ictjob.lu's Terms of Use

1. General; Scope

a. These Terms of Use of ictjob.lu, Succursale de Luxembourg, Rue Eugène Ruppert 12, 2453 Luxembourg, Grand Duchy of Luxembourg („ictjob“ or „we“) apply to the contractual agreement (hereinafter referred to as the “Agreement”) between ictjob 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.ictjob.be and www.ictjob.lu (collectively referred to as “Service” herinafter). Such websites are collectively referred to as “ictjob Platforms” hereinafter. If you are an employer, these Terms of Use will not apply, but our Terms and Conditions of Sale.

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

ictjob offers a variety of career services via the Platforms. ictjob wants to be your lifelong career assistant. If your life perspective changes, you are developing or reaching for new goals, ictjob 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 an Email Alert or an ictjob account will offer you additional functionalities and Services.

a. Services available without registration

Without the registration of an Email Alert or an ictjob 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. ictjob Account

Certain Services will only be available as part of an ictjob Account.
If you enter into an agreement for an ictjob Account you can use additional Services as described hereinafter. You can register for an ictjob account as described in section 3.

aa. Email Alert

You can subscribe to an Email Alert with an ictjob Account. 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 ictjob platforms.

bb. Apply

You can apply for jobs published on our website. If the recruiter uses our application form, we will then store the application on our website and make it accessible to the recruiter. For the avoidance of doubt, if a recruiter uses its own application form, we will redirect you to such form without necessarily creating an ictjob Account.

cc. ictjob CV

You can create an ictjob CV within your ictjob account, which will consist of various information related to your professional profile 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 an ictjob CV. It can either be offline or online. For an online CV you can choose to exclude personal details from it. You may change the setting at any time.

We will use the data you have provided as part of your ictjob CV to provide you with job recommendations tailored to your needs based on your CV 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 CV online, you grant access (including a search functionality and download) to and disclose your CV and the attachments thereto as well as the last time you updated your CV to ictjob customers that have purchased access to or are otherwise entitled to use ictjob’s CV Database or other services under which recruiters can access or can be provided with CVs of our users to fill vacant positions (“Candidate CV Customers”) and can create a comment to your CV; such Candidate CV Customers can e.g. be recruiters or employers. As part of an online CV we may also use data from your ictjob CV to find publicly available business related social media profiles about you and provide a link to such profile to Candidate CV Customers. We may also analyse your CV in order to actively present it, completely or partially, to Candidate CV Customers. Since ictjob 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 CV to improve your search experience and recommend you more relevant jobs on our platforms or through an Email Alert. 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 certain volume of storage capacity for your CV. 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.

dd. Application to box number job ads

A box number job ad is a job ad that does not disclose the recruiting company. If you reply to a job with a box number we will forward your application including covering letter and all data included therein to the customer of that box number. We do not check the content of your message on a regular basis. However, we are entitled to do so. We will not forward your covering letter if it’s content violates these Terms of Use. We will accept lock flags for particular companies, if you have given us the detailed and correct name (name and legal form of the company) and address. However, due to the time consuming research involved we do not accept lock flags for a whole group of companies.

ee. Application History

Within your ictjob account we store your applications to job listings that were published on the ictjob platforms in a history that can be accessed via your ictjob account.

ff. Job related mailings

We may send you job related emails regarding services which are similar to ictjob Services that you already use, if you did not object to such emails. You may at any time object free of charge to all of ictjob’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 www.ictjob.lu/contact-us.

c. Internship Agent

You can subscribe to an Internship Agent through our platforms. That means you will then regularly receive emails about internships listings that are published on our Platform.

3. Registration for an ictjob Account

a. If you want to register for and create an ictjob Account or want to register an Internship Agent, 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 an ictjob Account or an Internship Agent respectively we confirm the receipt of such application with a message to the email address provided by you. The agreement for your ictjob Account or the Internship Agent between you and us comes into effect when we activate your ictjob Account or internship Agent. The completion of the registration by you only constitutes an offer to enter into a contract. ictjob 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, ictjob 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 within the meaning of Article I.1.2° of the Belgian Code of Economic Law, 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

Succursale de Luxembourg,
Rue Eugène Ruppert 12,
2453 Luxembourg,
Grand Duchy of Luxembourg
Tel.: +352 (0) 621 364 792

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 an ictjob 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 ictjob 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 ictjob 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 CV and any other information or content you provide to us (“Content”) must be true. That means that you are not allowed to create CVs 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 ictjob, 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. ictjob 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 ictjob, 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 ictjob, 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 ictjob, and that the Content and the use of it by ictjob 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 ictjob 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. ictjob 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. ictjob’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 ictjob, a legal representative or a vicarious agent of ictjob, (ii) resulting from the lack of a condition guaranteed by ictjob, (iii) caused by intent or gross negligence, also by our statutory representatives and vicarious agents, as well as (iv) caused by malicious conduct of ictjob.

b. In the event of a material damage or pecuniary loss caused by a slightly negligent conduct of ictjob, a legal representative or a vicarious agent of ictjob, ictjob 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 remains unaffected.

d. To the maximum extent permitted by applicable law, any further liability of ictjob shall be excluded.

e. Insofar as the liability of ictjob is excluded or restricted, this also applies to the personal liability of the legal representatives, executives and vicarious agents of ictjob.

10. Termination

a. The agreement with you for the ictjob Account or the Internship Agent and the Services provided thereunder is entered into for an unlimited time. Either party may terminate this agreement with immediate effect in writing.

b. When the Agreement for ictjob Account or the Internship Agent 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 ictjob, ictjob 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, ictjob 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 (ictjob Account or Internship Agent), 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 (ictjob Account or Internship Agent) at any time. In the event of a change of the Terms of Use that are to the detriment of you we will inform you at least 4 weeks in advance either a) at your next login over an according screen mask or b) via an email.

(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.

(iii) Furthermore we reserve the right to adjust or change the Terms of Use for Services that require a registration, insofar as

• the change or adjustment is solely beneficial for the registered user, or

• the change or adjustment is necessary, to establish compliance with applicable law, especially when the current legal situation changes or to comply with a judicial or official decision, or

• the modifications or adjustments are without significant influence to the functions or Services or solely of a technical or organisational matter.

• ictjob introduces completely new Services or elements of Services, which need a performance specification in the terms of use, unless this would be adverse for the present user relationship.

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 Belgian 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).

[version: 26042018]

Model Withdrawal Form

Model Withdrawal Form

(complete and return this form only if you wish to withdraw from the contract)

- To ictjob.lu, Succursale de Luxembourg, Rue Eugène Ruppert 12, 2453 Luxembourg, Grand Duchy of Luxembourg, www.ictjob.lu/contact-us

- I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*):

- Ordered on (*)/ received on (*)

- Names of consumer(s):

- Address of consumer(s):

- Signature of consumer(s) (only if this form is notified on paper):

- Date

(*)Delete as appropriate