Markensachbearbeiter - Markenrecht / Wirtschaftsrecht (m/w/d)

Allgemeine Geschäftsbedingungen
Users of the Services offered by Jobsier acknowledge and accept these terms and conditions.

Owner of Jobsier and related Services
CooperHire GmbH
Rheinsberger Straße 76/77
10115 Berlin, Germany
Chamber of Commerce of Berlin
No. of Registration: HRB 214774 B
Managing Director: Amar Ahlers
email: hello@cooperhire.io
Phone: (+49) 176 43677706

Introduction
This document
This document is a legal agreement between you, the User, and the entity providing Jobsier. It governs your use of the online properties and, in any case, the use of the services provided. “Legal agreement” means that the terms of this Agreement are binding on the relationship between you and us once you have accepted the terms. Unless otherwise specified, all provisions of this Terms and Conditions apply without distinctions to Clients, Candidates and other users (jointly referred to as “User” ). For simplicity, “User”, “you”, “your” and similar terms, either in singular or plural form, refer to you, the User. ”CooperHire Gmbh”, “we”, “our”, “us” and similar terms refer to the corporation that owns and manages Jobsier as outlined in the present document. “Jobsier” refers to the current website and/or application. “Agreement” refers to this document, as amended from time to time. The Agreement is concluded in the English language. Other defined terms are set forth in the section named “Definitions” at the bottom of the Agreement.

Acceptance of this Agreement
In order to use Jobsier, you must read this Agreement carefully and agree to accept the same by clicking the button for its acceptance. If you don’t accept this Agreement you cannot use the Service.

Information about Jobsier
Jobsier is a tool allowing Users qualifying as Clients to manage, organise and filter applications submitted by job seeking Candidates for a specific vacancy (“managing and filtering features”). In addition, Jobsier may make available to Clients Candidates' professional profiles suitable for the Client's needs as specified to Jobsier or otherwise made public (i.e. via job postings, vacancies etc.). Such profiles shall be made available to Jobsier by the Candidates themselves or sourced from third parties entitled and legitimated to transfer such personal data and information to Jobsier (“matching features”). Furthermore, Candidates can apply for a specific job of a Client through an apply form on the website. After clicking on a job ad on various job boards or social media sites Candidates are routed to job pages created by Jobsier for the Clients. On this job page Candidates have to provide their name, email, phone and CV to send an application. The Client can see the applications on the platform and contact the Candidate directly.

Registration, content on Jobsier and prohibited use of Jobsier
Registration
In order to use the Service or any part of it, Users must register in a truthful and complete manner by providing all the required data in the relevant registration form. The Users must also accept the Privacy Policy and these Terms and Conditions in full. Users are responsible for keeping their login credentials confidential and not to make such data available to unauthorized third parties. We do not assume liability for misused passwords unless we are responsible for the abuse. You should notify us immediately if you are concerned about a third party having knowledge of your password, if the password is used unauthorized or this seems to be likely. You are responsible for ensuring that your information is accurate and complete and that you notify us of any changes to the information provided. After completing communication with Jobsier you should log out and close the browser window, especially if you share the computer with other people. It is understood that the Owner shall not be held responsible under any circumstances in case of loss, disclosure, theft or unauthorized use by third parties, for whatever reason, of the User's access credentials.

Deleting User accounts and account termination
Registered Users can cancel their accounts and stop using the Service at any time, by directly contacting the Owner. The Owner, in case of breach of the Terms by the User, reserves the right to suspend or terminate the User's account at any time and without notice. The Owner reserves the right to suspend or terminate the User's account at any time and without notice if it believes that: · User has violated this Agreement; and/or · User's access or use of the Service may result in injury to the Owner, other Users or third parties; and/or · the use of Jobsier by the User may result in violation of law or regulations; and/or · in case of an investigation by legal action or governmental involvement; and/or · the account is deemed to be, at the Owner’s sole discretion, for whatever reason, inappropriate or offensive or in violation of this Agreement.

Content provided by the User
Users are responsible for their own content and that of third parties that they share through Jobsier, that they upload and post on or through Jobsier, or that they transfer by any other means. Users confirm that they have all the necessary consents from third parties whose data and/or content they share with the Owner and hereby indemnify the Owner for any liability or claim arising against the Owner in connection with illegal distribution of third-party content or unlawful use of the Service. The Owner does not moderate the content provided by Users or by third parties but will act if complaints are received from Users or if orders are issued by the public authorities regarding content deemed offensive or illegal. In particular, the Owner may decide to suspend or interrupt the visualisation of content in the event that: · other Users file complaints; · a notice of infringement of intellectual property rights is received; · it is decided to do so in view of, or as a result of, legal actions; · said action is solicited by a public authority; or · if it is believed that the content, while being accessible via Jobsier, may put at risk the Users, third parties, the availability of the Service and/or the Owner. In particular, Users bear the sole and exclusive responsibility for the personal data and information relating to third parties including, but not limited to, Candidates and for informing such third parties and collecting all relevant and legally necessary consents of such third parties to the transfer of personal data to Jobsier and to the processing of personal data by Jobsier according to Jobsier's Privacy Policy, as required by and in compliance with applicable data protection law. Rights over content provided by Users The only rights granted to the Owner in relation to content provided by Users are those necessary to operate and maintain Jobsier. By submitting, posting or displaying content on or through Jobsier, the User grants a license to the Owner without territorial limits, non-exclusive, royalty-free and with the right to sublicense, to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any media or via distribution methods currently available or developed later. Jobsier shall not collect, process, sell, transfer, disseminate or otherwise use personal data and information relating to third parties (such as Candidates) and provided by Users for scopes different from those contractually due and stated, or those consented to by the respective Data Subject or allowed by applicable law. For further information please see Privacy Policy of Jobsier.

Content provided by third parties
The Owner does not moderate the content or links provided by third parties before their publication on Jobsier. The Owner is not responsible for the content provided by third parties or for its availability.

Services provided by third parties
Users may use third-party services or content included in Jobsier, but they must be aware of these third parties' terms and conditions and have given consent to them. Under no circumstances will the Owner be deemed liable in relation to the proper functionality or availability, or both, of third-party services.

Forbidden use
The Service shall be used only in accordance with these Terms. Users may not: · reverse engineer, decompile, disassemble, modify or create derivative works based on Jobsier or any portion of it; · circumvent any technology used by Jobsier or its licensors to protect content accessible via it; · copy, store, edit, change, prepare any derivative work of or alter in any way any of the content provided through Jobsier; · use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of Jobsier or its content; · rent, lease or sublicense Jobsier; · defame, abuse, harass, use threatening practices, threaten or violate the legal rights of others in any other way (such as rights of privacy and publicity); · disseminate or publish content that is unlawful, obscene, illegitimate, defamatory or inappropriate; · misappropriate any account in use by another User; · register or use the Service in order to approach the Users to promote, sell or advertise products or services of any kind through Jobsier in any way; · use Jobsier in any other improper manner that violates the Terms.

Client's Obligations When using the application managing and filtering features provided by Jobsier, Clients are welcome to recommend Jobsier to all Candidates they finally reject within their application procedure as an effective tool to find an employment. In order to do so, Clients acknowledge and accept that they may be obliged to collect their Candidates' consent to e-mail marketing for services offered by third parties upfront, as required by applicable law. When using Jobsier matching features, i.e. the provision of Candidates' profiles to Clients at their demand, Clients acknowledge and accept that such profiles do not undergo any assessment or check by Jobsier and are made available to Jobsier by Candidates themselves or by third parties authorised to do so (such as professional recruiters). Clients commit to collect, process and use personal data and information received in this way only to the extent and within the limits of the single recruiting process, provided the relevant Candidate does not withdraw his/her consent to further processing at any time.

Terms and conditions of sale

Purchase Paid services Jobsier provides for additional services and subscriptions available upon payment of a fee. The fees, duration and conditions for the accounts and paid services are highlighted in the relevant section of Jobsier.

Recurring subscription User can purchase, inter alia, slots (30 days spend budget) on the system with a validity of 12 months. Payments start from the date when Users choose a paid subscription or modify another existing payment plan. The subscription must be renewed at each billing cycle to maintain the benefits provided by the paid services.

Purchasing process The purchase of services must be completed offline. To these ends, Clients may contact the Owner at the contact details specified above.

Methods of payment Jobsier uses third-party tools for its payment processing and is not connected with any of the provided payment information – such as the credit card – in any way. Any declined payment costs shall be borne by the User.

Indemnification and limitation of liability

The Service is provided “as is” The Owner provides the Services strictly on an “as is” basis. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. The Owner makes no warranties or representations as to the accuracy or completeness of any “content” and assumes no liability or responsibility for any: · errors, omissions or inaccuracies in any “content”; · personal injury or property damage of any nature whatsoever resulting from your access to and use of the Services and Jobsier; · any unauthorized access to or use of our systems and/or information accessible through such systems; · any interruption of the Services; · any viruses, trojan horses, bugs, malware or the like in or transferred through the Services or through the actions of any third party; · any access to your mobile phone and/or information available through such access; and/or · any loss or damage of any kind incurred as a result of the use of the Services. The Owner does not endorse, warrant, guarantee, or assume responsibility for any event, product or service available through the Services or any website or application accessible through the Services. No action from or on behalf of the Owner or any other source shall create any warranty not expressly stated in this Agreement. Some jurisdictions do not allow the exclusion of warranties, therefore the above exclusions may not apply to you.

Indemnity The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer's fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights. In particular, Users guarantee that they are legitimated and entitled to provide personal data and information relating to third parties, including but not limited to Candidates, to Jobsier to the extent, within the limits and for the scopes specified in these Terms and Conditions and in the Privacy Policy of Jobsier. In case such legitimization and entitlement should expire due to any reason including, but not limited to, the Data Subject's withdrawal of consent, Users commit to inform Jobsier accurately and without undue delay at the contact details specified above.

Limitations of liability Jobsier and all functions accessible through Jobsier are made available to the Users under the terms and conditions of the Agreement, without any warranty, express or implied, that is not required by law. In particular, there is no guarantee of suitability of the services offered for the User's specific goals. Jobsier and functions accessible through Jobsier are used by the Users at their own risk and under their own responsibility. In particular, the Owner, within the limits of applicable law, is liable for contractual and non-contractual damages to Users or third parties only by way of intent or gross negligence, when these are immediate and direct consequences of the activity of Jobsier. Therefore, the Owner shall not be liable for: · any losses that are not a direct consequence of the breach of the Agreement by the Owner; · any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.); · damages or losses resulting from interruptions or malfunctions of Jobsier due to acts of force majeure, or at least to unforeseen and unforeseeable events and, in any case, independent of the will and extraneous to the Owner's control, such as, by way of example but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications; and · incorrect or unsuitable use of Jobsier by Users or third parties. Miscellaneous Service interruption To guarantee the Users the best possible use of the Service, the Owner reserves the right to interrupt the service for maintenance or system updates, informing the Users through constant updates published on Jobsier.

Service reselling Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of Jobsier and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.

Privacy policy For information about the use of their personal data, Users must refer to the Privacy Policy of Jobsier which is hereby considered to be part of these Terms. The Privacy Policy can be found under: https://Jobsier.ai/policies/privacy.

Intellectual property rights All trademarks, nominal or figurative, and all other marks, trade names, service marks, word marks, illustrations, images, or logos that appear concerning Jobsier are, and remain, the exclusive property of the Owner or its licensors and are protected by the laws in force on trademarks and by related international treaties. All trademarks and all other marks, trade names, service marks, word marks, trademarks, illustrations, images, logos regarding third parties and content posted by such third parties on Jobsier are and remain the exclusive property of such third parties and their licensors, and are protected by applicable trademark laws and relevant international treaties. The Owner does not own the aforementioned intellectual property rights and may use them only within the limits and in accordance with the contracts concluded with such third parties and for the purposes outlined herein.

Age eligibility Users declare themselves to be adult according to their applicable legislation. Under no circumstance may persons under the age of 13 use Jobsier.

Changes to these Terms The Owner reserves the right to modify these Terms at any time, informing Users by publishing a notice within Jobsier. Users who continue to use Jobsier after the publication of the changes accept the new Terms in their entirety.

Assignment of contract The Owner reserves the right to transfer, assign, dispose of by novation or subcontract all or any rights or obligations under these Terms, as long as the User's rights under the Terms are not affected. Users may not assign or transfer their rights or obligations under these Terms in any way without the written permission of the Owner. Contacts All communications relating to Jobsier must be sent using the contacts stated in these Terms and Conditions.

Severability If any provision of these Terms is invalid or unenforceable, that clause will be removed and the remaining provisions shall not be affected and they will remain in force.

Governing law and jurisdiction These Terms and any dispute concerning the implementation, interpretation and validity of this Agreement are subject to the laws of Germany. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers. Definitions Service The service provided by Jobsier as described in these Terms and in Jobsier. User Any user of the Service, whether a human being or legal entity. Terms and Conditions (or Terms) These Terms and Conditions, which constitute a legally binding agreement between the User and the Owner. Client A User benefitting of Jobsier's Services acting as potential employer or recruiter. Candidate A User benefitting of Jobsier's Services acting as potential employee.
Datenschutzhinweise
Jobsier collects some personal data from its Users.

Data Controller of the website “https://www.jobsier.co” pursuant to Art. 4 (7) of the EU General Data Protection Regulation (GDPR):
CooperHire GmbH
Rheinsberger Straße 76/77
10115 Berlin, Germany
Chamber of Commerce of Berlin
No. of Registration: HRB 214774 B
Managing Director: Amar Ahlers
email: hello@cooperhire.io
Phone: (+49) 176 43677706

This Privacy Policy governs the extent to which Jobsier collects, processes and uses personal data about you. We, therefore, ask you to read the following explanations carefully. This Privacy Policy is only valid for this website. The website might contain cross-references ("links") to other websites of third-party providers. Our Privacy Policy does not apply to websites of third parties. For this reason, users should carefully read privacy policies of third party websites collecting your personal data.

Types of Data collected
Jobsier is an application allowing Clients to manage, organise and filter applications submitted by job seeking Candidates for a specific vacancy. Furthermore, Candidates can apply for specific jobs through the apply form on the website of Jobsier. Unless otherwise specified, all provisions of this Privacy Policy apply without distinctions to Clients, Candidates and other users (jointly referred to as “User” or “Users”).

Each time a User accesses a page of our website and every retrieval of a file access data about that process is stored in a log file on the server. In particular, this applies to the following information: · Date and time of the request · Time zone difference to Greenwich Mean Time (GMT) · Content of the request (concrete page) · Access status/ HTTP status code · Transferred amount of data · Website from which the request was initiated · Browser · Operating system and its interface · Language and version of the browser software · IP address The IP address is stored for the period of use only and will be deleted or anonymized afterwards immediately. This data will neither be used to identify users nor be combined with other data, but serves to provide this website only. Jobsier collects the aforementioned data as this is technically necessary for us to be able to display our website and to ensure the stability and security of the website. The legal basis of this processing is Art. 6 (1) sentence 1 lit. f) GDPR. If you use our website not only for information purposes, you will generally need to provide further personal data, such as name, date of birth, email address, address or telephone number, which we use to provide the respective services. We will collect the relevant personal data only if this is permitted by law (for example, for the performance of a contract or for legitimate interests) or if you consent to the processing of personal data. In case of your consent the legal basis of the processing is Art. 6 (1) sentence 1 lit. a) GDPR. With respect to the performance of a contract the legal basis is Art. 6 (1) sentence 1 lit. b) GDPR. The legal basis concerning processing of your data with respect to legitimate interests is Art. 6 (1) sentence 1 lit. f) GDPR. You may withdraw your consent to the processing of personal data at any time. A revocation has direct influence on the admissibility of the processing of your personal data as soon as directed to us. If the processing of your personal data is based on legitimate interests, you have the right to object to processing the personal data. If you exercise your right of objection, we kindly ask you to explain the reasons why we should not process your personal data. If your objection is justified, we will review the facts and adjust or modify the processing of data or inform you about imperative legitimate reasons for the processing. Among the types of personal data that Jobsier collects, by itself or through third parties, there are: - name, last name and email address of Clients using Jobsier and/or the natural person using Jobsier on the Client's behalf - personal data contained in each Candidate's application documents. The personal data collected from Candidates, who use Jobsier autonomously and for their own scopes in particular to apply for a specific job, are all those included in their personal professional profiles and/or application documents, including: name, surname, place of domicile, e-mail address, date of birth, gender and photograph, previous academic and professional experiences and background, personal skills (such as languages spoken), personal interests, hobbies, social media accounts, certificates, diplomas and other qualifications, preferences in terms of working hours and working places, a presentation video or a video interview and further documents (such as motivation letters, CVs etc.).

The detailed personal data collected will be described in the relevant sections of this Privacy Policy or in a dedicated explanatory text contextually with the data collection. The personal data may be freely provided by the User, or collected automatically when using Jobsier. In case Users set up an account storage of data can be revoked at any time. The specified data and your entire user account can always be deleted in the customer area. You agree to treat personal access data confidentially and not to make such data available to unauthorized third parties. We do not assume liability for misused passwords unless we are responsible for the abuse. You should notify us immediately if you are concerned about a third party having knowledge of your password, if the password is used unauthorized or this seems to be likely. You are responsible for ensuring that your information is accurate and complete and that you notify us of any changes to the information provided. After completing communication with Jobsier you should log out and close the browser window, especially if you share the computer with other people. Any use of Cookies - or of other tracking tools - by Jobsier or by the owners of third party services used by Jobsier, unless stated otherwise, serves to identify Users and remember their preferences, for the sole purpose of providing the service required by the User. Failure to provide certain personal data may make it impossible for Jobsier to provide its services.

Users are responsible for any personal data of third parties obtained, published or shared through Jobsier and confirm that they have the third party's consent or another legal basis to provide the Data to the Jobsier.

Mode and place of processing the Data
Methods of processing
The Data Controller processes the Data of Users in a proper manner and shall take all appropriate technical and organizational security measures to protect the data against manipulation, loss, destruction or unauthorized access by third parties. Our systems are secured against unauthorized access. In particular, your personal data is encrypted by us. We use the coding system SSL (Secure Socket Layer). We expressly point out that despite all technical precautions, the Internet does not allow absolute data security. We are not liable for acts of third parties.

The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Data Controller, in some cases, the data may be accessible to certain types of persons in charge, involved with the operation of the site (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by Jobsier. We transmit your personal data to third parties only if you have consented to the transfer, the transfer is necessary for the performance of the contract, or we are enforced to do so by law. In case we use external service providers to process your personal data (e.g. for IT services, storage of data or optimization of processes) they are carefully chosen and instructed by us. They are bound by our instructions and are regularly inspected. The data provided to our service providers may be used by them to fulfill their tasks only. If we transfer personal data to service providers outside the European Economic Area (EEA), we will do so only if the EU Commission has confirmed that the third country ensures an adequate level of data protection or other appropriate safeguards exist (e.g. EU standard contractual clauses or binding corporate rules).In case Candidates apply for a specific job at Jobsier, respective personal data such as name, contact details and CV are stored at the platform of Jobsier. Furthermore, the data are transferred to the Client offering the respective job. The legal basis of this processing is Art. 6 (1) sentence 1 lit. b) and f) GDPR. By sending an application Candidates agree to the processing of their personal data by Jobsier and Clients. Personal data will be processed by Jobsier only for the purposes mentioned in this Privacy Policy. Please note, that Jobsier has no influence on the processing of personal data by the Clients.

Retention time
The Data is kept for the time necessary to provide the service requested by the User, or stated by the purposes outlined in this document, and the User can always request that the Data Controller suspend or remove the data. Jobsier will delete the personal data of Users as soon as the data is no longer necessary for the respective purpose. It may occur that personal data is kept for the time during which possible claims may be asserted against Jobsier (for example statutory limitation period of three or thirty years). Furthermore, Jobsier is required by law to store certain data due to the duties of proof and retention, inter alia with respect to the German Commercial Code, the German Tax Code or the Money Laundering Act. The storage periods can be up to ten years. As personal data are submitted by Candidates through the apply form on the website of Jobsier the Client offering the job is responsible for the timely erasure of personal data on the platform according to legal deletion periods. Jobsier will erase or make anonymous these personal data on the platform submitted by Candidates upon instruction of the Client or, at the latest, two month after application of the Candidate.