services offered by Better for job seekers (hereinafter referred to as "job seekers" or "users").

Thank you for choosing us.

These terms of use apply regardless of whether users use Better's products and services through the JobSpot1.de platform ("Platform"), mobile applications ("Apps"), or in any other way.

These terms of use do not apply to business customers. General terms and conditions for business customers apply to this group.

Specific terms of use apply to certain products or services (e.g., specific terms of use for certain career tools).

2. USE OF SERVICES
Users without a JobSpot1 account can use all services available on the JobSpot1 website or via the app without registration. In particular, non-registered users can search for job offers and apply for job offers.
Users can also arrange specific services.
By using our services for free without a JobSpot1 account, the user agrees that JobSpot1 may contact the user by email or other means of communication, such as social media, regarding all products and services for users after completing their application. The user can revoke this consent at any time and without giving reasons by using the unsubscribe option provided in the message (e.g., using the unsubscribe link or button, etc.) free of charge.
JobSpot1 reserves the right to add new services and innovations at any time and to change, further develop, or completely or partially discontinue existing services. Users have no right to retain a service or innovation.
If you do not agree with a change or discontinuation of services, you may refrain from using the JobSpot1 platforms and the services provided by JobSpot1.


3. USE OF DATA AND DATA PROTECTION
JobSpot1 attaches importance to the protection of personal data. JobSpot1 therefore treats users' personal data with the utmost care at all times and in accordance with applicable data protection regulations. JobSpot1 uses personal data to provide services that the user uses. Further information on the use of personal data can be found in JobSpot1's privacy policy or in specific privacy policies for specific products/services.
Users should refrain from sharing particularly sensitive personal data or sensitive documents, such as a copy of their identity document, a criminal record extract, or similar, without explicit request from the potential employer through the CV database or application form.
Users also grant JobSpot1 the right to use the data transmitted to JobSpot1 in anonymized form without restriction and to dispose of these anonymized data without restriction.

4. COMPANY / EMPLOYER REVIEWS / SALARY INFORMATION
Users have the opportunity to review employers via the employer rating platform. Users also have the opportunity to provide salary information for work in specific positions. The following rules must be observed:
Employers may only be rated for whom the user works or has worked or for whom the user has applied and been invited to an interview.
All information about the employer and workplace must be complete and correct; no false statements of fact may be made about employers, their employees, or any other circumstances concerning the respective employer.
All salary information, whether abstract or related to specific employers, must be complete and correct. No false information may be provided.

Any mention of named natural persons or information that allows a natural person to be identified (except for the user themselves) must be avoided.
Users may not link the information provided by them to external content.
The user agrees that their employer reviews and salary information may be edited or shortened by JobSpot1 and may be moved to other sections or topics within the JobSpot1 website. Furthermore, the user acknowledges that JobSpot1 may reject or delete their employer review and/or salary information at any time and without justification. The user also agrees that JobSpot1 may disclose their employer review and salary information to third parties.

5. REPORTING AND REMEDIAL PROCEDURES REGARDING UNLAWFUL CONTENTS

5.1 REPORTING OF UNLAWFUL CONTENTS
Reports regarding unlawful contents can be made to JobSpot1 at the following email address: hallo@JobSpot.de. As far as possible, precise information should be provided regarding the identification of the unlawful content and the reason for its unlawfulness.
JobSpot1 checks whether the report contains sufficient information to assess the unlawfulness of the reported content. If the report does not contain all the necessary information required for an examination, JobSpot1 will inform the reporting person accordingly. In the case of an incomplete report, JobSpot1 reserves the right to reject the report.

5.2 DECISION AND REMEDIES
Upon receipt of a report, JobSpot1 checks the reported content for its compliance with applicable law, the terms of use for job seekers, the terms and conditions for business customers, and the guidelines published on our websites (e.g., guidelines for submitting reviews and comments). If JobSpot1 considers the content to be unlawful, JobSpot1 may restrict, remove, or even block the job seeker's account.
If contact details of the affected person are available, JobSpot1 will provide them with a reasoned decision regarding the content moderation measures taken (as well as any further measures such as account suspensions) and inform them of the relevant legal remedies.
JobSpot1 also informs the reporting person of the decision, including the reasons and reference to the relevant legal remedies.

6. COSTS
The use of the products and services offered by JobSpot1 under these terms of use is generally free of charge.
In the case of chargeable products or services, JobSpot1 will inform the user of this before using them on the respective website with reference to the separately applicable terms of use, clearly and comprehensibly.

7. USER'S OBLIGATIONS
All data provided must be complete, current, and truthful. If the user provides incomplete or incorrect information, JobSpot1 has the right at any time to terminate the contract under Clause 10 of these terms of use and/or temporarily or permanently block the JobSpot1 account.
The user may only use their JobSpot1 account personally and is obligated to keep access data and passwords secure and not to disclose them to third parties. If a third party gains access to a user's JobSpot1 account, the respective user is obliged to inform JobSpot1 immediately.

8. INTELLECTUAL PROPERTY
All ownership and protection rights to the websites, platforms, and apps of JobSpot1, in particular copyright as well as rights to trademarks, designs, and know-how, remain with JobSpot1.
JobSpot1 grants users a non-exclusive, non-transferable right to use the platform, apps, and products and services offered by JobSpot1 in accordance with these terms of use. Any further publication, use, dissemination, or reproduction of ownership and protection rights without the express consent of JobSpot1 is not permitted.

9. NO WARRANTIES
JobSpot1 assumes no warranties regarding its platforms, apps, or the products and services offered by JobSpot1, in particular, JobSpot1 assumes no warranty
- for the timeliness, correctness, completeness, or suitability of content for a particular purpose;
- that submitted application documents will be received, read, or answered, or that a successful job placement will occur; and
- the uninterrupted or faultless availability of services.
JobSpot1 regularly performs backups. However, data loss cannot be completely ruled out.

10. LIABILITY
JobSpot1 is liable exclusively in accordance with applicable law for damages caused intentionally or by gross negligence.
JobSpot1 also publishes offers and content of third parties on its platforms and/or links to offers or websites of third parties. JobSpot1 has no control over the content of external links and assumes no liability for the content of such external links, including the accuracy, completeness, reliability, or suitability for specific purposes. Upon corresponding notification by users, unlawful content will be promptly removed.

11. DURATION OF THE AGREEMENT AND TERMINATION
These terms of use apply for the duration of the user's use of services or for users with a JobSpot1 account from the creation of the account for an indefinite period.
Users with a JobSpot1 account can terminate the contract between them and JobSpot1 at any time by (i) sending a letter to JobSpot1 AG, Albisriederstrasse 253, 8047 Zurich or an email to hallo@JobSpot1.de or (ii) deleting their account in the account settings of OneLog. In such a case, JobSpot1 deletes the JobSpot1 account and all data permanently and irrevocably, unless the data is needed to process the contractual relationship, assert or enforce legal claims, or JobSpot1 is legally obliged to retain the data.
JobSpot1 reserves the right to anonymize the data instead of deleting it. In accordance with Clauses 3 and 5 of these terms of use, the user grants JobSpot1 the right to use these anonymized data without restriction and to dispose of them without restriction. Further information on the use and deletion of data can be found in JobSpot1's privacy policy or in specific privacy policies for specific products/services.

12. CHANGES TO THE RANGE OF SERVICES
JobSpot1 reserves the right to change or discontinue the products and services offered at any time. The user has no claims against JobSpot1 due to a change or discontinuation of products or services.

13. AMENDMENTS TO THESE TERMS OF USE
13.1. AMENDMENT OF TERMS OF USE FOR USE OF SERVICES WITH JobSpot1 ACCOUNT
JobSpot1 will inform the user about the change of these terms of use (by providing the new terms of use and an overview of the relevant changes) at least two (2) weeks before their planned effective date in writing. The user is entitled to object to the change until the planned effective date of the amended terms of use. If the user does not object or does not object in writing and in time, the user's consent to the change is deemed to have been given, and the new regulation becomes effective against the user on the planned date. If the user objects in due time, JobSpot1 has the choice to continue the contractual relationship affected by the change under the old terms of use or to terminate it as of the planned effective date of the change.

13.2. AMENDMENT OF TERMS OF USE FOR USE OF SERVICES WITHOUT JobSpot1 ACCOUNT
For the use of services without registration, the terms of use in their current version apply. The current terms of use are displayed to the user when accessing the platforms and can also be viewed at any time. JobSpot1 can change these terms of use at any time.

14. APPLICABLE LAW AND JURISDICTION
These terms of use and any disputes arising from or in connection with these terms of use between JobSpot1 and the user are exclusively governed by Swiss law, to the exclusion of the provisions of the Federal Act on Private International Law (PILA). The courts of the city of Zug have exclusive jurisdiction. However, JobSpot1 has the right to invoke the courts at the user's place of residence deviating therefrom.

Zug, February 2024