General Terms of Use
1. General; Scope
a. These Terms of Use of the Luxemburg branch office of jobs.lu Limited, 5 rue des Mérovingiens, L-8070 Bertrange („jobs.lu“ or „we“) apply to the contractual agreement (hereinafter referred to as the “Agreement”) between jobs.lu on the one hand and the users (also referred to as “Users“ or “you“) on the other hand, who are interested in or use any career service that is offered at www.jobs.lu or other websites that incorporate these Terms of Use and our mobile applications (“apps”) (collectively referred to as “Service” herinafter). Such websites and the apps are collectively referred to as “Jobs.lu Platforms” hereinafter. If you are an employer, these Terms of Use will not apply, but our Terms and Conditions for Recruiters.
For certain Services additional terms may apply, which we will inform you of separately. Please read these Terms of Use carefully. If you do not accept our Terms of Use you are not allowed to use our Services.
b. The Services under these Terms of Use are intended only for the individual job search by natural persons as an employee or as a freelancer. Otherwise it is not permitted to use the Services offered by us in a commercial way, e.g. to promote the Services of a company.
2. Object of the Agreement and Scope of the Services
jobs.lu offers a variety of career services via the Platforms. jobs.lu wants to be your lifelong career assistant. If your life perspective changes, you are developing or reaching for new goals, jobs.lu offers the right career support. We aim to build a long lasting relationship, to build a product and a Service, that is available 7 days a week, 24 hours a day and which enables you to take your life and future in your own hands.
You can use certain Services without registration. The registration of a JobAlert or a My jobs.lu account will offer you additional functionalities and Services. To provide you with the specific Services under registration. we will store the date of your last activity at the jobs.lu Platforms (“Last Activity Date”), which can include the date of your registration, and last use of jobs.lu Services like your login to the jobs.lu account, clicking links in the jobs.lu newsletter or JobAlert or the use of a jobs.lu Profile or any other action that indicates that you are stil interested in using our services.
a. Services available without registration
Without the registration of a JobAlert or a jobs.lu account you may use all Services that are available on our website without registration. Particularly you can browse jobs that are published on our website.
b. My jobs.lu Account
Certain Services will only be available as part of a My jobs.lu Account.
If you enter into an agreement for a jobs.lu Account you can use additional Services as described hereinafter. You can register for a jobs.lu account as described in section 3.
aa. Saved Listings
You can save job ads that you have viewed, e.g. by clicking the respective button in the job ad. You will then be able to access such saved listings in your Jobs.lu Account. jobs.lu may analyse your saved listings and based upon such analysis optimize and tailor the services provided to you.
bb. jobs.lu Profile
You can create a CV-profile (“Profile”) within your jobs.lu account, which will consist of various CV related information as well as attachments provided by you. If you provide any attachments we will analyse their content and structure in an automated process and use such analysis to improve the services we provide to you. You can choose between two settings for a Profile. It can either be inactive or active. You may change the setting at any time.
You can use any such Profile to apply to job offers that are published on the jobs.lu websites or apps, where such option to apply through the Jobs.lu platform is provided for that specific job ad. We will use your Profile data to pre-fill certain fields of the application form and you can upload additional files. Once you click the respective button we will either i) store the data you provided in the application form on the jobs.lu platform so that the respective recruiting company can access it there or ii) upon the recruiting company’s decision transmit it to the recruiting company instead. If we store the application on our platform, the respective recruiting company will also have access to your Profile and will be able to see the data you provided in the Profile. Since jobs.lu customers from all around the world can publish job ads on our Platforms, the respective recruiting company might also be based outside the EU or the European Economic Area (“EEA”), so that part of the contract is also that such companies from such oter countries can access your data. We will also use the data you have provided as part of your Profile to provide you with job recommendations tailored to your needs based on your Profile data. We can also use any of your profile data to pre-fill form on our platforms for any other service that we provide to you.
If you choose to make your Profile active, you grant access (including a search functionality and download) to and disclose your complete Profile and the attachments thereto as well as the Last Activity Date to Candidate Profile Customers. As part of an active Profile we may also use your Profile data to find publicly available business related social media profiles about you and provide a link to such profile to Candidate Profile Customers. We may also analyse your Profile in order to actively present it, completely or partially, to Candidate Profile Customers. Since Jobs.lu customers from all around the world can purchase an access to the CV Database, the respective recruiting company might also be based outside the EU or the European Economic Area (“EEA”), so that data can also be disseminated to such third countries.
We will also use information stored in your Profile to improve your search experience and recommend you more relevant jobs on our platforms or through a JobAlert. In this context we will include data that can’t be used to identify you directly together with a pseudonymous user ID in a statistical database.
We do not warrant or guarantee a minimum volume of storage capacity for your Profile. We reserve the right to temporarily or permanently restrict the data volume for uploads of data, especially if necessary due to technical reasons, for example in order to maintain or optimise the Service.
cc. JobAlert
If you create an account you can subscribe to a JobAlert through our Platforms. That means you will then regularly receive emails about listings which match a profile that has been defined by you in advance and/or fit to your search behaviour on the Jobs.lu platforms.
dd. Follow Company
If you have registered an account you can follow companies that you are interested in. We will then notify you in case of any new job postings of such company.
ee. Application History
Within your Jobs.lu account we store your applications (including their attachements as CV or cover letter) to job listings that were published on the Jobs.lu platforms in a history that can be accessed via your Jobs.lu account. Information from such applications can be used to prefill fields if you create a Jobs.lu Profile as per section 2.c.bb. above.
ff. Additional functions for JobAlerts
The Jobs.lu Account will provide you with additional functionalities for a JobAlert (s. section 2.b.) that you have subscribed to. You can manage the JobAlert settings, i.e. how often you would like to receive the JobAlert emails and the JobAlert will also provide better results . You can at any time deactivate such search JobAlert Express.
gg. Newsletter
As part of a Jobs.lu Account you can subscribe to various newsletters we offer regarding different subjects. We may also send you email-newsletters regarding Jobs.lu Services which are similar to Jobs.lu Services that you already use, if you did not objected to such newsletters. You may at any time object free of charge to all of Jobs.lu’s newsletters. We will inform you about your right of objection when we collect your email-address and in the respective newsletter. Should you no longer wish to receive our email messages, please click the unsubscribe link located within each message and/or contact us at info@Jobs.lu.de. Additionally you can view and change settings in your Jobs.lu account.
3. Registration for a Jobs.lu Account
a. If you want to register for and create a Jobs.lu Account, you have to provide a valid email address and a password to us, which we will store.
b. After we received your application to create a Jobs.lu Account we confirm the receipt of such application with a message to the email address provided by you. The agreement for your Jobs.lu Account between you and us comes into effect when we activate your Jobs.lu Account. The completion of the registration by you only constitutes an offer to enter into a contract. Jobs.lu reserves the right to accept or decline the conclusion of the contract in its own discretion. There is no right to claim a conclusion of a contract.
c. You must provide the requested information and data completely and truthfully. You are responsible to keep your contact data (especially your email-address) up to date and to secure that you can be contacted under the address provided and that the email-address is not transferred to another person. Should any of the provided data change, you have to adjust and correct the data immediately. In the event of incomplete or false information provided by you, Jobs.lu shall have the right, to block your account and the access to our platform temporarily or permanently and/or terminate in accordance with clause 10herein.
d. Each User is allowed to only create one account. The account is not transferrable.
4. Right of Withdrawal
If you are using our Services as a consumer , you are entitled to a right of withdrawal in accordance with the following provisions.
Information about your Right of Withdrawal
Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of this contract. To exercise the right of withdrawal, you must inform us
jobs.lu Limited,
5 rue des Mérovingiens,
L-8070 Bertrange
Tel.: (+352) 27 99 27 98, Mail: info@jobs.lu
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
5. Obligations and Responsibilities of the User
a. Users are fully responsible for themselves to provide the hardware and internet connection which is necessary to use our Services.
b. Please ensure that the Services under a Jobs.lu Account are only used by you. You shall keep access data and passwords in strict confidence. You are responsible for any and all use of access data and passwords and all actions, which occur in context with the use of your Jobs.lu Account. If any unauthorized third party had actual or hypothetical access to your login details (email-address in combination with the password), you shall immediately inform Jobs.lu and change any relevant password as soon as possible.
c. You shall not act illegally in the context of using our Services and/or violate applicable law, particularly you shall not:
· Provide us with any content, that
- is harassing, offensive, liable to corrupt the young or in other ways illegal;
- violates the rights of third parties, especially copyright laws, personality rights or other property laws;
- is confidential, e.g. includes business secrets;
· impersonate as another person, e.g. as a public official, a representative of us, or pretend a relationship to such persons that does not exist, fake user names or manipulate distinctive marks in other ways and/or disguise the origin of content, that is transmitted in context with the Service;
· save, publish and/or transmit advertising-, junk-, or mass-emails, chain letters, snow ball systems or other commercial communication;
· use scraping or similar techniques, to collect content to use it for another purpose, to publish it again or use it in a different way than what the Services are intended for;
· use techniques or automated other Services that aim to show or result in showing users activity incorrectly, e.g. by using bots, bot nets, scripts, apps, plugins, extensions or other automated instruments to register accounts, to play content, to send messages, to post comments or different acts;
· to harass, threaten, insult, defame a natural person or a company, disparage or discriminate because of gender, race, religion or beliefs, or state or spread untrue facts about a natural or legal person;
· collect, save or transmit personal data of another user, insofar as the affected person has not agreed;
· post links to content of third parties, that violates the regulations of these Terms of Use or other regulations.
d. Any information contained in your Profile and any other information or content you provide to us (“Content”) must be true. That means that you are not allowed to create Profiles for third persons without their consent or for non-existing persons, and that any profile picture that you transmit must show you.
e. Any Content you provide to us must not contain viruses, worms or any other harmful code. Personal data, that you send or provide to Jobs.lu, should not include, and you warrant and guarantee that it does not include any of the following:
· racial or ethnic origin,
· political opinions,
· religious or philosophical beliefs,
· trade union membership,
· genetic data,
· biometric data for the purpose of uniquely identifying a natural person,
· data concerning health
· data concerning a natural person's sex life or sexual orientation
f. If you transmit personal data to other users or recruiters, then such transmission takes place at your own risk. Jobs.lu cannot control the actual use of your personal data by the recipients. Therefore, please check the identity of the recipients of your data before sending it. For example you should not send your personal data to a private email-address. We further advise not to send certain sensitive data to recruiters, even if they request it. Such sensitive data are for example passport number, the social security number or bank details.
6. License in and to User’s Content;
a. You may use our Services and may transmit Content to us in accordance with these Terms of Use. We do not examine such Content and do not claim ownership of it. By providing the Content to Jobs.lu, you commission us to save, host and – if applicable – make the content available to the public. We use your Content in accordance with the Agreement between you and us under these Terms of Use. By providing your Content to Jobs.lu, you grant a non-exclusive, territorially unrestricted license for the term of the Agreement, to use the Content for purpose of the provision of the Services under your Agreement with us, which includes the right to save, reproduce, format, reformat, technically edit, transmit, make available, to analyse the Content to let it be analysed, evaluate statistically and/or let it be evaluated statistically on our own or by third parties.
b. You warrant and guarantee that you own all rights that are or a license in and to the Content that is necessary to grant the rights as per section 6 a to Jobs.lu, and that the Content and the use of it by Jobs.lu under the Agreement with you doesn’t violate our Terms of Use or applicable legal regulations and doesn’t infringe intellectual property rights or other rights of third parties.
7. Fees
The Services of Jobs.lu under these Terms of Use are free of charge.
8. No Warranty; Backup Copies
a. We don’t warrant the currency, accuracy, completeness, usability, suitability for a certain purpose of content on our Platforms. We also don’t warrant for the conclusion of an employment contract between Users of our Platforms as applicants and an employer.
b. Jobs.lu does not warrant that the Services offered by us are available at certain times or permanently. Disturbances, interruptions or possible downtimes of the (online) Service cannot be excluded. Because of technical or operational reasons a temporally limitation of the availability is possible. This is especially possible with regard to the capacity limits, the security or integrity of the data processing systems or the implementation of technical measures, which are necessary for a regular or improved performance.
c. Jobs.lu’s servers are backed up regularly and carefully. Nevertheless data losses are not excluded. Insofar as you transmit or upload data – regardless of the form – we advise you to make backup copies. This also applies to the event that you terminate your contract with us, because we don’t retain a copy of your data after the deletion, subject only to statutory storage obligations.
9. Liability
a. We shall be liable according to statutory law for damages (i) resulting from an injury of life, body or health being based on a breach of duty by Jobs.lu, a legal representative or a vicarious agent (“Erfüllungsgehilfe”) of Jobs.lu, (ii) resulting from the lack of a condition guaranteed by Jobs.lu, (iii) caused by intent or gross negligence, also by our statutory representatives and vicarious agents (“Erfüllungsgehilfen”), as well as (iv) caused by malicious conduct of Jobs.lu.
b. In the event of a material damage or pecuniary loss caused by a slightly negligent conduct of Jobs.lu, a legal representative or a vicarious agent (“Erfüllungsgehilfe”) of Jobs.lu, Jobs.lu shall be only liable in the event of a material breach of a contractual core duty, but only to the amount of the typical damage foreseeable in the event of the conclusion of the contract. Contractual core duties are such duties whose accomplishment enables proper fulfilment of an agreement and whose observance the contracting parties may regularly rely on.
c. A possible liability pursuant to the product liability law (“Produkthaftungsgesetz”) remains unaffected.
d. Any further liability of Jobs.lu shall be excluded.
e. Jobs.lu shall not be liable because of statutory provisions in the event of slight negligence.
f. Insofar as the liability of Jobs.lu is excluded or restricted, this also applies to the personal liability of the legal representatives, executives and vicarious agents of Jobs.lu.
10. Termination
a. The agreement with you for the Jobs.lu Account and the Services provided thereunder as well as for a JobAlert is entered into for an unlimited time. Either party may terminate this agreement with immediate effect in writing.
b. When the Agreement for Jobs.luor the JobAlert terminates, we will delete all your personal data that we have stored, or store your data in a not-personal form, unless the processing is lawful and necessary for another purpose.
11. Intellectual Property Rights in and to our Platforms
a. Our Platforms and all connected software, databases, graphics, user interfaces, designs and additional content, names and trademarks are protected by the copyright law, the trademark law and additional property rights. As between you and Jobs.lu, Jobs.lu shall be deemed the sole holder of all intellectual property rights.
b. Under the condition that you comply with these Terms of Use and any other applicable provisions, Jobs.lu grants a non-exclusive and non-transferrable right to use the Platforms and the Service. You shall not (i) use the Platforms or the Service for the development of other Services; (ii) activate or use functionalities of the Platforms or the Service for which you have no right of use; (iiii) change, translate, reproduce, decompile the source code, to examine its functions, except where legally mandatorily permissible.
12. Confidentiality and Data Protection
We treat your personal data confidentially at any time. We only use or publish it, when necessary under these Terms of Use. Each collection and processing of user’s personal data occurs considering applicable data protection law. You can obtain further information about the use of personal data on our Platforms in our privacy policy.
13. Amendment to these Terms of Use
a. Change of Services that require Registration
We reserve the right to modify or adjust the Services that require a registration (JobAlert or Jobs.lu Account), insofar as
(i) The modifications or adjustments are solely beneficial for the registered users, or
(ii) The modifications or adjustments are necessary to reach accordance with applicable law, especially, if the current legal situation changes or to comply with a judicial or official decision, or
(iii) The modifications or adjustments are without significant influence to the functions or Services or solely of a technical or organisational matter.
b. Change of Terms of Use for Services that require Registration
(i) We reserve the right to change our Terms of Use for Services that require a registration (JobAlert or Jobs.lu Account) at any time. In the event of such change of the Terms of Use we will inform you either a) at your next visit by an according screen mask or b) via an email. Your continued use of this site after having received such information constitutes your acceptance of this agreement as modified by the posted changes.
(ii) Insofar as the change of the terms of use also constitutes an amendment of the purpose of the data processing, in which the data shall be processed for another purpose as the original purpose for which they had been collected, this only happens when it is lawfully under the applicable provisions (including Art. 6 para 4 GDPR). Furthermore we inform you in advance about the compliance with the legal provisions.
c. Change of Services or Terms of Use for Services that are available without registration
For Services that are available without registration, these Terms of Use apply in their current version that is published in the Platform when you use the Service and we may change these Terms of Use at any time.
14. Applicable Law; Venue and other Provisions
a. This Agreement and its interpretation are governed by Luxemburg law. If you are a consumer, according to Article 6 para 2 of the Regulation (EC) 593/2008, this choice of law may however not have the result of depriving you of the protection afforded to you by mandatory provisions by virtue of the law which would (in the absence of choice) have been applicable.
b. If any provision of these Terms of Use shall be held invalid or unenforceable, in whole or in part, such provision shall be deemed severable from these Terms of Use, and the validity and enforceability of all other provisions of these Terms of Use shall not be affected thereby. In such a case the invalid or unenforceable provision will be replaced by a statutory provision.
c. Notices for dispute resolution:
We are not obligated and willing to participate in dispute resolution procedures by any consumer arbitration board. On the European online-platform for dispute resolution http://ec.europa.eu/consumers/odr/ you can find information about alternative dispute resolution (Note: At the moment we don’t participate at this programme).