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Terms of Service

Status of these Terms of Service: 13.07. 2020

1 Agreement

1.1 Conclusion of Contract

1.1.1 These Terms of Service constitute and define the contractual relationship concluded between the OPERATOR (see sec. 2.1) and all users of the PLATFORM (see sec. 2.1) with regards to the PLATFORM. Such a contractual relationship between the OPERATOR and an individual user governed by these Terms of Use shall enter into force and effect under the conditions laid down herein after by way of the registration of this user on the PLATFORM. Any contractual conditions of users shall be deemed refuted by the OPERATOR and they shall not be construed as included in these Terms of Service, neither by explicit reference to them made by the user nor by way of counter-confirmation of these Terms of Service made by the user with reference to his/her own contractual conditions, nor by any other method.

1.2 Right of Revocation

Users have the right to revoke this agreement without stating reasons within fourteen days from the date of its conclusion (revocation period), subject to the following:

1.2.1 The revocation should be made via the function "unsubscribe" in the user profile of the PLATFORM, otherwise it must be submitted to the OPERATOR in another text form (e.g. by email, letter or fax) and must clearly express the user’s intention that he does not wish to continue using the PLATFORM and/or any service offered via the PLATFORM. A submission within the revocation period is sufficient to meet the deadline.

1.2.2 If the agreement is revoked, the OPERATOR shall return all payments received from the user in due course and no later than fourteen days from the date on which the notice of withdrawal of the agreement has been received. For this repayment, the OPERATOR shall use the same means of payment used by the affected user in the original transaction, unless otherwise agreed with the user. The OPERATOR will not charge own fees for this return payment.

1.2.3 Any revocation is excluded once the user has made use 0f the ordered service in full or in part.

1.3 Amendments

1.3.1 The Operator reserves the right to update and amend these Terms of Service from time to time, in particular

  • to change services offered or to offer additional services

  • to adapt these Terms of Service to changes in the law

  • to comply with a court decision or an administrative decision

  • to close existing security gaps;

  • if the change is merely beneficial to the users

  • if the change is of a purely technical or procedural nature without significant impact on users.

1.3.2 The OPERATOR shall inform registered users about amendments of these Terms of Service by email. Furthermore, the OPERATOR shall inform all visitors to the platform via the PLATFORM. It is up to registered users and other visitors to the platform to inform themselves about the current status of these Terms of Service via the PLATFORM.

1.3.3 Amendments which have only insignificant influence on the functions of the PLATFORM shall not be deemed to represent any changes in performance and they shall not entitle the users to reduce fee owed to the OPERATOR in the case of using a paid service. This applies, in particular, to changes of the PLATFORM of a purely graphic nature and a mere change of the arrangement of functions on the PLATFORM.

2 The Platform

2.1 Operator

2.1.1 cvlogin GmbH, c / o iMaven GmbH, Schröderstrasse 12, 10115 Berlin, Germany, registered in the commercial register of the district court Berlin-Chalottenburg under HRB 204125 B ("OPERATOR") operates the internet service cvlogin at www.cvlogin.com, www.cvlogin.net, www.cvlogin.in, www.cvlogin.es, www.cvlogin.de, www.cvlogin.co.uk, www. www.cvlogin.fr, www.cvlogin.com.br, www. www.cvlogin.com.ru and www.cvlogin.io ("PLATFORM").

2.2 Purpose

2.2.1 A meaningful, well-structured curriculum vitae ("CV") is as important in the application process as suitable professional qualifications. However, CV creation constitutes a considerable hurdle for many job seekers. The PLATFORM provides job-seekers with help in creating their CV, which they can then save online on the PLATFORM. Users can generate their own CVs online and use their personalized career profile to help them optimize their CVs while looking for jobs with career coaches, recruiting platforms and companies, as well as other service providers and institutions for educational training (hereinafter referred to as "THIRD PARTY PROVIDER(S)”) to interact with.

2.2.2 Many employers complain about incorrect information contained in the CVs of applicants. Therefore, there is an existing demand on their side for verifying applicant information in CVs in collaboration with educational institutions and former employers. The PLATFORM offers such assistance in order to minimize the time-consuming manual review of CV data and to speed up the selection process in the interest of both applicants and employers.

2.2.3 In addition, many schools, universities and other educational institutions would like to see better ways to further support their graduates through career tips and job opportunities and to help them on their future careers path. The PLATFORM also supports this request by way of suitable services.

2.2.4 Modifying the settings in their own profile in the "Dashboard" on the PLATFORM which may be changed at any time, users determine which service(s) they wish to use and for which third party their personal data shall be used.

2.3 How the PLATFORM works

2.3.1 Registration

2.3.1.1 For making use of the full functionality of the PLATFORM, users need to register. When doing so, they will first enter their personal registration data in the browser, where these data will be stored temporarily (peripherally). Alternatively, they may register via the Facebook Login or Linkedin Login. In this case, the users will allow the OPERATOR to process their personal data stored there in accordance with the cvlogin privacy policy. Following the first upload of a CV to the PLATFORM by the user, the data contained therein will then be permanently stored in the PLATFORM database.

2.3.1.2 Subsequently, users may make changes to their CV at any time and upload additional documents such as certificates, references and the like, and attach them to their CV on the PLATFORM. Uploaded documents are automatically read by means of software, digitized and then made available to the relevant user via a download link.

2.3.1.3 Data stemming the registration process, the CV and supplementary documents are also used by the OPERATOR for the purpose of selecting and submitting supplementary service offers to the relevant user in accordance with the cvlogin privacy policy.

3 Services

3.1 The OPERATOR offers registered users several classes of services via the PLATFORM, either directly or through third partY PROVIDERS.

3.2 CVs

3.2.1 Registered users can create and optimize their own CV on the PLATFORM free of charge. This CV will then be made available for download to them via a download link. This service offer includes the following options of users:

  • create, edit, save and modify a CV on the PLATFORM; CVs so created will carry the PLATFORM logo.

  • upload and store documents such as certificates and references and link them to the CV; all uploaded files will be digitized in a suitable format.

  • store the CV and affiliated documents (e.g. in pdf format), extract and print them.

3.2.2 In addition, the OPERATOR provides users with special design templates for CVs (so-called premium templates) for a fee. CVs created with the help of premium templates will not contain the PLATFORM logo. Users subscribing to this service will be granted  a fixed period days booked by the user, within which users can create, modify and save as many CV versions as they like using their chosen premium template(s). After the booked period, created versions remain usable, but can no longer be modified. Once a premium template has been used within the said period, the full service fee is due.

3.3 Career Assistant

Activating the cvlogin Career Assistant which is free of charge, registered users may opt to receive tailored proposals submitted by specialized “career coaches", being THIRD PARTY PROVIDERS, for additional services in connection with the preparation of their CV, based on their personal CV data. Such THIRD PARTY PROVIDER service(s), if selected by a user, may be associated with a cost for that user, charged by the relevant THIRD PARTY, and may include the following:

  • support in creating and improving CVs and application letters

  • individual coaching in preparing for upcoming job interviews

  • help in finding suitable job offers.

3.4 Education and Vocational Training

The PLATFORM provides registered users with opportunities to receive, free of charge, offers by THIRD PARTIES for education and vocational training relevant to them, based on their personal CV data. Such offers may come from universities, schools, learning platforms and alike. These THIRD PARTY PROVIDER service(s), if selected by a user, may be associated with a cost for that user, charged by the relevant THIRD PARTY PROVIDER.

3.5 Job Offers

3.5.1 The PLATFORM offers registered users the option to receive, free of charge, job offers relevant to them from employers, recruiting platforms and service providers ("job providers"). The job offers are made through display ads on both the PLATFORM and external websites. They are also sent by email to users who have consented to it.

3.5.2 In addition, the PLATFORM grants users the opportunity to apply directly via the interface "CV connect” to job offers submitted by THIRD PARTY PROVIDERS.

3.6 Third PartY PROVIDERS

3.6.1 In order to enable users to find suitable offers from career coaches, job providers and training providers and institutions and with the purpose of submitting suitable proposals for offers from such THIRD PARTY PROVIDERS tailored to the individual profile of users, the OPERATOR will analyze the content contained in the users’ CVs and other documents uploaded by them to the platform with regard to data on professional qualifications, abilities and experience.

3.6.2 THIRD PARTY PROVIDERS, if selected and vetted by the OPERATOR, will be allowed to view user profiles in the PLATFORM database in an anonymized format only and, based on this information, to inform the OPERATOR of their interest in contacting selected individual user profile owners.

3.6.3 Any request to the OPERATOR on the part of a THIRD PARTY PROVIDERS for (a) receiving information about the identity and / or contact data of a certain user for the purpose of directly contacting this person and (b) being granted read access to the corresponding non-anonymised user profile (CV and supplementary documents) will only be answered in the affirmative after the relevant user has consented to it. Further details are regulated by the cvlogin privacy policy.

3.7 Changes

3.7.1 The OPERATOR reserves the right to expand, modify, reduce or partially discontinue his services for reasons of continuous development, provided that the interests of users will not be unreasonably affected. None of such changes gives rise to claims by users for reduction or reimbursement of fees or for compensation for damages.

3.7.2 If the OPERATOR’s service offering is substantially reduced or discontinued during an agreed minimum term or until the expiration of the period of ordinary termination, the Users is entitled to terminate his membership in accordance with Section 11.2 for good cause without observing an otherwise prescribed period to terminate.

4 OPERATOR’s services and services of third parties

4.1 OPERATOR’s services

4.1.1 The OPERATOR has the right to include third parties in the delivery of his services to users as well as in the fulfillment of other obligations and tasks at his sole discretion. As far as personal data of users are concerned, the cvlogin privacy policy applies.

4.1.2 The OPERATOR also has the right to transfer his business operations or parts thereof to a subsidiary or to a joint venture. In this case, all rights and obligations arising from this contractual relationship shall be transferred to the transferee.

4.2 Third Party Providers

4.2.1 The OPERATOR cooperates with other providers such as career coaches, employers, recruitment platforms and service providers, universities, schools and learning platforms (Third Party Providers) in order to provide users with attractive offers around job and career opportunities (cp. above). With regard to the contact and relationship between users and Third Party Providers, the OPERATOR acts as a mere intermediary in the initiation of such contacts and the OPERATOR shall never be a party to any contractual relationship so concluded between any user and any Third Party Provider.

4.2.2 The contents, permissibility, availability, quality and punctuality of the services offered to users by Third Party Providers are the latter’s sole responsibility. They are not agents of the OPERATOR nor shall the OPERATOR be their supervisor.

4.2.3 The delivery of a fee-based service offered by a Third Party Provider and purchased by a user is determined exclusively between these two parties and the OPERATOR is not affected thereby. The OPERATOR assumes neither warranty nor liability for any Third Party Provider service. However, the OPERATOR shall oblige all Third Party Providers to comply with applicable legal privacy standards in handling users’ personal data in accordance with the cvlogin privacy policy. Users are not entitled to charge up debts which a Third Party Provider purportedly has vis-à-vis them against their own debts which they have vis-à-vis the OPERATOR.

4.2.4 On the basis of appropriate agreements, the OPERATOR may confer the handling of user payments to qualified third party service providers.

5 Consent

5.1 To the extend laid down in detail in the cvlogin privacy policy and according to their self-selected settings in the cvlogin Dashboard which can be modified at any time, users give their revocable consent that the personal data they have entered in and uploaded to the PLATFORM, including information about education and professional development, may be made available and transmitted by the OPERATOR to selected Third Party ProviderS.

5.1.1 Job provider

5.1.1.1 By deciding to receive relevant offers from employers, recruiting platforms and service providers (job providers), such decision being modifiable at any time in the profile settings of the PLATFORM, users agrees that the OPERATOR as well as the job provider may

  • process their data stored on the PLATFORM for the purpose of submitting to them relevant job offers via display ads and on external websites or have them displayed by third parties;

  • contact them via email to inform them about job offers that are relevant to them.

5.1.2 Career Coaches

5.1.2.1 Users consent that the OPERATOR shall process their personal data stored on the PLATFORM or shall have them processed by third parties for the purpose of proposing to the users suitable providers of services in connection with the creation of CVs (Careers Coaches) and of submitting their offers to users directly via the PLATFORM.

5.1.2.2 By accepting the offer of a Career Coach proposed  via the PLATFORM, users authorize the relevant Career Coach to access and process their personal data stored on the PLATFORM and to contact them by email in order to point out suitable career coaching offers.

5.1.3 Education and Training Institutions and Providers

By accepting the offer to receive information about relevant education and training opportunities from universities, schools and learning platforms, such acceptance being modifiable at any time in the profile settings of the PLATFORM, users authorize the OPERATOR and the respective affiliate and continuing education providers to

  • evaluate their personal data stored at the PLATFORM and display suitable offers for education and training via third-party display ads on the platform as well as on external websites;

  • contact them by email to inform them about relevant offers for education and training.

5.2 The use of the individual services of the PLATFORM and the associated approvals can be modified by users at any time by activating or deactivating their relevant profile settings on the PLATFORM. However, any such change shall not have retroactive effect. In addition, the cvlogin privacy policy applies.

6 Rights of the OPERATOR

6.1 The OPERATOR is under no legal or moral obligation to accept, display, verify, monitor or manage any content uploaded onto the PLATFORM by users. However, the OPERATOR reserves the right to remove content from the PLATFORM at any time without notice at its sole discretion, whether or not such content is in violation of these Terms of Service.

6.2 Users authorize the OPERATOR to collect, store, process and pass on to third parties the personal data transmitted by them to the OPERATOR, if and to the extent that this is required for the provision of the service(s) chosen by the users and subject to the cvlogin privacy policy.

6.3 The OPERATOR reserves the right to place own ads or third-party ads on the PLATFORM.

7 Fees

7.1 In the case of the use of paid offers of the PLATFORM, users commit to the timely payment of the respective user fee. Details of the amount of the fee, payment options and payment periods are specified in the cvlogin price list which shall be considered part of these Terms of Service.

7.2 Users can settle invoices by means of the payment method offered by the OPERATOR. In case that a fee cannot be collected, the affected user shall indemnify the OPERATOR of all costs related to such default, in particular bank charges in connection with the return of direct debits and comparable fees, to the extent that the user is responsible for the event causing the costs.

7.3 All invoices and reminders to users issued by the OPERATOR shall be transmitted to the users in electronic format via electronic means.

7.4 In case that the users’ place of residence or business is located outside the Euro territory, they will still be billed in Euros. However, the amount will also be displayed in the respective national currency during the payment process.

8 Responsibility for Content

8.1 Users are solely and fully responsible and liable for their use and upload of all content and data while using the PLATFORM and for possessing all necessary intellectual property and other rights required for this purpose. They commit themselves vis-à-vis the OPERATOR to omit and abstain from any use of such material which is unlawful in relation to individual third parties or the general public and from the use of software or programs containing viruses or other malware related to the use of the PLATFORM.

8.2 Forbidden Activities

Users further commit themselves to omit and abstain from all activities which may cause damage or injury, such as, in particular:

  • infringement of personal rights or intellectual property rights (related to pictures or other content) of the OPERATOR or third parties;

  • insult, defamation or threat against the OPERATOR or third parties, in particular by reference to origin, gender, sexual orientation or physical disability;

  • infringement of privacy rights of the OPERATOR or third parties by unauthorized disclosure of their personal data such as name, address, telephone number, e-mail address, credit card number or other information that could be used to track down, contact or impersonate such person;

  • promotion or guidance of violence, illegal drug use or other illegal activities;

  • use of pornographic or otherwise objectionable text or image content;

  • unauthorized use of other user's identity, profile or credentials to access the PLATFORM;

  • fraud, misrepresentation or misleading committed against the OPERATOR or third parties, in particular due to false information about misuse or misbehavior of other users to the OPERATOR;

  • overloading, flooding, or mail bombing the PLATFORM, as well as using scripts or other content in such a way that the PLATFORM is compromised or overburdened

  • disruption or interruption of other users' access to the PLATFORM

  • use of passive or active methods to collect or transmit information on the PLATFORM, such as viruses, worms, trojans, spyware, adware, or other harmful or invasive code or programs

  • use of passive or active techniques for reverse engineering, reverse assembly, decompilation, modification, duplication or readout of the source code of software used to operate the PLATFORM or used to create websites or software or other products or processes which can be accessed through the PLATFORM

  • removal, concealment, or alteration of any copyright, trademark, or other proprietary rights, as well as notices, banners, or advertisements on the PLATFORM or any website offering access to the PLATFORM.

8.3 Each user commits himself / herself to indemnifying the OPERATOR against any liability and costs, including possible and actual costs of a legal proceeding, resulting from claims of a third party based on an alleged unlawful act or omission of the user in his / her use of the PLATFORM. To the extent that it is legally possible, the OPERATOR shall notify affected users of such asserted claims and provide them with an opportunity to defend themselves against these claims. At the same time, affected users shall inform the OPERATOR without delay of all information available to them about the facts of the claims. This is without prejudice to all further reaching claims of the OPERATOR against the affected user resulting from any wrongdoing on his/her side such as claims for damages, all of which shall remain in force and effect.

9 Intellectual property

9.1 Users retain all intellectual property rights previously owned, related to the content they store on the PLATFORM.

9.2 The intellectual property rights related to the design of premium templates for CVs provided by the OPERATOR via the PLATFORM and used by the users, shall vest in and remain with the OPERATOR. The same applies to all rights related to materials, processes and designs used in the use of the PLATFORM. The OPERATOR grants the individual users a merely non-exclusive right to use the CVs created with the use of premium templates.

10 Liability

10.1 The OPERATOR shall be liable vis-à-vis users only for such damages, which

  • have intentionally or grossly negligently been caused by the OPERATOR, his legal representative or vicarious agent;

  • are the consequence of a lack of a product quality guaranteed by the OPERATOR;

  • are the result of a culpable injury to health, body or life of a person;

  • for which liability is compulsory under applicable product liability legislation;

  • are the result of a culpable breach of material contractual obligations, i.e. such obligations, the fulfillment of which is a prerequisite of a proper execution of the agreement and on the compliance of which users regularly rely, and the violation of which would jeopardize achieving the purpose of the agreement. In the case of slight negligence in the breach of such material contractual obligations, liability of the OPERATOR shall be limited to such damages as are typically to be anticipated.

10.2 If damages of users result from the loss of data, the OPERATOR shall not be liable if and to the extent that the damage would have been avoided by a regular and complete backup of all relevant data by the affected users. It is the sole responsibility of all users to perform a regular and complete data backup or have it performed by a third party.

10.3 For all remaining cases, liability of the OPERATOR – for whatever legal reason – shall be excluded.

10.4 The OPERATOR does not provide any warranty nor shall he be liable in case of default 

  • for any content, data and / or information provided by users on the PLATFORM; in particular, the OPERATOR does not guarantee that this content is true, that it can fulfill or serve a specific purpose;

  • for the fulfillment and faultlessness of services of THIRD PARTY PROVIDERS with whom users enter into business relations using the PLATFORM;

  • for content on linked external websites;

  • that the platform meets the needs or expectations of users;

  • that the PLATFORM is run without interruption, timely delay and error and that it is secure;

  • for the availability of technical support for the use of the PLATFORM;

  • for the absence of direct or indirect damage of any kind, results from

    • permanent and temporary inability to use the PLATFORM;

    • changes to the PLATFORM;

    • a lack of availability or inaccuracy of the data processed by the PLATFORM;

    • a temporary or permanent suspension of user access to the PLATFORM because of a violation of general laws or these Terms of Service by the relevant user(s).

11 Termination

11.1 Ordinary Termination

11.1.1 Unless the term and termination of the use of individual offers on the PLATFORM is stipulated otherwise by way of individual arrangement, the contractual relationship between the OPERATOR and a user may be terminated by both parties at any time with effect for the future, without stating reasons.

11.1.2 In order to protect users against unauthorized deletion of their profile on the PLATFORM by third parties, the OPERATOR may conduct an identity check in the event of a termination, e.g. by querying an e-mail address registered on the PLATFORM.

11.2 Termination for Cause

11.2.1 Both parties have the right to terminate the contractual relationship at any time without previous notice if there is good cause, regardless of whether or not the term and termination are subject to a special arrangement. Such good cause exists whenever the continuation of the contractual relationship until the end of the period of notice would not be reasonable for the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties against each other. The following events, in particular, shall be considered good cause for the OPERATOR to terminate the contractual relationship:

  • non-compliance with legal regulations by the user;

  • a violation of essential contractual obligations by the user;

  • false statements and representations made by the user in his/her the CV with the intention to defraud others

11.2.2 In case of a good cause for termination for which the user is responsible, the OPERATOR may impose on this user the following sanctions, independently of a termination of the contractual relationship:

  • deletion of all content that the user has posted and/or saved on the PLATFORM;

  • blocking the user's access to the PLATFORM and to the services offered via the PLATFORM;

  • issuing a legal reprimand against this user the cost of which will be imposed on this user.

12 Applicable law, jurisdiction, dispute resolution

12.1 To the contractual relationship established under these Terms of Service, German law applies, regardless of the location of the user.

12.2 All litigation in connection with the use of the PLATFORM shall be settled by the courts of Berlin, unless determined differently by applicable compulsory legislation, in which case the court which is determined there shall be competent to settle the case.

12.3 The OPERATOR is neither obliged nor willing to participate in any dispute resolution proceedings before a consumer arbitration board.

13 Ineffectiveness

Should individual provisions of these Terms of Service be or become invalid or void, wholly or in part, this shall not affect the validity of the remaining provisions. In this case, the subject matter of the invalid or void provision(s) shall be replaced by the applicable statutory regulation(s).

14 Contact

For questions about these Terms of Use, feedback or technical support, users may contact the OPERATOR by emailing him at [ [email protected] ].

 

Notice to California Users:

Under California Civil Code Section 1789.3, California Users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 1254 or (800) 952-5210.

 

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