Terms of use

These terms and conditions (“GTC“) apply to the access to, and the use of TalentGleam platform available on https://talentgleam.com/ (“Platform“) and the related services as described on and offered via the Platform (together the “Services“), offered by TalentGleam Solutions AG Eichenstrasse 2, 8808 Pfäffikon SZ (Schwyz), Switzerland (“TalentGleam“).

To access or use the Services, you (“Company“) have to agree to these GTC. The Company agrees to these GTC by registering on the Platform in accordance with these GTC. If the Company does not agree to these GTC, the Company may not use or access the Services.

These GTC, together with all other referenced documents, form a legally binding agreement (“User Agreement“) between TalentGleam and the Company.

The Company represents and warrants that they are not a person or entity barred from using the Services under the laws of Switzerland, their place of residence, or any other applicable jurisdiction. Accounts registered by bots or automated methods are not authorized and will be terminated.

The Services include different sets of features (each a “Feature“). A complete overview of the Features, as well as pricing and related information can be found on the Platform.

The Services notably enable the Company to access partner platforms (“Job Boards“) and post job adverts on such Job Boards via the Platform. The Company may select additional Services from the Features listed on the Platform against the payment of fees in accordance with this User Agreement.

The Features listed on the Platform do not constitute a legally binding offer by TalentGleam, but an invitation for the Company to submit an order for a Feature. To book such additional Features, the Company must first select the desired model in profile management and then place it in the shopping cart by clicking the Add to Cart button. By clicking on the Place Your Order button, the Company submits a binding offer to book the Services placed in the shopping cart. Upon receipt of confirmation of the booking, TalentGleam may at its own discretion decide to accept the Company’s order or not. Upon acceptance, and where applicable, a subscription to the respective Services is concluded. TalentGleam may at its own discretion decide to accept the Company’s order or not.

For some Features, the Company may select usable inventory to be exchanged for the underlying services, as displayed on the Platform (“Inventory”). Unless otherwise expressly displayed on the Platform, each Inventory must be used within 12 months of its selection. After the expiry of this period, the Inventory automatically lapses and is forfeited by the Company.

Some Features, including but not limited to the Job Boards, are provided by third parties providers (“Third Parties“). For Features offered by Third Parties, TalentGleam acts as the main contractor with such Third Parties and makes the Features available on the Platform as part of the Services. The Company acknowledges and agrees that the Company shall be solely responsible for the instructions given by the Company to such Third Parties either directly or via the Services, and for the use of content of the Features offered by Third Parties, including to its compliance to the Third Parties’ terms of use applicable to the relevant Features.

Additionally, the Company acknowledges and agrees that TalentGleam does not guarantee and is not responsible for the extent and the availability of the Features made available by Third Parties. In particular, but without any limitation, the Company acknowledges that TalentGleam enters into agreements with Third-Parties related to the Features provided by or via such Third Parties for a limited duration and that TalentGleam does not take any responsibilities for extraordinary terminations of such agreements with Third-Parties, and the consequences on the availability of the related Features, due to factors not caused by TalentGleam (e.g., bankruptcy of the Third Party). The Company acknowledges and agrees that TalentGleam solely acts as a technical software and platform service provider and neither places applicants nor is involved in any other way in the application and staffing process as part of the Services. The Company is solely responsible for the interaction between the Company and the applicants carried via the Services or not.

TalentGleam may amend the Services at any time and reserves the right to add, remove, or discontinue temporarily or permanently Features and/or Third Parties, as well as to modify it in whole or in part the Services at its own discretion. In case of material changes to the Services, i.e., changes significantly altering the nature and scope of the Services provided to the Company according to the User Agreement, (“Material Changes”) TalentGleam shall notify the Company 3 months prior to the occurrence of the relevant Material Change, where reasonably possible.

If the Company violates their obligation in accordance with the User Agreement, or if TalentGleam has reasonable doubts, at its sole discretion, to suspect that the Company violates their obligations in accordance with the User Agreement, TalentGleam reserves the right to limit or suspend access to the Services until the Company demonstrated to TalentGleam not being in violation of the User Agreement. In case of a suspension, the Company remains liable for all charges and Fees (as defined hereinafter) incurred during the suspension period.

The Company may purchase credits provided by TalentGleam (each a “Credit“) on the Platform via the available payment methods. A Credit is worth the amount displayed on the Platform and can only be used on the Platform to purchase Services to the extent described on the Platform. TalentGleam may at its own discretion decide the limits of the balance of Credit that each Company may have at a given time and limit the period during which the Credits can be used. Unless otherwise expressly specified on the Platform, each Credit must be used within 12 months of its purchase. After the expiry of this period, the Credits automatically lapse.

The Company understands and acknowledges that the Credits are non-reimbursable and cannot be exchanged for monetary value at any time.

The Company shall register or create an account to access and use the Services or part of the Services. Only Companies or their authorised representatives conducting commercial or self-employed business activity are entitled to register on the company Platform. Upon registration, the Company shall confirm that it has read and understood the GTC and agrees to their application.

The Company shall provide accurate, current, and complete information during registration and keep their account information up-to-date. The Company shall use an email address belonging to the Company to register. Accounts registered by bots or automated methods are not authorized and will be terminated.

TalentGleam may verify the information provided during registration and may reject or cancel a Company’s registration in its sole discretion and without specifying any reason. TalentGleam may subject the full access of a Company to the Services to its prior approval.

The Company is responsible for maintaining the confidentiality and security of their account credentials, including any user accounts for employees, and may not disclose their credentials to any third party. The Company is responsible and liable for activities conducted through their account, including users accounts for employees, and must immediately notify TalentGleam if there is any suspicion that their credentials, including user accounts for employees, have been lost, stolen, or their account is otherwise compromised.

Part of the Services are subject to the payment of subscription fees (“Fees“). The Fees for each respective part of the Services are made available on the Platform. The Company shall pay the Fees via the payment methods made available by TalentGleam.

All Fees are payable in advance, invoices are due within 30 days. Late payments result in an interest rate of 5% p.a. If not explicitly stated otherwise, all Fees are in the currency displayed on the Platform and excluding VAT and other applicable taxes. Any right to set off, retain, deduct, counterclaim and/or withhold any payments due under the User Agreement vis-à-vis TalentGleam is hereby expressly waived and excluded.

In case the Company does not pay the applicable Fees as and after notice of non-payment, TalentGleam reserves the right to limit or suspend access to the Services. In case of a suspension, the Company remains liable for all charges and Fees incurred during the suspension period. TalentGleam reserves the right to assign any claims arising out of or in connection with the User Agreement to any third-party, including but not limited to a debt collection agency.

For the Services available on a subscription basis, the Fees correspond to a subscription period, as displayed on the Platform (“Subscription Period“). Any Services not used during the relevant Subscription Period expire and are not refunded to the Company. Upgrades of Services, as displayed on the Platform, are possible at any time. If the Company upgrades during an ongoing Subscription Period, the surcharge must be paid proportionately in advance; the upgraded Services are only available upon valid payment of the applicable surcharge. Downgrades of Services, as displayed on the Platform, can only be carried out at the end of the current Subscription Period, or as otherwise agreed at TalentGleam’s sole discretion.

TalentGleam reserves the right to adjust the Fees from time to time. In this case, the Company will be notified by email specifically regarding any future payment obligation and the effective date of the Fees adjustment. Following the notice, the Company may accept the price adjustment or discontinue the Services for the end of the current Subscription Period.

TalentGleam shall provide the Company with the Services as agreed in the User Agreement.

TalentGleam:

• makes the Services available to the Company and uses reasonable care and skill in the performance of the Services and in keeping the Services free from viruses and other malicious software programs.
• regularly carries out maintenance or improvements to the Services and its infrastructure, but does not guarantee that the Services will function without any interruption or disruption. The Company acknowledges that this may result in temporary delays and interruption from time to time. Where reasonably possible, TalentGleam will inform the Company about potential interruptions in advance.
• is permitted and possibly required by law to suspend access to the Services or the Company’s account based upon reasonable determination of the occurrence or potential for occurrence of illegal or wrongful activity, fraudulent use or attempted fraudulent activity. In case of a suspension, the Company remains liable for all charges and fees incurred during the suspension period.

TalentGleam may amend the GTC, including the applicable fees, from time to time at its sole discretion by publishing an updated version of the GTC on the Platform. Where possible, TalentGleam will electronically notify the Company of any material changes to the GTC. The Company should check the GTC regularly and only use the Services upon acceptance of the changes to the GTC. The Company’s continued use of the Services following any amendments indicates acceptance of the changes to the GTC.

TalentGleam reserves the right to ask the Company to provide feedback through forms, questionnaires, and polls in order to improve their Services (“Feedback”). TalentGleam may use, or not use, any such Feedback, without any obligation, whether financial or otherwise, to the Company. The Company assigns all rights (including but not limited to intellectual property rights), title, and interest in the Feedback to TalentGleam and acknowledges it has no claim in relation to the Feedback.

The Company agrees to use the Services in compliance with the User Agreement and all legal and moral obligations applicable in the territory where they are located.

The Company is obliged to cooperate in the performance of this User Agreement to the necessary extent free of charge. The Company shall provide TalentGleam with all necessary information, documents, materials, access, software, data, as well as competent staff, and anything else reasonably required for the provision of Services, if any. Furthermore, the Company shall inform TalentGleam immediately if errors or faults occur and to support TalentGleam in the analysis and, if necessary, in the elimination of errors and faults to the extent required.

The Company must immediately inform TalentGleam of all circumstances within its sphere that might endanger or may be relevant to the providing the Services and all misuses or suspicions of misuse of the Services.

The Company is responsible for keeping all content made available via the Platform, including job adverts posted via the Platform or Job Boards, (“Company Content“) as well as and the information in the Company profile, up to date. The Company is responsible for the Company Content and shall ensure that the Company Content complies with all applicable laws and regulations. Except if otherwise expressly specified, the Company Content, is deemed third-party content by TalentGleam. The Company understands and agrees that TalentGleam does not check the completeness, accuracy or legality of the Company Content and therefore assumes no responsibility or guarantee for the completeness, accuracy, legality and topicality of the Company Content. The Company is solely liable for all of the Company Content.

The Company shall not:

• circumvent or attempt to circumvent any security protection of the Services;
• use the Services in unlawful or fraudulent ways or for any unlawful or fraudulent purpose or effect. In particular, but not limited to, the Company shall not post any data or content such as text, images, logos, etc. that violate current laws, intellectual property rights, copyrights or other third-party rights, or any. Also prohibited are files containing violent, pornographic, discriminatory, insulting, racist, offensive, defamatory or other illegal content or depictions;
• bypass the Services in any way, e.g. by publishing contact email addresses for job applications or links or information on alternative job application methods on the Platform;
• access the Services via any automated system or take any action that may impose an unreasonable load on TalentGleam’s infrastructure;
• use the Services for selling goods and services, to carry multi-level marketing activities, or in any other that is contradictory to the purpose of the Services; and
• bypass the measures that TalentGleam may use to prevent or restrict access to or use of the Services.

The Company agrees it will not:

• try to decompile or reverse engineer the Services or any part of it, or derive the source code;
• copy, modify, distribute, reproduce, translate, disassemble or use in any other way any information, text, graphics, images, software obtained from the Services, or any other part of the Services;
• create derivative works based on the whole or any part of the Services or any content available on the Services.

The Company may not sell, sublicense, allow access or make the Services or any part of it otherwise available to third-parties.

The Company is obliged to check their data and information for viruses or other harmful components before entering it and to use state-of-the-art virus protection programs for this purpose.

The Company agrees not to use or exploit the Services, any part of it or any content contained there in any data mining or any other similar activity.

If the provision of Services under this User Agreement is delayed due to the Company’s failure to comply with the Company’s obligations as per the User Agreement or due to other circumstances for which the Company is responsible, the Company shall bear the disadvantages and additional costs incurred.

The Company may delete its account at any time by sending a request to this effect in text form to [email protected] . The Company understands that the deletion of its account does not terminate the User Agreement which must be terminated in accordance with this section 8 and that some Fees may remain or become due in accordance with this User Agreement for existing or subsequent Subscription Periods. Subject to data protection applicable rules, all Company Content will be automatically deleted together with the deletion of the Company’s account.

The User Agreement between the parties remains in full force and effect until its termination by either party. When a Company selects Services offered on a subscription basis, the User Agreement will automatically renew for subsequent periods of the length of the Subscription Period unless the User Agreement is terminated.

For Services offered on a subscription basis:

• Either party may terminate the User Agreement at any time with immediate effect if the other party is in material breach of the User Agreement and fails to remedy this violation within 10 days after a notice. This includes in particular the Company’s failure to pay on time or the start of insolvency procedures against the other party; and
• In all other cases, either party may terminate towards the end of each Subscription Period by notifying the other party in text form or via the Platform, (i) at least 30 days before the end of a yearly Subscription Period, and (ii) at least 5 days before the end of a monthly Subscription Period.

For Services offered for free, either party may terminate the User Agreement at any time with immediate effect.

Termination does not affect any rights, obligations, or liabilities of either party that have accrued before or are intended to stay effective beyond termination.

Each party retains all rights, titles, and interests to its own intellectual property, including all copyrights, inventions, trademarks, designs, domain names, know-how, trade secrets, data and other intangible property rights (“Intellectual Property Rights”). All Intellectual Property Rights in the Services or any part of it remain vested in TalentGleam.

TalentGleam grants the Company a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services in accordance with and for the duration of the User Agreement.

The Company hereby grants TalentGleam the non-exclusive, non-revocable, transferable, worldwide, royalty-free and sublicensable license to use the Company Content, in particular images, logos and texts, as well as the data generated as part of application management on the Platform to fulfil their obligations in accordance with this User Agreement and to use, process, manipulate and/or modify, copy, perform, compile and create derivative works from the Company Content, including using the Company Content for business purposes. The Company hereby acknowledges and agrees that TalentGleam and its affiliates may disclose to third parties data (other than personal data) derived, compiled or otherwise drawn from the Company Content.

This includes the right for TalentGleam to modify the Company Content and use it in such a way that TalentGleam may enlarge or reduce the images and/or colour images black and white in order to be able to display the images accordingly in the Company profile.

The Services may contain open-source components. Such components are subject to the respective license.

The parties may disclose to each other confidential information (“Confidential Information“). Confidential Information includes, without limitation, any information which is marked as confidential such as organization information, Company databases, functionalities and features of the Services, or information which has otherwise been indicated as being confidential or could reasonably be deemed confidential and attributable to the Company or TalentGleam.

Publicly available or accessible information, information lawfully and unrestrictedly received or independently developed by the receiving party, is not considered confidential.

Each party undertakes to protect all confidential information that becomes accessible or known based on the GTC. This confidentiality obligation remains in force even after the termination of the User Agreement. TalentGleam and the Company may further define their duties regarding confidentiality in a non-disclosure User Agreement, in which case the provisions of the non-disclosure User Agreement prevail.

TalentGleam collects and processes personal data as described in its Privacy Policy available at https://talentgleam.com/privacy-policy . TalentGleam protects the collected personal data by means of appropriate technical and organizational measures and in accordance with the data protection legislation applicable in Switzerland and the European Union.

The Company authorizes TalentGleam to use, process, and store relevant data for the performance of the User Agreement and to use anonymized data to improve its services or for analysis purposes.

TalentGleam shall process personal data as the Company’s processor whereas the Company is the controller. The duties of the parties regarding data protection are further defined in the data processing agreement (DPA) accessible here https://talentgleam.com/dpa , which provisions prevails on these GTC.

TalentGleam is fully liable to the Company for damages resulting from TalentGleam’s material breach of confidentiality, , and gross negligence or wilful misconduct.

In all other cases, TalentGleam’s liability under the User Agreement is excluded to the maximum extent permitted under applicable law.

Neither party may recover from the other party, regardless of the legal reason, any amount with respect to loss of profit, data, or goodwill, or any consequential, incidental, indirect, punitive, or special damages in connection with claims arising out of this User Agreement or otherwise relating to the Services, whether or not the likelihood of such loss or damage was contemplated.

TalentGleam will not be held liable for inaccuracy or incompleteness of the Services, or the incompatibility of the Services with any specific objectives that the Company is hoping to achieve.

The Company agrees to indemnify, and hold TalentGleam harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) breach of this User Agreement or any legal regulation by the Company, its employees or other persons acting on behalf of the Company; (ii) any breach of Company’s representations and warranties set forth in the User Agreement; (iii) Company’s violation of the rights of a third party; (iv) the Company Content.

The Company acknowledges that the Services are provided “as is” and “as available”, and TalentGleam makes no warranties or representations of any kind related to the Services or the information and materials contained thereon. TalentGleam makes the Services available to the Company and uses reasonable care and skill in the performance of the Services.

TalentGleam does not guarantee that the Services are error-free and will function without any interruption or disruption. TalentGleam may at its own discretion carry out maintenance or improvements to the Services and its infrastructure, and the Company acknowledges that this may result in temporary delays and interruptions from time to time. Where reasonably possible, TalentGleam will inform the Company about potential interruptions in advance. Any further warranty is excluded.

• Entire agreement: The User Agreement constitutes the entire agreement between TalentGleam and the Company, and supersedes all prior agreements between the parties relating to the subject matter of the User Agreement.

  Any deviation from the User Agreement not anticipated by the User Agreement requires an explicit reference to the altered clause of the User Agreement. General terms and conditions of the Company are excluded unless they have been expressly accepted by TalentGleam.

• Changes to GTC: TalentGleam may, from time to time, change these GTC. TalentGleam will notify the Company at least 30 days before such changes apply to the Company.

• Notices: Notices must be given in text form and need to be communicated:

  • To TalentGleam’s attention: via email to: [email protected] ;
  • To Company’s attention: by publishing on the Platform or where explicitly agreed between the parties via email to the last e-mail address provided for this purpose by the Company. It is the Company’s responsibility to keep provided contact information current.

• No Assignment: The Company may not assign any of its rights, obligations, or claims under the User Agreement without the previous consent of TalentGleam.

• Severability: If any provision of the User Agreement (in whole or part) is held to be illegal, invalid or otherwise unenforceable, the other provisions will remain in full force and effect.

• Language: These GTC are available in more than one language version. In case of discrepancy between the English version of these GTC and any translated version, the English version prevails.

• Governing Law & Jurisdiction: These GTC, and all claims or causes of action that may be based upon, arise out of or relate to these GTC shall be governed by and construed in accordance with the substantive laws of Switzerland, excluding its conflict of law provisions and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The ordinary court at the seat of TalentGleam has exclusive jurisdiction for all disputes arising from or in connection with the GTC.

• Links: The Services may contain third-party content or links to third-party websites. TalentGleam does not assume any responsibility for and does not make any warranties or representations as to any third-party content or websites, including but not limited to the accuracy, subject matter, quality, or timeliness.

Questions about these terms? Reach our legal team at [email protected] or via talentgleam.com/contact .

TalentGleam, Eichenstrasse 2, 8808 Pfäffikon SZ (Schwyz), Switzerland (hereinafter referred to as “TalentGleam”) has set itself the mission of connecting job seekers and employers worldwide. Our services are designed to make the recruiting process easier for employers and employees alike, especially for the allocation of suitable candidates and simplifying the job application procedure. Employees, those interested in a job and applicants (hereinafter referred to as “users”) can create a career profile on our platform https://talentgleam.com/ (hereinafter referred to as “platform”), which allows users to submit applications to employers as well as store and manage all their applications and documents required for this in one place.

When creating a user account, the user shall agree that the following General Terms and Conditions (hereinafter referred to as “GTC”) apply exclusively:

These GTC shall apply to all services offered by TalentGleam to users of its platform.

These GTC shall apply exclusively. Any deviating, conflicting or supplementary terms and conditions of the user shall only become part of the contract if and to the extent that TalentGleam has expressly agreed to their validity.

TalentGleam expressly reserves the right to make changes to these GTC. Changes to these GTC shall become effective if the user does not object to the changes in writing within one month of receiving notification of change and TalentGleam has informed the user of this right of objection and the applicable deadline in the notification of change. If the user objects to the change in writing, the previous GTC shall continue to apply. In this case, TalentGleam is entitled to terminate the contractual relationship with the respective user within two weeks of receipt of the objection. Excluded from this right to make changes are changes that relate to an obligation of one of the parties, the fulfilment of which is essential to accessing TalentGleam services and on the compliance of which the other party regularly relies or may rely (“essential contractual obligation”).

TalentGleam’s main obligation is to provide the platform. TalentGleam shall provide the platform as it was available when the user account was opened, in accordance with Section 3 (“as is”). A career profile can be created via the user account, which can be seen by companies to which the user applied for a job via the platform. Furthermore, users can manage the content and documents required for job applications via the platform, as well as search for vacancies and monitor applications submitted. If the user sends an application via the platform, TalentGleam will forward it to the respective employer as part of its service.

The data generated via the platform is also used to optimise the weighting of selection criteria in order to be able to suggest the user profile to potential employers for open positions. This does not entitle the user to any claims for his or her application to be put forward to certain employers. Furthermore, the user has no right to a specific platform design or equipment. TalentGleam reserves the right to upgrade the platform at any time and to add or remove features in the course of this, as well as to modify it in whole or in part at its own reasonable discretion (§ 315 BGB, German Civil Code), taking into account the interests of the user, or to temporarily or permanently discontinue features, provided this does not affect TalentGleam’s essential contractual obligations from the contractual relationship and that this is deemed reasonable for the user. In this case, the procedure according to Section 1.3 shall apply.

TalentGleam endeavours to ensure that the platform can be used as interruption-free as possible. However, technical disruptions (e.g. interruptions to power supply, hardware and software errors, technical problems in the data lines) can result in temporary restrictions or interruptions. TalentGleam provides the platform with an overall availability of 98.5% as an annual average. The availability is calculated after deducting periods required for maintenance. The platform will not be available during maintenance work. Furthermore, the right to use the content available on the platform is subject to the scope of the technical and operational possibilities at TalentGleam.

TalentGleam shall regularly email the user on its own behalf or on behalf of the company posting the job about relevant information, such as the current status of an application, that an employer has taken steps in relation to a submitted CV or application, e.g. when an employer has opened or viewed the user’s CV or application or made a decision.

Job adverts and other content from employers that can be viewed on the platform are deemed third-party content by TalentGleam, unless they are provided with a clear reference by TalentGleam. TalentGleam does not check the completeness, accuracy or legality of third-party content and therefore assumes no responsibility or guarantee for the completeness, accuracy, legality and topicality of the third-party content. This also applies to the quality of the third-party content and its suitability for a specific purpose, and also in the case of third-party content on linked external websites. Users are free to send an email to [email protected] to notify TalentGleam of content or job adverts that appear to violate legal provisions or the terms of use of the platform.

In order to use the platform, a user must first open a TalentGleam account. The minimum age for users is 18. There is no absolute right to conclude a user agreement.

To open an account, a user is required to provide his or her correct personal details, which can be verified. Accordingly, opening a user account by providing incorrect personal details constitutes a violation of our GTC. This also includes user accounts that are opened in the name of others or for or by persons under the age of 18. In such cases, we reserve the right to extraordinarily terminate the user agreement.

The user confirms that the contact details and other information requested by TalentGleam during the registration process are complete and correct and that they are kept up to date. The use of pseudonyms, abbreviations and artist names is not permitted. To verify the information provided, TalentGleam sends the user a confirmation email using the so-called double opt-in procedure. The data transmitted during the registration process is checked by TalentGleam for completeness and plausibility. If the information is perceived to be correct by TalentGleam and there are no other concerns from TalentGleam’s point of view, TalentGleam will activate the requested access and notify the user of this by email. By clicking on the confirmation link contained in the email, the user accepts the offer to conclude a user agreement.

The user is responsible for keeping the registration details secret. He or she is obliged to keep their username and password for access secret, not pass them on, not allow unauthorised persons or third parties to gain knowledge of them and to take the necessary measures to ensure confidentiality. If a registered user forgets or loses his or her login details or if there is a suspicion that his or her user account is being accessed by third parties, the user must inform TalentGleam of this via email at [email protected] .

TalentGleam offers users the opportunity to create a detailed career profile by answering specific questions about themself and their professional career as well as questions about their job search requirements. The answers are required to optimise the user experience, since the additional information enables TalentGleam to offer the user the best possible career opportunities via its suggestion function. Here, the user’s career profile is compared with the requirement profiles of the job adverts. If the comparison shows that the user meets the requirements or a job advert corresponds to his or her profile, the corresponding job advert or the employer is suggested to the user or the user’s career profile is suggested to the employer. This does not entitle the user to any claims for TalentGleam to suggest job offers to the user or for the user’s career profile to be suggested to employers.

The user is responsible for any content he or she posts and is obliged to observe all current laws and other legal provisions as well as the provisions of these GTC when submitting job applications and creating or maintaining his or her career profile.

In particular, the user is prohibited from posting any data or content such as text, images, logos, etc. that violate current laws, intellectual property rights, copyrights or other third-party rights. Also prohibited are files containing violent, pornographic, discriminatory, insulting, racist, defamatory or other illegal content or depictions, which may not be uploaded and/or made publicly accessible or made part of the content conveyed via the platform. It is also prohibited to upload files in which third-party company names, trademarks or other commercial symbols or other protected logos are displayed in whole or part, unless the user has the corresponding rights of use and/or permission. Likewise, users are prohibited from any action that is likely to impair the smooth operation of the platform, in particular to overload TalentGleam’s systems.

If there is a reasonable suspicion of breach of contract or illegal activity, TalentGleam is entitled to check the user’s activities and, if necessary, to take appropriate legal action without prior notice. This can also include the blocking and deletion of the content, the deactivation of the user account or career profile, the termination of the contractual relationship, the permanent exclusion from the platform or the forwarding of the underlying facts to the public prosecutor’s office. If TalentGleam terminates the contractual relationship with a user due to reasonable suspicion of breach of contract or illegal activity, the user is neither entitled nor allowed to open a new user account in his or her or another name or to be allowed to use the account of another user to access the platform.

In the event of a culpable violation of the aforementioned obligations, the user is obliged to indemnify TalentGleam immediately upon first request from all resulting third-party claims.

The user hereby agrees that he or she shall only place data and content on the platform if he or she has the necessary permission to do so and to publish it. In cases where third-party rights are attached to data or content, the user confirms that he has lawfully acquired or licensed the necessary rights of use to post and publish such data and content.

When posting data or content, the user grants TalentGleam a free, transferrable, regionally and temporally unlimited right of use to fulfil TalentGleam’s contractual obligations towards the users or to fulfil TalentGleam’s legal obligations to the respective content, in particular

• to store the content on TalentGleam’s servers and to publish it, in particular to make it publicly accessible (e.g. by displaying the content on the platform) and
• for processing and duplication, insofar as this is necessary for the provision or publication of the respective content.

Whenever the user deletes the content posted or exercises his or her right to deletion in accordance with Art. 17 GDPR, the right of use granted to TalentGleam above with regard to the said content expires. However, TalentGleam remains entitled to store copies made for backup and/or verification purposes as well as anonymised personal data for research and development purposes, for the preparation of analyses and statistics and for the fulfilment of legal retention period obligations.

The user agreement for the platform commences with an agreement in accordance with Section 3 and is concluded for an indefinite period.

The user is entitled to terminate the user agreement at any time without giving notice by simply requesting to close the user account by sending TalentGleam an email to this effect to [email protected] from the email account registered to the user account. TalentGleam will then deactivate the user account and the career profile and irrevocably delete all data stored by the user on the platform and submitted applications from its own servers. This does not affect further processing based on statutory retention obligations.

TalentGleam shall be entitled to terminate the user agreement at any time in writing (email) with a notice period of two (2) weeks.

The right to terminate for good cause remains unaffected. A good cause that entitles TalentGleam to terminate is in particular if the user culpably violates the provisions of these GTC, in particular if he violates the provisions of Section 4 and Section 5, or otherwise behaves improperly or illegally in the contractual relationship.

Unless otherwise stated in these GTC, TalentGleam shall be liable within the framework of the use of the platform in accordance with the following provisions.

If the user suffers damage as a result of using the platform provided free of charge, TalentGleam shall only be liable if the damage occurred despite the contractual use, the user has not acted culpably and only in the case of intent (including fraudulent intent) and gross negligence on the part of TalentGleam.

The following provisions apply to the liability of paid content:

• TalentGleam has unlimited liability for damage caused intentionally or through gross negligence by TalentGleam or its legal representatives, employees or vicarious agents.
• TalentGleam is not liable in cases of slightly negligent violation of only insignificant contractual obligations. Apart from that, the liability of TalentGleam for damages caused by slight negligence is limited to those damages that typically have to be expected within the framework of the respective contractual relationship (damages that are typically foreseeable in the contract). This also applies to slightly negligent breaches of duty by the legal representatives, employees or vicarious agents.
• The above limitation of liability does not apply in the event of fraudulent intent, in the event of bodily or personal injury, for the breach of guarantees or for claims arising from product liability.

The user shall be solely liable for breaches of obligations by the user, in particular for violations of third-party trademarks, copyrights and naming rights. This does not apply if the user is not responsible for the breach of obligation. The user shall indemnify TalentGleam from all claims for payment by other users and third parties upon first request, which are asserted against TalentGleam due to a violation of rights or contract by a third-party user.

Data protection is top priority at TalentGleam, which is why TalentGleam has committed itself to the highest quality standards according to the principle of “privacy-by-design”. Details of the data processing carried out by TalentGleam can be found in the latest version of the Privacy Policy.

TalentGleam is responsible for data processing via the platform in accordance with Art. 4 No. 7 GDPR. If an application is transmitted to an employer via the platform, the latter is responsible under data protection law for the data processing that takes place after transmission. The data transmitted as part of the application, i.e. in particular cover letter, CV, additional information in the career profile and documents as well as contact details, are processed by the respective employer and can be stored locally there.

Swiss law applies exclusively.

The EU Commission has created an online platform for the settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online purchases. More information is available under the following link: http://ec.europa.eu/consumers/odr . TalentGleam is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board.

There are no supplementary oral agreements to this contract. Any amendments or additions to these GTC and all declarations by the parties relating to membership must be made in writing (including email) to be deemed valid. This also applies to the amendment of the written form requirement.

If any provision of these GTC is or becomes partially or completely invalid, this shall not affect the validity of the remaining provisions of the GTC.

Questions about these terms? Reach our legal team at [email protected] or via talentgleam.com/contact .