Terms of Service

§1. Definitions

Whenever the following terms and definitions are used in these Terms of Service, they shall be understood as follows:

Electronic address

– a designation of an ICT system enabling communication via electronic means of communication, in particular email.

CV Database (Candidate Database)

– dedicated sections of the Service containing CVs posted by Users under the terms of these Regulations, hosted on the Service Administrator's server or a cooperating entity's server.

CV

– the User's curriculum vitae posted within the User's account as an external file uploaded by the User. Available to employers unless the User selects the 'Hidden Profile' option in their account settings.

Commercial information

– any information intended, directly or indirectly, to promote goods, services or the image of an entrepreneur, excluding information enabling communication via electronic means of communication with a specific person and information about goods and services not serving to achieve a commercial effect desired by the entity commissioning its dissemination, in particular without remuneration or other benefits from producers, sellers and service providers.

Account / User Account

– a set of data provided by the User when creating the account or in subsequent additions, including in particular the User Profile, CV, information about the User's preferred job offers, and tools enabling the User to manage their account (settings).

Login

– the email address provided by the User, which they will use in the Service.

Employer

– a natural person, legal person or other organisational unit without legal personality seeking employees, contractors or service providers, as well as entities providing employment intermediation services acting on behalf of such entities, to whom Pocketsquare sp. z o.o. grants access to CV content stored in the CV Database.

User Profile

– information posted within the User's account, relating in particular to the User's education, professional qualifications and career path, provided by the User in particular by completing a form when creating a User Account.

Terms of Service

– these "Terms of Service for the Pocketsquare.pl Platform" constituting terms of service within the meaning of the Act of 18 July 2002 on the provision of services by electronic means (consolidated text of 9 June 2017, Journal of Laws 2017, item 1219), covering in particular: (i) the types and scope of services provided by Pocketsquare sp. z o.o. by electronic means, (ii) the conditions for the provision of services by electronic means, including technical requirements and the prohibition on the User providing unlawful content, (iii) the conditions for concluding and terminating contracts for the provision of services by electronic means, (iv) the rules for processing Users' personal data, (v) the complaints procedure.

Service

– the website operated by Pocketsquare sp. z o.o. at the current URL: http://www.pocketsquare.pl.

ICT system

– a set of cooperating IT devices and software ensuring the processing and storage, as well as sending and receiving of data via telecommunications networks using the appropriate terminal device for the given type of network within the meaning of the Act of 16 July 2004 – Telecommunications Law (Journal of Laws 2016, item 1489, as amended).

Electronic means of communication

– technical solutions, including ICT devices and cooperating software tools, enabling individual remote communication using data transmission between ICT systems, in particular email.

Provision of a service by electronic means

– the performance of a service provided without the simultaneous presence of the parties (remotely), through the transmission of data at the individual request of the service recipient, sent and received using electronic data processing devices, including digital compression, and data storage, which is entirely transmitted, received or transmitted via a telecommunications network within the meaning of the Act of 16 July 2004 – Telecommunications Law (Journal of Laws 2016, item 1489, as amended).

Services

– all services provided by electronic means by the Service Provider to Users under these Terms of Service.

Service Provider or Pocketsquare sp. z o.o.

– Pocketsquare sp. z o.o. headquartered in Warsaw, ul. Indiry Gandhi 15/4, 02-776 Warsaw, registered in the entrepreneurs register of the National Court Register maintained by the District Court for the Capital City of Warsaw in Warsaw, XII Commercial Division KRS under KRS number: 0000911168, NIP: 7011035170, REGON: 388890697, with a share capital of PLN 250,000.

User (Service Recipient)

– a natural person who uses the free Service provided by electronic means by Pocketsquare sp. z o.o., including an individual User Account of the Service.

GDPR

– Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) of 27 April 2016.

§2. General Provisions

1. These Terms of Service govern the rules for Pocketsquare sp. z o.o. providing services by electronic means in the scope of:
   1. managing User Accounts by Pocketsquare sp. z o.o. and enabling the creation of User Profiles,
   2. receiving recommended job offers and job offers matching the criteria specified by the User,
   3. submitting applications for recruitment processes conducted via the Service,
   4. managing recruitment processes conducted by Pocketsquare sp. z o.o. via the Service on behalf of third parties, i.e. Employers, or sharing the CV Database with Employers.
2. These Terms of Service are made available to Users free of charge and upon request prior to the conclusion of a contract for the provision of Services via the ICT system.
3. Pocketsquare sp. z o.o. makes every effort to ensure the continuous and uninterrupted provision of the services specified in these Terms of Service, subject to the fact that temporary interruptions in the provision of services may be caused by maintenance activities or circumstances beyond the control of Pocketsquare sp. z o.o. Pocketsquare sp. z o.o. will make every effort to limit such interruptions.
4. The services provided via the Service are free of charge for Users.
5. The User is obliged to refrain from posting unlawful content on the Service, in particular content that infringes the rights and freedoms of third parties.
6. Pocketsquare sp. z o.o. reserves the right to remove User entries that violate the law, the rights of third parties or the Service Provider. The Service Provider reserves the right to close a User Account if the User uses the Account in a manner contrary to applicable law, these Terms of Service, or in a manner that infringes the rights of third parties.

§3. Conditions for Concluding and Terminating a Contract for the Provision of Services by Electronic Means

1. The provision of services by Pocketsquare sp. z o.o. is carried out under the conditions described in these Terms of Service. If the User does not accept the provisions of the Terms of Service, they should limit their use of the Service to the extent possible without creating an Account or refrain from using the Service altogether.
2. Only adults may become Users.
3. In order to use the services offered by Pocketsquare sp. z o.o., it is necessary to meet the technical requirements for using the ICT system of the Service, i.e.:
   1. an internet connection,
   2. access to a web browser.
4. The Pocketsquare.pl Service publishes job offers, internships and trainee programmes of its own and of its clients, i.e. Employers.
5. A User interested in a job offer may:
   1. participate directly in a recruitment process conducted by an Employer without creating a User Account on the Service by clicking the 'Apply' button. In that case, the User will be redirected directly to the Employer's website, and Pocketsquare sp. z o.o. will not receive the User's personal data and will not process it,
   2. participate in a recruitment process conducted by an Employer while simultaneously creating a User Account on the Service.
6. To create an Account, the User fills in the registration form on the Service. An Account may also be created via an external authentication service – Facebook.com and Google.com.
7. After completing the registration form containing the User's personal data and accepting the Terms of Service, the User receives an activation link at the email address they specified. The Account will be activated upon clicking the activation link. Information about the account creation along with the activation link is sent to the User's email address provided during registration. Notifications will also be sent to the provided address during the use of the User's account, provided the User declares their willingness to receive them.
8. In the case of registration referred to in point 7, second sentence, the Account is created without the need for Account activation.
9. Upon submission of the completed registration form, acceptance of the Terms of Service, and in the case of registration referred to in point 8, activation of the account, the contract for the provision of services by electronic means is concluded and the User gains access to the account.
10. By creating an Account, the User gains full access to the interactive tools available on the Service, including in particular:
    1. creating a User Profile containing, among other things, information about the User's education, professional qualifications and career path. The User creates the Profile by completing a form,
    2. uploading a CV file to the User's account,
    3. receiving recommended job offers and notifications about job offers matching the User's specified criteria,
    4. searching for job offers and submitting applications for job offers (option also available to Users who have not created an Account).
11. Pocketsquare sp. z o.o. has no legal or practical means of verifying the correctness of most of the identification data provided by the User. The User should be aware that providing incorrect or untrue data in the registration form may prevent the User from achieving the goal of participating in a recruitment process.
12. The User may close their account on the Service – to do so, they should send an email to: pomoc@pocketsquare.pl or – after logging into their User Account – click on the 'Account Settings' tab and click the button available in the 'Delete account' section. Deregistration from the service results in the termination of the contract for the provision of services by electronic means.
13. The User should not disclose their account password to other Users. In the event of such disclosure, Pocketsquare sp. z o.o. cannot be held responsible for the consequences of the disclosed account password.

§4. Rules for Posting CVs. CV Database Shared with Employers

1. The User is entitled to post a CV file within their User Account. The CV is posted by the User uploading an external file. Pocketsquare sp. z o.o. may enable the creation of CVs on the User's profile pages, which will be done by the User completing forms on the Service.
2. By uploading their CV within their User Account, the User voluntarily consents to it being shared with Employers, unless they select the 'Hidden Profile' option. If the CV is shared in the CV Database, the data indicated in the Profile (including the User's personal data) and attached CV files will be made available to Employers. The User may at any time opt out of sharing their profile in the CV Database by selecting the 'Hidden Profile' option on their User profile.
3. Pocketsquare sp. z o.o. provides every User who has posted a CV in the CV Database with access to the data contained in their CV for the purpose of verifying or modifying data, reactivating the CV, changing the status, or deleting the CV or specific data from the CV Database.
4. Pocketsquare sp. z o.o. recommends that Users update their accounts at least once every 183 days. Each time before the deadline referred to in the preceding sentence, the Service Provider may send the User an appropriate notification by email containing a link to the page where the User can update their account. Accounts not updated by Users for a period longer than 2 years may be deleted.
5. By posting a CV in the CV Database, the User consents to sharing the full content of the CV with interested Entities having access to the CV Database, i.e. Employers, under the terms of these Terms of Service.
6. Pocketsquare sp. z o.o. takes all due care to protect the personal data provided by the User, implementing the provisions of the GDPR in this regard. Pocketsquare sp. z o.o. does not control or verify the data contained in CVs posted by Users in the CV Database. The User is responsible for the content of the CV they post in the CV Database.
7. Pocketsquare sp. z o.o. shall not be liable for the inability to access the CV Database caused by circumstances that cannot be avoided without significant additional costs or due to reasons attributable to third parties, as well as caused by force majeure. Pocketsquare sp. z o.o. is entitled to temporarily suspend access to the CV Database for technical reasons. Pocketsquare sp. z o.o. takes care to ensure that interruptions to access to the CV Database take place during hours of lowest activity and last as briefly as possible.

§5. Privacy Policy and Protection of Users' Personal Data

All information regarding the privacy policy and the protection of Users' personal data can be found under the 'Privacy Policy' link available on the www.pocketsquare.pl website.

§6. Complaints Procedure

1. All User complaints regarding the operation of the Service and the provision of services specified in these Terms of Service by Pocketsquare sp. z o.o. may be submitted: (i) by email to: pomoc@pocketsquare.pl or (ii) in writing to the address of Pocketsquare sp. z o.o., ul. Indiry Gandhi 15/4, 02-776 Warsaw.
2. A complaint should contain at least the following information: identification of the entity submitting the complaint (name, surname, address, email address), the subject of the complaint along with a description of the circumstances justifying the complaint, and contact details.
3. Pocketsquare sp. z o.o. will consider the complaint within 14 days of receiving the submission. The information will be communicated to the User in a manner corresponding to the method of submitting the complaint, unless the User accepts another form of communicating information about the resolution of the complaint.

§7. Final Provisions

1. The Service Provider reserves the right to amend these Terms of Service, with amendments entering into force on the date specified in the amendment, but no earlier than 14 days after informing users of the changes. Within 14 days of being notified of the amendment, the User may submit a statement of non-consent to the application of the amended Terms of Service – such a statement will be treated as a termination by the User of the legal relationship binding Pocketsquare sp. z o.o. and the User which forms the basis for the provision of the services referred to in these Terms of Service. If such a statement is submitted, the Service Provider will cease providing services to the given User within 15 business days of the User's statement being submitted. The statement of non-consent to the application of the amended Terms of Service should be submitted by email to: pomoc@pocketsquare.pl or by registered letter to the address of Pocketsquare sp. z o.o. or by deleting the User Account.
2. The Service Provider reserves the right to discontinue providing free accounts on the Service without giving a reason. The discontinuation of free User Accounts by Pocketsquare sp. z o.o. will mean the termination of the contract for the provision of services by electronic means by Pocketsquare sp. z o.o. and will take place after prior email notification of the User – within 14 days of such notification.
3. Matters not covered by these Terms of Service shall be governed by the provisions of the Civil Code and the Act of 18 July 2002 on the provision of services by electronic means (Journal of Laws No. 144, item 1204), the Personal Data Protection Act and the GDPR, and other mandatory provisions of law.