PART ONE: TERMS AND CONDITIONS OF USE OF OTSINTÖÖD DATABASE FOR REGISTERED JOBSEEKERS
1.1. OtsinTööd – CV-Online Estonia OÜ.
1.2. Database – the OtsinTööd database located on the website www.otsintööd.ee that contains job offers, job-seeking notices and other data related to employment.
1.3. User – a natural person who has approved these Terms and Conditions, has registered in the Database, and has created a user account.
1.4. User Data – any and all data relating to the User entered by the latter in the Database, including those entered in the registration form, as well as the data inserted to the Database in the form of a file (CV and other documents related to the application) and other data processed by OtsinTööd in relation to the User. User Data constitutes personal data for the purposes of the Personal Data Protection Act and Regulation 2016/679 of the European Parliament and of the Council.
1.5. Terms and Conditions or Conditions – these terms and conditions for registered jobseekers for using the OtsinTööd Database.
1.6. Data Recipient – a legal or natural person who uses the Database for seeking and selecting employees, including for themselves or their clients, or for other services offered to employers by OtsinTööd via the Portal and to whom OtsinTööd communicates or makes accessible the User Data of the User in compliance with the Terms and Conditions.
1.7. Parties – OtsinTööd and the User.
1.8. Source - a third-party website from which OtsinTööd collects job offers.
1.9. Services – all OtsinTööd services aimed at jobseekers as described on the website www.otsintööd.ee. Employment mediation services (including the possibility to add the User’s application documents to the Database, search for and receive suitable job offers via e-mail, participate in contests, etc.) are free of charge for the User. The User shall pay a fee to OtsinTööd for additional services (consulting, testing, advertising, etc.) in the amount and pursuant to the terms and conditions set out in the description of the respective Service.
1.10. Access Data – the username and password chosen by the User when registering as a User or later changed by the User in the Database.
1.11. Portal – the environment created for providing services related to mediation of jobseekers and employers administered by OtsinTööd at the address www.otsintööd.ee.
2. RIGHTS AND OBLIGATIONS OF USER
2.1. After filling in the registration form and approving these Terms and Conditions, the User shall be granted access to the Database for using the Services by means of the Access Data.
2.2. The User shall maintain the confidentiality of the Access Data and not disclose them to anyone. The User is fully responsible for using the Access Data.
2.3. If the User has forgotten the Access Data or they suspect that the Access Data have become available to third parties, the User must immediately change their Access Data via their user account in the Database or notify OtsinTööd thereof via e-mail or telephone, following which OtsinTööd shall change the Access Data on behalf of the User.
2.4. The User shall only enter correct and accurate User Data in the Database that do not contain incorrect or misleading information concerning their education, work experience or character traits. The User shall be liable for the damage caused to OtsinTööd and any third parties due to their submitted User Data being incorrect, inaccurate or incomplete.
2.5. All rights to the Database belong to OtsinTööd. When using the Database and the Services, the User shall not acquire any rights to the Database or parts thereof. The User may use the data contained in the Database for contacting employers in good faith via the contact details provided in job offers for the purpose of applying for a job. The User may not make any extracts or copies of the Database or use it for any other purposes, including through the use any computer programs (applications, scripts, command line requests, etc.). Likewise, the User may not damage the Database or interrupt the operation thereof. When using the Database in any manner whatsoever (including for the purpose of using the Services), the User shall not receive the copyright to the software required for the operation of the Database.
2.6. The User in order to apply for a job offer published on the Portal by the Data Recipient shall fill out the application form, and optionally add the chosen application documents. The User by applying for a job offer published on the Portal by the Data Recipient, shall agree to transfer his/her personal data and application documents for processing to Data Recipient with the aim of taking part in the competition to obtain a job. The application documents attached by the User in the Database are available only for the Data Recipient, on which published job offer the User has voluntarily applied by using the Portal application system. The User has the right to withdraw his/her application for a job offer if it is sent to the Data Recipient’s job offer using the Portal application system.
2.7. The User in order to apply for a job offer collected from the Source shall use the options offered by the Source that are not under the responsibility and control of OtsinTööd.
2.8. The User, after logging in his/her User account, shall be entitled to manage his/her e-mail notifications for preferable job offers by supplementing and modifying its settings or refusing further receipt.
2.9. The User, after logging in his/her User account, shall be entitled to refuse receiving of e-mails about the services, opportunities and news of OtsinTööd and its partners.
2.10. The User shall be entitled to supplement, correct and replace the User Data, including the application documents, he/she has entered in the Database. In order to delete the User account, the User must send a respective application to [email protected]. OtsinTööd shall delete the User account within 7 (seven) days at the latest as of the receipt of a respective application from the User.
2.11. In addition to the provisions of clause 2.10, the User shall be entitled to:
2.11.1. request that OtsinTööd provides information as to what User Data OtsinTööd is processing with respect to them;
2.11.2. request that User Data be supplemented, corrected or replaced if the User is unable to exercise these rights in the manner provided in clause 2.10;
2.11.3. request that User Data be deleted and further processing be terminated;
2.11.4. request that the processing of User Data be restricted;
2.11.5. file objections to the processing of User Data;
2.11.6. file complaints to the respective supervisory authority with regard to the processing of User Data;
2.11.7. exercise their right to the portability of User Data pursuant to Article 20 of Regulation 2016/679 of the European Parliament and of the Council.
3. RIGHTS AND OBLIGATIONS OF OTSINTÖÖD
3.1. By consenting to Conditions of use, the User shall grant consent for using cookies by OtsinTööd on web page www.otsintööd.ee for the aim to personalise Service and contribute to providing better Service to User.
3.2. OtsinTööd shall enable the use of the Services for the User pursuant to the provisions of these Terms and Conditions and the Portal as of the registration of the User in the Portal.
3.3. Processing the User Data of the User shall take place on the basis of the Terms and Conditions as an agreement entered into between the User and OtsinTööd in order to comply with the Terms and Conditions and within the scope provided therein. The processing of certain User Data, depending on the Service being provided, shall also take place in order to comply with the obligations of OtsinTööd arising from legislation, e.g. within the scope provided in the Accounting Act. OtsinTööd is operating as the controller with respect to the processing of the User Data of jobseekers. In order to communicate in regard to this topic, please write an e-mail to OtsinTööd: [email protected].
3.4. OtsinTööd would like to emphasise that the submission of User Data is an obligation arising from the Terms and Conditions and the failure to submit them or the request that their processing be terminated or restricted may render it impossible for OtsinTööd to provide Services to the User pursuant to the Terms and Conditions. If the User files a respective request with regard to the processing of their User Data, OtsinTööd shall be entitled to suspend the provision of Services to the User and to delete the user account along with any and all data related thereto. In the respective case, the User may also apply that their user account and any and all data related thereto be deleted.
3.5. OtsinTööd processes (including collecting, storing, organising, subdividing, linking, using, deleting, making accessible to Data Recipients, etc.) the User Data submitted by the User when registering in the Portal and entered in the Database by the User for the purpose of providing Services to the User, and also when this is necessary for the performance of the obligations of OtsinTööd as provided in legislation or for the protection of the legitimate interests of OtsinTööd.
3.6. OtsinTööd does not communicate User Data to any third parties except in the following instances:
3.6.1. to Data Recipients in order to perform the contracts entered into with them or to ensure such performance;
3.6.2. to third-party service providers whom OtsinTööd uses for providing Services to the User and to ensure the provision of the Services.
3.7. The persons specified in clause 3.6 are authorised processors of the User Data. The list of the authorised processors specified in clauses 3.6.1 and 3.6.2 is accessible at the website https://www.otsintööd.ee/en/companies.
3.8. If OtsinTööd has a reason to believe that the User Data of the User entered in the Database are incorrect, erroneous, or fail to meet the generally accepted moral standards, OtsinTööd shall be entitled to delete the entered data from the Database.
3.9. OtsinTööd is not an authorised representative or agent of Data Recipients, and therefore OtsinTööd shall not be liable for any damage that may be caused to the User when seeking a job or participating in contests in the Portal. The User shall commence precontractual negotiations and enter into an employment contract with the Data Recipient independently without the mediation of OtsinTööd, and the latter shall not be responsible for any promises given by the Data Recipient to the User or their failure to comply with the terms and conditions of the employment contract.
3.12. OtsinTööd shall not guarantee that the User finds a job via the Portal and shall not communicate with persons in need of employees for this purpose.
3.13. OtsinTööd shall not be liable for any illegal or unauthorised use of the User Data of the User made available to Data Recipients or the confidentiality of such data if the Data Recipient has to ensure confidentiality.
3.14. If the User has granted the respective approval when registering in the Portal, OtsinTööd shall be entitled to notify the User of the services, opportunities and news of OtsinTööd and its partners via the e-mail address entered when registering in the Portal.
3.15. OtsinTööd shall be entitled to notify the User via e-mail of new job offers that meet the criteria set about preferred job.
3.16. OtsinTööd shall be entitled to transfer the Database, including the User Data contained therein, to a server located in a foreign state. In such case, OtsinTööd shall still remain the controller of the data.
3.17. OtsinTööd shall preserve User Data throughout the entire period of provision of Services and until the deletion of the User’s account pursuant to clause 2.10. User Data that are specifically related to job candidacy by the User via the Service shall be preserved by OtsinTööd for one year.
3.19. OtsinTööd shall be entitled to change the Database procedures and menu structure without giving the User prior notice.
3.20. OtsinTööd shall be entitled to unilaterally amend these Terms and Conditions, giving notice of the amendments and making the new Terms and Conditions available on the website www.otsintööd.ee at least 5 (five) days before the entry into force of the amendments. Amendments shall not apply retroactively with respect to the Services ordered by the User before their entry into force.
4. LIABILITY OF PARTIES
4.1. OtsinTööd shall be entitled to unilaterally terminate the provision of Services without providing advance notice and without refunding the User the fee paid for the Services if the User has violated these Terms and Conditions and has failed to eliminate the violation within 10 (ten) working days as of the receipt of a respective warning from OtsinTööd via e-mail.
4.2. The User shall be entitled to waive the further use of the Services at any time irrespective of the reason by notifying OtsinTööd thereof via e-mail. In this case, the User shall not be entitled to demand that the fee paid for the Services be refunded.
4.3. The User shall be liable for the damage caused to OtsinTööd by violating these Terms and Conditions.
4.4. OtsinTööd shall not be liable for the accuracy or content of the data entered in the Database or any damage caused to the User as the result of using the data contained in the Database.
5. FINAL PROVISIONS
5.1. If the Terms and Conditions provide that OtsinTööd must be given notice via e-mail, the User shall send such notices to [email protected].
5.2. If the Terms and Conditions provide that OtsinTööd must be given notice via telephone, the User shall communicate such notices via the telephone number (+372) 6990555.
5.3. The Parties shall attempt to resolve any disputes arising in the course of the performance of their obligations by way of negotiations. Failing agreement, the dispute shall be resolved in the court of the Republic of Estonia in compliance with the legislation of the Republic of Estonia.
PART TWO: TERMS AND CONDITIONS OF USE OF OTSINTÖÖD DATABASE FOR UNREGISTERED JOBSEEKERS
This part of the terms (hereinafter “the Terms”) shall form a separate and independent part of the terms that are applicable to unregistered jobseekers upon using the www.otsintööd.ee website (hereinafter “the Portal”) administered by CV-Online Estonia OÜ (hereinafter “OtsinTööd”) and the services offered through it.
If you use the Portal for applying for any of the job offers made available there, subscribe to e-mail notifications about preferred job offers and you do not have a registered user account in the Portal or you do not want to authenticate yourself in the Portal (hereinafter “the client” and/or “you”, “your”, etc.), these Terms shall apply to you.
These Terms shall be informative and include information in the Chapter below about processing your personal data.
OtsinTööd shall not assume any liability for the accuracy of the information entered in the application form by you and shall not ensure that the operation of the Portal is without any failures. If there are any failures in the operation of the Portal and you are not sure whether your application and other data/documents reached the respective employer, inform OtsinTööd by writing to the address: [email protected].
1. PROCESSING OF PERSONAL DATA
1.1. Based on your consent, OtsinTööd shall transmit to the respective employer your following personal data that you have decided to transmit to the employer by completing the Portal’s application form: e-mail address, first name and surname, telephone number, data included in the application, data included in the document attached by you.
1.2. OtsinTööd has been referred to in these Terms as the processor in respect of processing your personal data. The respective employer to whom you agree to transmit your personal data is the controller in respect of your personal data. The employer shall process your personal data in the manner and for the purposes of which it has informed you separately.
1.3. The personal data transmitted by you are made available to the respective employer, employees of OtsinTööd and, in an appropriate case, to service providers of OtsinTööd who act as processors of OtsinTööd.
1.4. OtsinTööd shall preserve your application data in the Portal for one year of the respective application. The aforementioned term for preservation shall arise from the limitation periods for the assertion of claims for compensation for certain damage that apply to your applications.
1.5. If you do not submit the personal data referred to in clause 1.1, it shall not be possible for you to apply for a respective job and you have either to (i) contact the employer for applying for the job on your own; or (ii) register yourself in the Portal as a user in order to apply for the respective job.
1.6. You may have the following rights in respect of processing your personal data:
1.6.1. request access to your personal data;
1.6.2. request that the data be supplemented, corrected or replaced;
1.6.3. request that the data be deleted and further processing be terminated;
1.6.4. request that the processing of the data be restricted;
1.6.5. file complaints to the respective supervisory authority with regard to the processing of the data;
1.6.6. withdraw your consent;
1.6.7. exercise your right to the portability of the data pursuant to Article 20 of Regulation 2016/679 of the European Parliament and of the Council.
Tallinn, May 25, 2018