1. Welcome to headhunter.social. (the “Platform”). The Platform is powered and owned by headhunter.social ApS (CVR.: 40047263). By accessing, browsing or using this Platform, you acknowledge that you have read, understood and agree to be bound by these Terms of Use (the “Terms”) as well as the Privacy Notice which sets out the way we manage your personal data (the “Privacy Notice”). If you do not agree to these Terms and the Privacy Notice, you should not use or access this Platform. The Platform reserves the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms frequently because your use of the Platform after the posting of changes will constitute your acceptance of the changes. When changes are done to the Terms or the Privacy Notice we will send a notice to you of this at your next login to the platform. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Platform and to change, suspend or discontinue any aspect of the Platform and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Platform or restrict your access to part, or all, of the Platform without notice or penalty if you in our opinion in any way misuse the Platform or we change the focus of the platform. Your continued use of the Platform will constitute your acceptance of any such changes.“The Platform” as mentioned below refers to
www.headhunter.social,
www.headhuntersocial.com
2. Rules of communication and behavior applies to anyone using the Platform. Anti-discrimination policy: Discrimination, including racism, will not be tolerated. Zero-tolerance policy: This policy states that any form of discrimination, harassment, or hate speech will result in immediate action, up to and including termination. Code of conduct: This code outlines the behaviors that are expected of all members, including respecting others' differences, and avoiding any discriminatory behavior. Safe space policy: This policy establishes that the Platform is a safe space for everyone, and any discriminatory behavior will not be tolerated. Inclusivity statement: This statement communicates the Platform’s values and commitment to creating an inclusive environment free of discrimination, including racism. Diversity and inclusion policy: This policy outlines the Platform’s commitment to diversity and inclusion and sets out expectations for behavior and consequences for any discriminatory actions.
3. Terms for Applicants
The Platform offers Software as a Service that allows people to share job listings that ultimately connects prospective candidates with employers through a simple and non-binding interview request process. As a prospective candidate, you can become aware of a job opening on other platforms that leads to this Platform where you can apply for the job using this service. Additionally, your use of the Platform is free, and the interview request process does not create any contractual obligations between the employer and you as a prospective candidate. The Platform only acts as a tool for companies to post job listings to our Platform from where their employees and others can directly share them to other platforms for you as a prospective candidate to see and apply for job opportunities without obligations. The use of the Platform is free for candidates. When you apply for a job through the Platform, we may require you to provide us information such as your name, phone number, professional data and e-mail address. We may also require information from your LinkedIn profile or other social media accounts. We will review the information that you provide to us during the registration process, and we may review any other information about you that is publicly available. By applying for a position, you agree that we will store your name, phone number, e-mail address any applied URL links, all applied data of yours and that we can share this with the company that you are applying for a position with. You also agree to that we and the company (where you have applied for a position) may store your information for two years, and that the company may contact you for similar positions in this time period. You can get your information deleted within the two-year period by both the us and the prospective employer by contacting the Platform and the prospective employer. Importing information from your LinkedIn profile does not represent any affiliation between The Platform and LinkedIn. The Platform does not store your login username and password from LinkedIn or of any other third-party service. Specifically, The Platform does not store your LinkedIn username and password if you entered them into the LinkedIn web login page within the Platform on its servers; it only stores the information you enter into your application; name, e-mail address, phone number, other data and url-link to LinkedIn profile. You may have the ability to import data from other third-party entities into the Platform, and through your use of the Platform, you confirm that you voluntarily provide your information to the Platform by your own free choice. Please note that each third-party web-Platform linked from the Platform has its own terms and conditions which will apply to you and are separate from these Terms. The Platform will not share any of this information with any other 3rd party without your express consent or request.
4. For Employers
As an employer, you have the opportunity to advertise and post job listings to acquire qualified talent on our Platform. This is done with the purpose of having your employees and possibly other users to share your job listings in order to spread the word about the open position, ultimately trying to hire qualified talent. When posting the job listing to the Platform, you have to pay a start fee and add a Referral Bonus Bonus before the job listing is active and ready to be shared. The Referral Bonus is the amount of money you as a company are willing to pay if a candidate is hired on the specific job listing. The Referral Bonus vary but is priced at 0,5 - 1 expected monthly salary for the Employers new hiring. This is a legally binding offer which means, that if you apply a certain amount as a Referral Bonus, and a person shares that job listing which ultimately leads to you hiring a person, you as a company are legally obligated to pay the amount of the Referral Bonus. Example: Referral Bonus is set to be 3.000 EUR, then the total price is 3.000 EUR + the start up fee. It is not possible to make the Referral Bonus lower after it has been applied. If you do not hire anybody for the open position at all, you will not be charged. headhunter.social (The Platform) reserves the right to contact all applicants at any given time in order to get feedback of their experience with the Platform and ask if they have obtained a job through the Platform. The Referral Bonus plus fees are charged by headhunter.social ApS which thereafter will complete the payouts to Users who have earned the Referral Bonus. It is your responsibility as a company to ensure that you always notify the Platforms about all hirings done through the Platform. At your company dashboard on the Platform, you can manage all applicants. You can categorize applicants as “being interviewed” or you can favorize them if you want to save them for later. Most importantly, you have to categorize an applicant as “hired” if you do hire the person. Are you experiencing any difficulties in doing so, we advise you to contact the Platform by any other means, phone or e-mail, to let us know that you have hired the applicant. If you as a company fail to notify the Platform about a hiring and therefor undermining the business model of the Platform by not paying the Referral Bonus, the Platform has the right to impose an extra fee of 2.500 DKK on your company for every day you have failed to notify about the hiring. That means, if you hire a candidate through headhunter.social, you must immediately apply this on our Platform when you are logged in and mark the candidate as “hired”. Stating a candidate as hired is a point of no return and this means that the person who shared the job listing is entitled by law to receive the Referral Bonus and the Platform is entitled to receive the 20% fee for the service of providing this Platform for the company on top of the startup fee. You may arrange interviews with any candidate that has shown interest in the job on The Platform and which you feel may be a fit for your company. However, these requests are non-binding and do not create a binding employment contract. You may store information about prospective candidate for two years and you may contact the prospective employees for similar positions in this time period. You agree to delete the information about the prospective employee two years after receiving the application from the prospective employee or when the prospective employee asks you to delete it. The Platform is entitled to store data on all applicants and will likewise delete these no later than two years after receiving them. The Platform only provides you with information provided by the prospective candidate including reference to the prospective employees’ social media profiles. You understand that the Platform does not inquire into the backgrounds of its users or attempts to verify statements of its users. You are responsible for conducting background checks, reference checks and any other due diligence that may be required before making an offer of employment to a prospective employee/candidate. You also understand to comply with all laws and regulations relating to the employment of any prospective employee / candidate.
5. Terms for Users / Headhunters
The Platform provides Software as a Service where you as a user can create an account. It is free to use for you as a User. The User is defined as being the party on the platform, that shares the job listings available. You can do this on behalf of your own employer or you can do it on behalf of other companies where you think your network and shared job listings can benefit. If you share a job listing and another applicant clicks your link, applies for the job and obtains the job, you are legally guaranteed to receive the Referral Bonus as stated on that specific job listing. The Platform tracks and traces all job listings shared, so this is your guarantee that your efforts to share are accommodated. On your “My referral” page you get data insight and you can see how well your shared links are doing, how many have applied on your links and if a person is hired. It is your responsibility as a User to share job listings in a professional manner. Racism, sexism, harassment, and any kind of demeaning or discriminating behavior towards anyone will lead to account termination without warning.
6.GENERAL TERMS FOR USE OF THE PLATFORM THAT APPLIES TO EVERYONE USING THE PLATFORM
You are responsible for your own communications, including the transmission, uploading or posting of information and are responsible for the consequences of such communications to the Platform. We require all Members to agree not to use the Platform, and specifically prohibit any use of the Platform, for any of the following purposes:
Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity. Posting any information which is untrue, inaccurate or not your own. Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation. Attempting to interfere in any way with the Platform’s network security or attempting to use the Platform’s service to gain unauthorized access to any other computer system.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to notify us promptly in the event of any unauthorized use of your account or other breach of security.
7. Registration
If registration for use of a Service on the Platform is required, you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the Services’ registration form (“Registration Data”), and (2) maintain and promptly update the registration data to keep it true, accurate, current and complete. We reserve the right, in our sole discretion, to accept or reject your registration to use our Platform. If your registration is accepted, you may use the Platform. You are responsible for all activities that occur under your account. If you provide any content that is untrue, inaccurate, not current, or incomplete, or The Platform has reasonable grounds to suspect that such content is untrue, inaccurate, not current or incomplete, The Platform has the right to suspend or terminate your account and refuse any and all current or future use of the Platform. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account. You agree not to create an account or use the Platform if the Platform has closed your account previously, or if we have previously expelled you from the Platform or Services. In order to use The Platform as an employer you must also register. When registering we may ask you for additional information related to your company and the types of Prospective Employees you are looking for. We will review the information that you provided to us during the registration process and any other information that is publicly available. We reserve the right, in our sole discretion, to accept or reject your registration to use our Platform. If your registration is accepted, you may engage with prospective employees that have expressed an interest in your company or job ad on The Platform. It is your responsibility to abide by all applicable law when using the Platform, including data protection regulation.We reserve the right to reject or terminate your registration if your business does not live up to internationally recognized norms and standards for human rights, arms, working conditions, the environment and anti-corruption.
8. Use of data.
We refer to our Privacy Notice for you to know how we use data.
9. Additional Terms and Conditions
You agree that additional terms and conditions may apply to specific products, services, or your use of certain portions of the Platform (“Additional Terms”), which Additional Terms form part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall prevail.
10. Product and Services Information; Limitations on Access
Excluding any contents submitted by users from time to time, we strive to ensure that the information on the Platform is complete and reliable. Certain information may contain errors, including pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit access to portions of the Platform for Members and to revise, suspend, or terminate an event or promotion at any time without notice. We do not guarantee that all products or services described on our Platform will be available.
11. Billing Policies
A. Certain aspects of the Services may be provided for a fee. If you are a company and elect to use a paid feature of the Services, you agree to the pricing and payment terms for the applicable Services, as we may update them from time to time. The Platform may (1) add new services and products for additional fees and charges, at any time in its sole discretion, or (2) amend fees and charges for existing services, at any time in its sole discretion upon notice. We may also provide certain products or services via our third-party partners and you agree that your use of such third-party products or services is subject to the contractual (including payment) terms presented by such third parties should you wish to use their services. You further agree that The Platform has no responsibility for such third-party services and your use of such services is entirely at your own risk. Any change to the fees for paid services shall become effective in the billing cycle following notice of such change to you. If you reasonably dispute any portion of an invoice, you must pay the undisputed portion of the invoice and submit written notice of your dispute (with sufficient detail of the nature of the dispute, the amount and invoices in dispute and information necessary to identify the affected Service(s)) for the disputed amount. The following provision is excluded insofar as Danish law is applicable: All disputes must be submitted to The Platform in writing within thirty (30) days from the date of the invoice with respect to which you have a dispute. You waive the right to dispute any charges not disputed within such thirty (30) day period. In the event that the dispute is resolved against you, you shall pay such amounts plus interest at the rate referenced in Section 6(C) below.
B. No Refunds for Paid Services You understand and accept that, to the fullest extent available under applicable law, you will not receive a refund of any pre-paid fees if you cancel, terminate, or decide to no longer use of the paid service, prior to the expiration of those services (for example, if you hire a candidate prior to the expiration of your job posting). In the event that The Platform suspends, limits, conditions, or terminates your access to the Services and/or your account due to your breach of this Agreement or any other agreement that you have with The Platform, you understand and accept that you will not receive a refund for any unused time with respect to fees that you have pre-paid for a product or service, and to the extent that you have not paid the applicable fees, you will remain liable to pay The Platform the entire fees due for the product or service, as applicable.
C. Payment Information; Taxes; Delinquent Payments All information that you provide in connection with a monetary transaction must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction at the prices in effect when such charges are incurred. You will also pay any applicable taxes relating to such transactions. If at any time The Platform is required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to The Platform upon written notice. If you elect to enhance your job posting with certain upgrades, we will invoice you for such upgrades and/or charge your credit or debit card (or other payment method) accordingly. Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including legal fees and expenses) incurred by The Platform in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. In addition, if you are late in payment of any fees, we reserve the right to either (i) immediately suspend or terminate your access to the applicable Services without notice, and in the event of any such suspension or termination, you will remain responsible for the entire amount of fees owing for such Services; or (ii) bill your credit/debit card on file with us under this or any other agreement. Unless your subscription plan is terminated timely and correctly, you will continue to accrue charges even if you don’t use the subscribed Services.
D. Credit and Debit Cards In the event that you pay for any Services using a credit card or debit card, you authorize The Platform to charge your credit or debit card (or other acceptable payment method that you have chosen from those offered) (Payment Method), for the applicable fees for the duration of the applicable term of your selected subscription plan or other paid service or product, together with any applicable VAT, sales, use, excise, consumption or other similar tax applicable to the Services. You represent that you are authorized to use the Payment Method on your company’s behalf, and you agree to accept an electronic record of a receipt. If at any time your Payment Method will not accept the charge for fees due, you agree that The Platform may suspend or terminate your access to the applicable Services and that you will continue to remain liable for the full payment for such Services even after your access to the Services has been terminated or suspended. By providing any Payment Method, you agree that applicable credit card, debit card and billing information may be shared with third parties such as payment processors and credit agencies, and/or collection agencies for the purposes of checking your credit, effecting payment, collecting payments and late fees if applicable, and for providing the applicable Services to you or in order to enforce our agreement with you. We may also share this information with law enforcement authorities and in response to subpoenas, court orders, and search warrants.
E. Suspension or Termination(i) Suspension or Termination for Cause. The Platform may suspend or terminate your access to the Services and/or this Agreement in the following instances: (I) if you breach this Agreement and cannot correct the breach within that period required by The Platform if the breach is capable of cure; (II) immediately, if you fail to pay any monies owed to The Platform for paid services; (III) immediately if you become the subject of a bankruptcy, insolvency, receivership, liquidation, assignment for the benefit of creditors or similar proceeding; (IV) immediately in the event of violations of this Agreement; (V) for any abuse, inappropriate behavior, or other conduct, which in our sole discretion adversely affects or has the potential to affect us, our employees or users of our Services; (VI) immediately if you send excessive, disruptive, deceptive, or abusive communications to another User by mail, email, text, phone, or other mode of communication (as may be determined in The Platform sole discretion), regardless if such communication takes place on or off the Services; (VII) immediately if you in any way disclose, transfer, or sell any Data (defined below) within a User’s resume/CV or profile to a third party, except as expressly permitted by this Agreement; and/or (VIII) immediately, if you charge, or attempt to charge, a Job Seeker any money to review or otherwise proceed with the hiring process after such Job Seeker submits a Job Application on the Services. In the event of any suspension of your access to the Services and/or termination of this Agreement or any other agreement you have with The Platform (other than a termination for convenience by The Platform), you remain responsible for the entire amount of the fees (pre-paid and/or due), for the applicable Services, and you will not receive a refund of any prepaid fees. The Platform may also suspend your access to the Services without penalty and without notice, in the event of a suspected violation of this Agreement. In the event your access to the Services is terminated for cause in accordance with clauses (V), (VI), (VII), (VIII) above, you shall further be prohibited from signing up for or using any other User account, free trial, or paid service on the Services.(ii) Suspension or Termination for Convenience. The Platform can terminate your access to the Services and/or this Agreement for convenience via email notification to you and, in the event of such termination, you will receive a pro-rata refund of any pre-paid fees pertaining to Services that will not be provided as a result of the termination.(iii) Your Termination Rights. You may terminate this Agreement if The Platform materially breaches this Agreement and does not cure the breach within ten (10) days after receipt of written notice from you, which notice must be emailed to: info@headhunter.social. Pre-paid fees are non-refundable, except in the case of an uncured material breach by The Platform (and in the absence of any contributory act and/or omission to act by you), in which case you will receive a pro-rata refund of any pre-paid fees pertaining to Services paid for, but not provided, for the balance of the applicable term of your then-current Subscription Plan.
12. Trials and vouchers
If using a trial or voucher this will be deducted at your first or next upcoming payment. Such trials and vouchers only apply for the set amount of time and/or discount set out when such trials and vouchers were applied. You accept and acknowledge that your subscription will return to normal pricing at the end of such trial or when the discounts no longer apply. Such trials and vouchers could have a limited expiration time and/or date after which they can no longer be redeemed.
13. Proprietary Rights
The Platform is responsible for material published on the Platform. The Platform and its licensors reserve all rights to ownership, copyright, trademarks and all other intellectual property rights relating to the The Platform and to products and Services mentioned or on the Platform, except as specifically set out in these Terms. As any user of this Platform, you may view and print the contents mentioned above for personal, non-commercial use only. You may not otherwise copy, save or otherwise reproduce, adapt, modify, transfer, assign, use or exploit the contents or parts thereof without our prior written consent. The Platform does not claim ownership of any materials you make available through the Platform. With respect to any materials you submit or make available for inclusion on the Platform, you grant The Platform a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify and create derivative works of such materials or any part of such materials for use on and in connection with The Platform. You hereby represent that you hold good and proper rights to any materials (including, but not limited to, text, images, music or video) which you provide to The Platform. You further represent that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. The Platform will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
14. Disclaimers
You assume all responsibility and risk with respect to your use of the Platform. The platform, and all contents, and other information on or accessible from or through this platform or a “linked” platform are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy. Specifically, but without limitation, the platform does not warrant that: (1) the information on this platform is correct, accurate or reliable; (2) the functions contained on this platform will be uninterrupted or error-free; or (3) defects will be corrected, or that this platform or the server that makes it available is free of viruses or other harmful components. The Platform makes no warranties of any kind regarding any non-The Platforms to which you may be directed or hyperlinked from this Platform. Hyperlinks are included solely for your convenience, and The Platform makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-The Platform. The Platform does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Platform.
15. Indemnification
You agree to indemnify, hold harmless, and defend The Platform, their parents, subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising from or related to your use of the Platform, your violation of these Terms or the Privacy Policy, content posted to the Platform by you, or your violation of any law or the rights of a third party.
16. Limitation of Liability
In no event shall the platform, their affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties providing information on this platform be liable to any user of the platform or any other person or entity for any direct, indirect, special, incidental, punitive, consequential or exemplary damages (including, but not limited to, damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use the platform, whether based upon warranty, contract, tort, or otherwise, even if the Platform has been advised of or should have known of the possibility of such damages or losses. In no event shall the total liability of the Platform, their affiliates or any of their respective officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates or third parties providing information on this platform to you for all damages, losses, and causes of action resulting from your use of this platform, whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to the Platform in connection with the event giving rise to such liability. You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services made available through the Platform.
17. International Use
The Platform is controlled and operated from Denmark. We make no representation that materials on the Platform are appropriate or available for use outside of Denmark. If you choose to access this Platform from outside Denmark, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
18. 3rd Party applications
Within the Platform, there may be links to third party web-platforms, services, or other activities that are not controlled or owned by The Platform. Links to third party Platforms are included as a convenience to users.
19. Intellectual Property Rights Infringements; Notice and Take Down Procedures
The Platform specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Platform infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim. Notifications of claimed copyright infringement should be sent to the following address:
headhunter.social ApS (CVR.: 40047263)
Att.: STAFET ApS
Pilestræde 10, 1. 1112, Kbh K. To contact us with any questions or concerns in connection with these Terms or the Platform, or to provide any notice under these Terms, please contact us at info@headhunter.social.
20. Platform Security
Although we believe the Platform to be free from viruses, malware and other errors that might affect your IT systems, you access and use the Platform at your own risk. The Platform assumes no responsibility for any loss or damage arising from the use of the Platform. Furthermore, The Platform accepts no responsibility for the availability of the Platform.Neither The Platform nor any of its officers and employees accept any liability for any damage or direct, indirect or consequential loss arising from the availability or use of the Platform, including any harm or defect caused to your computer as a result of accessing and using the IT systems that makes the Platform available.
