Terms of Use

The application has been developed and made available to recruiters to help them easily manage the recruitment process and candidate database.

This application (“Application”) is available in a browser-based version at https://talentpooling.app can also be used on Android/iOS mobile devices.

Please read these Terms of Use carefully.

These Terms of Use set out the rules for the use of the Application by its customers, including the licence conditions and the privacy policy for personal data collected and processed within the Application. The Application is protected by copyright, intellectual property rights, and other relevant mandatory provisions of Polish law. The Application may be used only on the license terms set out in these Terms of Use.

These Terms of Use lay down general terms and conditions for using the Application. If the customer decides to use the Application, these terms and conditions set out the rules for using the Application and lay down the principles of our liability.

ABOUT US

The Application is the property of Everuptive sp. z o.o. with its registered office in Kraków (registered and correspondence address: ul. Grzegórzecka 8/5, 31-530 Kraków), entered into the register of enterprises of the National Court Register under KRS no: 0000398401, share capital: PLN 8,300.00; tax identification number NIP: 676-244-92-33 statistical number REGON: 122419948; e-mail address: support@talentpooling.app (Service Provider).

DEFINITIONS

Terms used in these Terms of Use shall mean:
1. Application – an application (i.e., computer software including elements which are not a piece of software within the meaning of the Copyright Law but form an integral part thereof) intended for use as the web version via a web browser at https://talentpooling.app and also for use on Android/iOS mobile devices in accordance with these Terms of Use.
2. Terms of Use - these terms of use of the Application together with the appendices forming an integral part thereof.
3. Electronic Service - a service provided electronically by the Service Provider to the Customer via the Application in accordance with these Terms of Use.
4. Customer, Recruiter - (1) a natural person with full legal capacity and, in cases specified in generally applicable laws, also a natural person with limited legal capacity; (2) a legal person; or (3) an organisational unit without legal personality, which is granted legal capacity by law – who uses or intends to use the Application.
5. Consumer – a natural person whose use of the Application is not directly connected with his/her economic or professional activity.
6. Candidate – an individual whose information and data have been included in the Application by the Recruiter with the express consent of the Candidate in connection with the recruitment process involving him/her.
7. Business with rights of a consumer – a natural person who uses the Application directly in connection with his/her business activity, yet circumstances indicate that the use is not of professional nature for this person, especially given the subject of his/her business activity arising from the information accessed based on the Act on the Central Register and Information on Business Activity.
8. Account - an electronic service, a collection of resources in the Application’s ICT system, assigned an individual telephone number and e-mail address, in which the data provided by the Customer and information about the Customer's activities within the Application are stored.
9. Content- all types of data, information or documents, including files added by the Recruiter to the Application, including but not limited to a resume, Candidate description, language skills, work experience, etc., as well as any comments added by the Recruiter about the Candidate to the Application.
10. Working Day – any day from Monday to Friday, except for public holidays.
11. Civil Code - the Polish Civil Code.
12. Copyright - the Polish Act on Copyright and Related Rights.
13. Consumer Rights Act - the Polish Consumer Rights Act of 30 May 2014.

GENERAL RULES FOR THE USE OF THE APPLICATION

The Application has been developed and made available to recruiters to help them easily manage the recruitment process.
The Application is available for use by any Customer.
Customers are independent third parties towards the Service Provider. When deciding to use the Application for the first time, Customers become bound by a service contract for the use of the Application under the terms and conditions set out herein.
The Customer is obliged to use the Application in accordance with its intended purpose arising from these Terms of Use, in a manner ensuring compliance with law and good morals, as well as respecting the personal rights, copyrights, and intellectual property rights of the Service Provider, other Customers and third parties. The Customer is obliged to enter true information. The Customer may not add unlawful information.
The correct launch and use the Application in the mobile version requires: (1) a tablet, smartphone or other mobile device with Internet access, (2) an Android or iOS system in a currently supported version, and (3) access to email. The browser-based version of the Application requires: (1) a computer, laptop or other multimedia device with Internet access, (2) a web browser in the latest version: Mozilla Firefox, Microsoft Edge, Opera, Google Chrome, Safari, or Microsoft Edge, (3) access to e-mail, and (4) enabling of Cookies and Javascript in the browser.
The use of the Application via the Internet involves standard risks involved in the use of the Internet. The primary risk that any Internet user is exposed to, including users using the Electronic Services, is the possibility of the ICT system being "infected" with various types of malware developed primarily to cause damage or gain unauthorised access to the Customer's data. In order to avoid the risks associated with this, it is recommended that the Customer installs anti-virus software on the device he/she uses to connect to the Internet and keeps it updated, as well as instals the latest versions of the Application, the web browser, and the operating system of his/her terminal device.
The entity that acts as the controller of the personal data of Recruiters that are processed in the Application in connection with the execution of the provisions of these Terms of Use is the Service Provider. Personal data are processed for the purposes, for the period and on the grounds and principles indicated in the Privacy Policy.

The Privacy Policy sets out mainly the principles relating to the Controller's processing of personal data in the Application, including the grounds, purposes and duration of the processing of personal data and the rights of data subjects. The use of the Application is voluntary. Likewise, the related provision of personal data by the user of the Application is voluntary, subject to the exceptions indicated in the Privacy Policy (conclusion and performance of the contract, and statutory obligations of the Service Provider).

DETAILED TERMS AND CONDITIONS FOR THE USE OF THE APPLICATION

The Application can be used via a web browser at https://talentpooling.app. The Application can also be downloaded from the Google Play and App Store websites and apps.
The download of the Application is free of charge, although the use of certain functionalities in the Application may be subject to a fee. The Application notifies the Customer that a functionality he/she decides to use is subject to a fee and shows the amount of the fee.
The costs of data transmission during the download and use of the Application are borne by the Customer him-/herself under an agreement concluded with a provider of such services.
To use the Application's all functionalities, the Customer is required to create an Account. The Customer may use the Application and the Account free of charge indefinitely.
The Customer may stop using the Application at any time and without giving the reason by uninstalling it himself/herself or deleting it from his/her device in accordance with the user manual of the device. Uninstalling or deleting the Application does not automatically delete the Customer's Account or his/her data from the Application.
The Customer may create the Account using his/her: (1) e-mail address; (2) Gmail account; (3) LinkedIn account. In the registration form, the Customer is required to enter the following data: name, e-mail address, password.
To use the Account and its individual functionalities, the Customer may be required to provide other data – the Customer will be notified of the scope of the required information each time when using the Application before using the specific functionality.
Customers are obliged to keep the data provided within their Account up to date in case of changes.
The Customer may only have one Account at a time.
The Customer is obliged to keep the Account access data secret from third parties. The Customer may not grant access to the Account to other persons, including through leasing or lending of the Account.
The Service Provider reserves the right to suspend the use of the Application by the Customer if the Customer, despite a cease and desist letter from the Service Provider describing the alleged misconduct:
1. violates the Terms of Use by using the Application unlawfully, in particular by providing false data and by violating the licence conditions set out in these Terms of Use;
2. adds content in the Application which breaches these Terms of Use, in particular content which is indecent, offensive, or commercial or advertising content which encourages the use of sites or services which are competitive with the Application;
3. harms the reputation of the Service Provider or its Application;
The use of the Application by the Customer may be suspended for a specific period indicated by the Service Provider or indefinitely – during this period it is not possible to log in to the Account and use the functionalities of the Application. During the suspension of the use of the Application, the Customer may take action to remove the reasons for the suspension, about which he/she must inform the Service Provider immediately. The Service Provider shall unblock the Application as soon as the reason for its suspension ceases to exist, but no later than 5 Working Days of becoming aware of the cessation of this reason.
In the event that the User's use of the Application is suspended for more than 30 calendar days and the reasons for the suspension have not ceased to exist, the Service Provider will have a right to terminate the Application use agreement with immediate effect. If the agreement on the use of the Application is terminated, the Account along with all Customer's data assigned to it will also be deleted.
The Customer may, at any time and without giving a reason, resign from the use of the Account in the Application (delete the Account) by sending an appropriate request to the Service Provider, in particular by e-mail to: support@talentpooling.app.
After the Customer deletes his/her Account by any means, he/she may still store his/her data for other purposes than maintaining the Account under the terms and in the scope specified in the Application’s Privacy Policy.
The deletion of the Customer's Account also does not affect any claims that the Service Provider may have against the Customer.

FUNCTIONALITIES OF THE APPLICATION

The Customer who has an active Account in the Application may add information and manage his/her recruitment process via the Application.
A detailed description of the functionalities of the Application, the Electronic Services, and the rules for their operation are available via app messages, guidelines and information displayed when using the Application.
The Service Provider is responsible for the correct operation of the Application and its functionalities. The Service Provider makes reasonable efforts to make the use of the Application comprehensible and transparent for the Customers, but cannot guarantee that the Customer will be able to operate the Application on his/her own or that the Application will prove useful for his/her expected purposes other than those expressly stated by the Service Provider in these Terms of Use. The Service Provider makes the Application available on an 'as is' basis and does not make any implicit or explicit assurances as to its usability for specific purposes.

APPLICATION CONTENT

By adding Content to the Application, the Recruiter assumes full responsibility for it. The Service Provider is not the owner of the Content, but only provides the Recruiter with the relevant ICT tools. The Customer does not transfer any rights to the Service Provider and does not grant the Service Provider any licence in respect of the Content.
The Recruiter warrants and represents that:
1. he/she is entitled to add information and documentation relating to the Candidates in the Application and to use the Copyright to the Content added in the Application;
2. the personal data, image and information relating to third parties added in the Application have been added legally, voluntarily and with consent of the persons to whom these data, image and information relates;
3. the Content is free of errors and defects;
4. he/she consents to the development of adaptations of the works within the meaning of the Act on Copyright and Related Rights;
Solely the Recruiter is responsible for the nature, correctness, completeness, accuracy and usefulness and substance of the Content he/she adds to the Application. The Service Provider is not liable for the Content, subject to Article 14 of the Act on the Provision of Electronic Services. Added Content does not represent the views of the Service Provider and should not be equated with its business.
If a third party becomes aware of the fact that Content infringing upon these Terms of Use has been added to the Application, he/she shall immediately report this fact by contacting the Service Provider at the email address support@talentpooling.app.
Adding unlawful Content or Content associated with unlawful activity, is prohibited. In particular, adding the following Content is prohibited:
1. Content that infringes upon the personal rights of natural persons and legal entities as defined by the Civil Code (e.g., providing false information about a natural or legal person, uploading an image of a third party without his/her consent);
2. Content that violates applicable laws, including, but not limited to, public incitement to hatred on grounds of national, ethnic, racial or religious differences or on grounds of irreligion, to committing a crime or a misdemeanour, as well as offending religious feelings as defined in the Criminal Code;
3. Content that infringes upon any other rights of third parties (e.g., through breach of the representations made in these Terms of Use).
4. The Recruiter is not entitled to any remuneration for adding Content to the Application.
The Service Provider reserves the right to block access to Content which, based on reports from third parties or the relevant authorities, has been determined to be unlawful or to be associated with unlawful activity. However, it should be borne in mind that the Service Provider does not monitor the added Content on an ongoing basis or before it is added.
If, as a result of the Recruiter’s adding such unlawful Content to the Application, the rights of third parties or the provisions of the applicable law are infringed upon or a third party is harmed by the Recruiter or the Service Provider acting in reliance on the statements made by the Customer by accepting the Terms of Use, the Recruiter is obliged to compensate the Service Provider in full for the damage suffered as a result of this infringement.

CONTACTING US

For day-to-day matters, Customers can contact us primarily by email (email address: support@talentpooling.app). Customers may also contact the Service Provider in other ways permitted by law, using the contact details indicated at the beginning of these Terms of Use.

COMPLAINTS ABOUT THE APPLICATION

The scope of the Service Provider's liability for the operation of the Application as well as its grounds are specified in the generally applicable laws, in particular the Civil Code.
Customers can make complaints relating to the operation of the Application, for example, by email (email address: support@talentpooling.app).
The Service Provider recommends that the description of the complaint should include: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of the issue subject to the complaint; (2) how the Customer expects the Service Provider to handle the complaint; and (3) the contact details of the person filing the complaint - this will facilitate and speed up the process of handling the complaint by the Service Provider. The information to be included in the description of the complaint as stated in the previous sentence is a recommendation only and does not affect the effectiveness of complaints submitted without the recommended description of the complaint.
The Service Provider will respond to the complaint immediately, but no later than 14 calendar days of the date on which the complaint was submitted. In the case of Consumers, failure to respond within the period referred to in the preceding sentence shall mean that the Service Provider has acknowledged the complaint as valid.

TECHNICAL INTERRUPTIONS

The Service Provider makes every effort to ensure the correct and uninterrupted functioning of the Application. However, due to the complex and sophisticated nature of the Application, as well as external factors beyond the Service Provider's control, errors and technical failures may occur preventing or limiting the functioning of the Application in some way. In such a case, the Service Provider will take all possible and reasonable measures to ensure that the negative effects of such events are reduced as far as possible.
In addition to interruptions due to errors and technical failures, also other technical interruptions may occur during which the Service Provider takes measures to develop the Application and secure it against errors and technical failures.
The Service Provider will schedule technical interruptions in a way ensuring that they cause as little inconvenience to the Customers as possible, in particular that they are scheduled to take place at night and only for the time necessary for the Service Provider to carry out the necessary work. The Service Provider will inform Customers of planned technical interruptions well in advance, stating the expected duration.

COPYRIGHT, LICENCE FOR THE USE OF THE APPLICATION

The copyright and intellectual property rights related to the Application as a whole and in its individual components, including the content, graphics, works, designs and markings available as part of it, belong to the Service Provider or other authorised third parties who authorised the Service Provider to hold same and are protected by copyright and other generally applicable laws. The protection of the Application covers all forms of expression.
The Application should be treated like any other work subject to copyright protection. The Customer may not copy the Application, except as permitted by mandatory law. The Customer also undertakes not to modify, adapt, translate, decode, decompile, disassemble or in any other way attempt to determine the source code of the Application, except as permitted by mandatory law.
The Customer using the Application does not receive ownership of any copyright in the Application.
In connection with the use of the Application, the Customer is granted only - under the conditions indicated in these Terms of Use - a royalty-free, non-transferable, non-assignable and non-sublicensable non-exclusive licence, valid worldwide, entitling him/her to use the Application for its intended purpose, in compliance with these Terms of Use and with the law and good morals, respecting the personal rights, personal data and copyrights and intellectual property rights of the Service Provider, other Customers and third parties.
The licence is granted at the time of conclusion of the agreement for the use of the Application and for the duration of the agreement.
The trademarks of the Service Provider and third parties should be used in accordance with the applicable laws.

THE CONSUMER’S RIGHT TO WITHDRAW

This section of these Terms of Use and the provisions contained herein only apply to Customers who are Consumers and the contracts they enter into with the Service Provider for a fee.
The right to withdraw from a concluded distance contract does not apply to the Consumer, among others, in the case of a contract: (1) for the provision of services, if the Service Provider has performed the service in full with the express consent of the Consumer, who has been informed prior to the performance that after the Service Provider has performed the service, he/she will lose his/her right to withdraw from the contract; (2) for the provision of digital content which is not recorded on a tangible medium, if the performance has begun with the express consent of the Consumer before the expiry of the deadline for withdrawal and after the Service Provider has informed the Consumer of the loss of the right to withdraw from the contract; (3) whose subject matter includes sound or visual recordings or software delivered in sealed packaging, if the packaging has been opened after delivery.
Subject to paragraph 2 above, a Consumer who has concluded a distance contract may withdraw from the contract within 14 calendar days without giving the reason and without incurring costs. The deadline is deemed to be met if the declaration of withdrawal is sent before the deadline expires. The Consumer may use the model withdrawal form provided in Appendix 2 of the Consumer Rights Act for this purpose, but this is not obligatory.

OUT-OF-COURT COMPLAINT HANDLING

This section of these Terms of Use and the provisions contained herein apply only to Customers who are Consumers.
Detailed information on how the Customer who is a Consumer may use out-of-court procedures for handling complaints and pursuing claims, as well as rules for who is eligible to use these procedures, is available at the offices and websites of district (municipal) Consumer ombudspersons, social organisations whose statutory tasks include Consumer protection, Provincial Inspectorates of Commercial Inspection, and at the following Internet addresses of the Office of Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php and http://www.uokik.gov.pl/wazne_adresy.php. http://ec.europa.eu/consumers/odr offers a platform for online dispute resolution between consumers and traders at EU level (ODR platform). The ODR platform is an interactive and multilingual website and a one-stop shop for consumers and traders seeking out-of-court resolution of disputes concerning contractual obligations arising from an online sales or service contract.

PROVISIONS CONCERNING TRADERS

This section of the Terms of Use and the provisions contained herein apply to Customers who are not Consumers and to contracts concluded with businesses with rights of a Consumer.
The Service Provider may withdraw from the contract for Electronic Services concluded with the Customer within 14 calendar days of its conclusion. In this case, the Service Provider may withdraw from the contract without giving the reason and such withdrawal does not give rise to any claims against the Service Provider.
The Service Provider may terminate the contract for Electronic Services concluded with the Customer with immediate effect and without giving the reason by sending an appropriate statement to the Customer.
The Service Provider may take steps at any time to verify the truthfulness, reliability and accuracy of the information provided by the Customer. For the verification, the Service Provider may, among other things, request the Customer to send a scan of any certificates, attestations or other documents required for the verification. During the verification referred to in the previous sentence, the Service Provider may suspend the Customer's Account for the duration of the verification.
The amount of liability of the Service Provider towards the Customer, irrespective of its legal ground, is maximally PLN 100. The limitation of the amount referred to in the previous sentence applies irrespective of the reason for which the Customer is making the claim. The Service Provider shall only be liable towards the Customer for typical and actual damage foreseeable at the time of contract conclusion, excluding lost profits.
The Service Provider shall not be liable towards the Customer for damage and failure to fulfil obligations resulting from force majeure events (e.g., hacking, natural disasters, floods, fires, earthquakes, epidemics, unrest, riots and wars) or any other causes beyond Service Provider's control.
Any disputes arising between the Service Provider and the Customer shall be submitted to the court having jurisdiction over the registered office of the Service Provider.

BONUS PROGRAM FOR RECRUITERS

During the usage of the Application, the Service Provider may publish in the Application the job offers of its Client. The Recruiter may submit a recommendation of a Candidate for such job offer. If the recommendation will be approved by the Service Provider, the Recruiter receives a remuneration (bonus) in the following two cases:
1. when the Recruiter’s candidate is transferred by the Service Provide to the “Recommendation approved” status once the Client has accepted the Candidate and involved this Candidate in the recruitment process on its side; or
2. when the Recruiter’s candidate is transferred to “Hired” status once the Candidate is hired by and starts the work for the Client.
Referral Bonus
The amounts that the Recruiter will receive are given individually for each recruitment available in the system, and, in the case of settlements based on a contract of mandate – this will be the gross amount and in the case of settlement based on cooperation agreement – this will be the net amount plus VAT.
The referral bonus will be paid within 41 days from the last day of the month in which the “Recommendation approved” status was accepted. On the other hand, the referral bonus for the placement (“Hired” status approval) will be paid within 41 days from the last day of the month in which the placement was made.
Grounds for referral bonus payment
In case of the mandate contracts the bonus will be paid only to Polish tax residents once the first “Recommendation approved” status is accepted by the Client. In this case, the Recruiter will receive a questionnaire from the Service Provider to be filled in. In case of cooperation contracts, once the Service Provider receives a duly prepared invoice.

FINAL PROVISIONS

The Service Provider reserves the right to amend these Terms of Use for important reasons, i.e.: changes to the law; addition or modification of the existing Electronic Services; changes to the payment or delivery methods and deadlines - as long as these changes affect these Terms of Use.
In the case of agreements for services supplied on a continuous basis (e.g., agreements for the use of the Application) concluded on the basis of these Terms of Use, the amended Terms of Use will be binding on the Customer if the Customer has been duly notified of the changes and has not terminated the agreement within 15 calendar days of the date of notification. In the event that any fees are introduced as a result of a change to these Terms of Use, a Customer who is a Consumer or a company with rights of a Consumer may withdraw from the contract.
Matters not covered by these Terms of Use are governed by generally applicable provisions of Polish law, in particular: Civil Code; Consumer Rights Act; Act on the Provision of Electronic Services, and other relevant provisions of generally applicable law.