Version 1.1 // 2019-01-01 // EN
Introduction, Purpose of myVeeta
- Talent Solutions GmbH operates a web platform under the brand “myVeeta” for specific services that aim to support applicants and companies before, during and after sending or receiving applications.
- The following General Terms and Conditions (GTC) govern the contractual relationship between Talent Solutions GmbH (hereinafter also referred to as myVeeta) and end customers (hereinafter referred to as applicants or users) who use myVeeta, among other things, to manage their applicant data (personal data, CVs and applications or application-specific data), to apply to companies and/or to make their applicant data available to career service providers (e.g. recruiters, job platforms, public applicant pools, job search apps, etc.).
- Under no circumstances does myVeeta provide independent personnel consulting or recruitment services. Therefore, the commercial or non-commercial offering of vacancies on behalf of third parties as well as the commercial or non-commercial provision of applicant data to companies or career service providers for the purpose of finding candidates to fill vacancies is expressly excluded within the scope of myVeeta.
- Applicant data is only made available to companies, career service providers or other third parties such as natural persons (hereinafter collectively referred to as Third Parties) if applicants explicitly send an application via myVeeta to a specific Third Party previously selected by them outside of myVeeta, or otherwise express their intention to contact such a Third Party via myVeeta and/or to provide it with applicant information.
- Details regarding the services offered can be found on the website www.myveeta.com/talents (hereinafter referred to as myVeeta website, which also refers to the entire myVeeta platform) in the respective version.
- myVeeta provides services, orders and commissions exclusively on the basis of the following General Terms and Conditions (GTC). Regulations deviating from these terms and conditions are not recognised unless they are expressly confirmed in writing.
- myVeeta is entitled to amend or supplement the GTC at any time, provided that the amendments are reasonable for the User, taking into account the interests of myVeeta. Consent to the amendment of the contract is deemed to have been given if the user does not object to the amendment within four weeks after receipt of the notification of amendment.
Contract offer, contract conclusion, contract termination
- The customer order is accepted by the notification of acceptance or with the first fulfilment act.
- myVeeta is entitled to refuse to conclude a contract without giving reasons.
- The contract comes into effect with the registration of the user and is concluded for an indefinite period. The contractual relationship may be terminated by either party with immediate effect without giving reasons.
- The term and any provisions regarding termination that go beyond these GTCs are set out in the specific descriptions of the products on the website.
- Upon termination of the contract, all rights of the user from the registration expire.
- The termination of the contract must be in writing in order to be effective; alternatively, termination by the user is also permitted via the mechanism provided for this purpose on the website (e.g. a “Delete user account” button on the user profile page or comparable mechanisms).
Scope of services
- The scope of services offered as well as the amount of the corresponding fees and their method of payment result from the information on the myVeeta website in connection with the descriptions of the respective contractual items in these GTC.
- myVeeta provides free and premium services:
- Free services include the provision of the myVeeta application and CV platform as well as possible other services.
- Premium services include possible additional services as described on the myVeeta website.
- The performance obligations incumbent on myVeeta result from the performance description of the products, which can be found on the myVeeta website. The service exclusively comprises the use in accordance with the service description. No further rights are transferred to the user.
General terms of payment
- Unless otherwise stated, all prices are in euros and include VAT.
- All price increases require the consent of the user. The consent is deemed to have been granted if the user does not object to the price increase within 4 weeks after receipt of the change notification. myVeeta undertakes to inform the user of the consequences of a failure to object with the change notification.
- The fee for the use of the services of myVeeta must be paid in advance in each case. myVeeta is entitled to provide the agreed services only after payment of the fees agreed for the registration. The billing period is determined by the respective ordered rate (according to the current service description on the myVeeta website).
- In the event of default, myVeeta shall charge interest in the amount of five percent above the base interest rate of the European Central Bank annually and is entitled to block the user’s account.
- If it becomes necessary to block the user account to exercise the right of retention, myVeeta may demand administration costs of EUR 20.00 from the user.
- The user may authorise myVeeta to collect the payments to be made by him/her from an account to be named by the user. If a direct debit is returned or not honoured, the user hereby irrevocably authorises his/her bank to inform myVeeta of his/her name and current address. If a direct debit is returned or not honoured and the user is responsible for this, he/she is obliged to reimburse myVeeta for the respective return debit note costs of the bank as well as processing costs in the amount of EUR 10.00. The user is also obliged to reimburse myVeeta for the return debit note costs.
Relationship between users, third parties and myVeeta
- The services offered by myVeeta essentially aim to facilitate communication and exchange between applicants and third parties (such as companies), and thus support common application processes (e.g. sending an application in response to a job advertisement).
- The user agrees that myVeeta may transfer his/her applicant data to (named) third parties after explicit request by him/her, whereby myVeeta transfers the user’s applicant data to these third parties for storage and use for an unlimited period of time until revoked. Such a request by the applicant or transfer of applicant data by myVeeta usually takes place in the following cases:
- The user applies to a company or a recruitment agency using myVeeta
- The user sends his/her updated CV and/or applicant data via myVeeta to companies to which he/she has previously applied, with the intention of keeping his/her applicant data up-to-date in the internal applicant pool of the respective companies in order to be kept on record as a candidate for new vacancies.
- The user sends his or her applicant data to career service providers, such as
- Job boards – to apply quickly and easily for positions advertised there,
- Public applicant pools – to create/update an applicant profile there and thus be found by companies, or
- Job-matching apps – to get job offers matching your profile and to apply for the corresponding job if necessary.
- The user sends his applicant data to third parties who use his data to support him in his job search.
- myVeeta undertakes to transmit any data of users to third parties only if the user has expressed his or her clear intention and has given myVeeta the order to transmit his or her applicant data to these (named) third parties.
- The User grants myVeeta permission for the transmission of his/her applicant data to third parties to contact the respective third parties at his/her request and to transmit his/her applicant data to the respective third party by email or other electronic communication.
- For such transmissions, myVeeta will take all technically possible security measures to protect the applicant data from access by unauthorised persons and to ensure that the recipient receives the data. However, due to different systems and configurations on the part of the recipient, myVeeta can – especially when sending applicant data by email – neither guarantee complete data encryption nor successful receipt of the data transmission.
- The user agrees that third parties to whom myVeeta has sent applicant data on his behalf may store and use this applicant data for an unlimited period of time.
- The user may revoke the permission to store and use his/her applicant data for third parties at any time and without stating reasons on the myVeeta website with little effort. In this case, myVeeta shall notify the relevant third party of this in an appropriate manner, and during this shall request deletion of all personal data of the user on behalf of the user in accordance with the e-commerce act (=ECG). myVeeta shall, however, not be liable for the successful delivery of the relevant notification, nor for the actual deletion of the data by the third party in question.
- By managing and forwarding applicant data, myVeeta acts only as an exchange medium. myVeeta is not a party to the transaction or to the relationship between the user and third parties, and is therefore not liable for the proper handling of applicant data by them.
- myVeeta assumes no liability for the content created by users and other parties. This also applies to copyright, accuracy, legality, or suitability of the content provided by the user.
- myVeeta is not liable for damages incurred by the User due to misuse of his/her applicant data by other parties (companies, private individuals, platforms, etc.).
- myVeeta has a limited right to use the transmitted content for the purpose of providing the services in accordance with point 4.
- If the user deletes his/her data from myVeeta or terminates his/her contract with myVeeta (or deletes his/her user account) as an exchange medium, this alone does not create any obligation for third parties to whom applicant data was previously transmitted by myVeeta to also delete their data. However, users have the option to revoke the permission to store and use their applicant data for any third party at any time before they terminate the contract with myVeeta.
- Of course, this does not affect the user’s right to contact any third party directly at any time and request deletion of his or her data, as is usually done by people who do not use myVeeta.
Warranty and liability
- The user expressly agrees that he/she uses the services of myVeeta at his/her own risk.
- Neither myVeeta nor its employees or other persons or companies connected with the services guarantee the availability and functioning of myVeeta and connected services, as well as the successful transfer of data to third parties or an actual processing of transferred applicant data by third parties.
- myVeeta makes no warranties as to the results that may be obtained from the use of the services, nor as to the accuracy, usefulness or content of any information distributed through myVeeta.
- myVeeta is only liable for damages if myVeeta or one of its vicarious agents has violated an essential contractual obligation in a way that endangers the purpose of the contract or if the damage is due to gross negligence or intent on the part of myVeeta or one of its vicarious agents. If the culpable breach of an essential contractual obligation is not due to gross negligence or intent, the liability of myVeeta is limited to the amount of the damage that was reasonably foreseeable for myVeeta at the time of the conclusion of the contract, but at most to the fee paid by the user for the use of myVeeta in the period from the occurrence of the damage. Furthermore, liability for loss of profit, loss of data, failure to make additional savings, indirect or other consequential damage, financial loss and other damage to third parties is expressly excluded.
- The liability of myVeeta is excluded for slight negligence, as well as compensation for consequential damages, financial losses, and damages from third party claims. Any warranty due to technical conditions of the internet is also excluded, so that there is no warranty for the availability of technical facilities of myVeeta or third parties. Likewise, there is no guarantee for the error-free, immediate and secure transmission of all data via the internet between myVeeta and the user.
- Force majeure, labour disputes, natural disasters and other circumstances beyond the control of myVeeta shall release myVeeta from its obligations until such circumstances cease to exist.
- myVeeta does not provide any guarantee whatsoever for the protection of customer data against unauthorised third-party access from the Internet. myVeeta is also not liable for incidents or security problems that could have been avoided by fully observing the current knowledge on the secure use of the Internet or the agreed services and consistently implementing appropriate measures. The user has no claims against myVeeta for free rectification of such problems and error conditions, any compensation payments or reductions in remuneration.
Pflichten des Benutzer
- The user chooses his own access data (user name and password) to protect his myVeeta user account. He is obliged to keep this information confidential and is liable for any misuse resulting from unauthorised use of his access data.
- The user warrants that the personal data provided by him/her within the scope of myVeeta is correct and complete.
- The user acknowledges that in the interest of quality assurance of the services of myVeeta, no false identities may be registered and undertakes to ensure that all information submitted is truthful. The user is liable to myVeeta for any damage caused by false information.
- The user undertakes to use the myVeeta platform for its intended purpose. In particular, he undertakes,
- refrain from any form of reverse engineering
- not to attempt to unlawfully obtain other people’s user data,
- not knowingly compromise the security, performance and stability of myVeeta,
- to refrain from all other actions that could impair the stability or security of the myVeeta platform, and
- to respect the copyrights of the content transmitted by myVeeta.
- The use of myVeeta is not subject to any volume-dependent limitation, and therefore functions according to the fair-use principle. Excessive use of the myVeeta services will be brought to the attention of the user by myVeeta if necessary, and will lead to termination of the contract by myVeeta in the event of continued excessive use.
- The user undertakes not to distribute content in the following categories via myVeeta:
- Content that promotes violence or racism
- Nazi and anti-Semitic content
- fraudulent content
- Content that infringes the rights of third parties
- In case of misuse of myVeeta (e.g. sending spam, inappropriate contact with third parties or contact with third parties for an improper purpose), myVeeta is entitled to immediately block the user’s account and to terminate the user’s membership.
- The user is liable to myVeeta and third parties for any damage incurred.
- The user agrees that myVeeta may send him/her emails for the provision of the agreed services.
- The seamless protection of user data against unauthorised access is one of the most essential aspects of myVeeta’s operations.
- myVeeta takes all customary, state-of-the-art measures to protect user data during transmission and storage. These include among others
- Fully encrypted data transmission at the level of online banking and above
- Secure logins and passwords
- Exclusive use of ISO 27001 or equivalent certified hosting providers with many years of experience
- Definition of internal security standards, policies and best practices as well as corresponding training of all employees
- Software development in accordance with the Austrian ÖNORM A7700, “Security requirements for web applications”.
- myVeeta undertakes to transmit any data of users to third parties only if the user has expressed his or her clear intention and has given myVeeta the order to transmit his or her applicant data to these specific (named) third parties.
- myVeeta undertakes to treat all user data received and created during the term of the contract as confidential and to use it exclusively for the fulfilment of the contractually agreed services, with the exceptions listed below:
- myVeeta uses services of third-party companies (e.g. web hosting, CV parsing, generation of PDF CVs) to provide the myVeeta services. The transfer of user data to such third-party companies is therefore necessary and is expressly permitted by the user. In such cases, myVeeta ensures that the data protection standards of such third-party companies are comparable to those of myVeeta and that the protection of all user data can continue to be guaranteed without any gaps.
- myVeeta collects anonymous usage data for the purpose of improving the service.
- myVeeta uses aggregated or completely anonymised user data to support industry studies, analyses, evaluations etc.
- The employees of myVeeta may view information about the user and the user’s data for the purpose of troubleshooting, improving myVeeta or processing support requests. All myVeeta employees are obliged to maintain absolute confidentiality.
- myVeeta expressly draws the user’s attention to the fact that data protection for data transmissions in open networks (such as the Internet) cannot be comprehensively guaranteed according to the current state of technology. Various parties and participants on the Internet may be technically able to intervene in network security without authorisation and to control message traffic.
- All user data that is stored at myVeeta within the scope of the service used is regularly backed up by myVeeta with due diligence. Recognised backup solutions according to the current state of the art are selected as backup techniques.
- All agreements must be in writing to be effective. This shall also apply to any waiver of the written form requirement.
- Should a provision of the contract or a provision in the General Terms and Conditions be or become invalid in whole or in part, the validity of the rest of the contract or the General Terms and Conditions shall not be affected. The invalid provision shall be replaced by a provision that comes as close as possible to the purpose of this provision in a legally effective manner. This shall apply accordingly if a loophole exists.
- The exclusive place of jurisdiction for all disputes arising from this contract shall be the court having subject-matter jurisdiction for Vienna First District (“Innere Stadt”).
- The contracts concluded by myVeeta based on these General Terms and Conditions and claims of any kind arising from them shall be governed exclusively by Austrian law, excluding the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods.