These general conditions (“General Conditions”) apply to the Client (as defined below) and are not an exception to the specific conditions of the Purchase Order (as defined below); they are generally applicable and shall be held to have been conclusively accepted when the Client subscribes the Purchase Order containing the Client’s declaration of full acceptance of these General Conditions.
Job Vacancy: a job vacancy advertisement published on the Website via the Website or other external platforms or websites owned by third parties as described in further detail in Article 4.2 in these General Conditions. The content of the Job Vacancy adverts is laid down and managed by the Client.
Client: a professional or legal person purchasing one or more Services.
Agreement: the comprehensive arrangement between the Client and Jobrapido, including the Purchase Order and these General Conditions.
Jobrapido: Jobrapido S.r.l. a single member company with registered offices at Via Paleocapa 7, 20121 Milan, Italy, Phone +39 02 726251, Fax. +39 0272625002, Taxpayer Identification Code and VAT Code 11876271005, E-mail email@example.com, registered with the Milan Company Register under No. MI-1994083, Share capital € 5,000,000.00 (fully paid-in) Ministerial authorisation No. 39/0024262 obtained on 9 March 2018, registered with the Employment Agencies register, IV section. Jobrapido is the owner and is responsible for managing the Website.
Purchase Order: a commercial offer made by Jobrapido and submitted to the Client regarding the Services; once the Purchase Order is signed by the Client as detailed under Article 2.1 below, the Purchase Order and these General Conditions constitute the Agreement. The Purchase Order specifies the Services which the Client intends to use, their characteristics, the duration of the Agreement and the provision of the Services, the Price, and the methods and deadlines for payment of the Price.
Parties: collectively Jobrapido and the Client.
Price: the consideration indicated in the Purchase Order pertaining to each single Service.
Advertising Messages: promotional messages regarding the products or services of the Client, published on the Website in the form of banners, pop-ups or other form and/or sent directly to Registered Users via e-mail, within the limits laid down by the applicable laws and regulations. The form and content of the Advertising Messages are determined by the Client.
Services: services provided by Jobrapido to the Client in performance of the Agreement and described in the Purchase Order.
Website: the website found at jobrapido.com, owned by Jobrapido.
User: any person visiting the Website, or the external platforms used by Jobrapido in the manners further detailed in Article 4.2 below, by visualising one or more Job Vacancies or Advertising Messages published on the Website, and who may, after registering, submit a job application to the Client in reply of one or more Job Vacancies and/or who may register on the website and thus access the services offered by Jobrapido including receiving Job Vacancies via e-mail, and receive Advertising Messages if applicable.
Registered User: any User who registers with the Website to use the Services offered by Jobrapido including e-mail transmission of Job Vacancies, and may receive Advertising Messages, within the limitations laid down under the applicable laws and regulations.
2. Execution of the Agreement
2.1. Upon execution of the Agreement, Jobrapido undertakes to provide, under the terms and conditions of the Agreement, the Services to the Clients. The Agreement shall be deemed to have bene executed once (i) the Client has sent the Agreement, duly signed (either manually or electronically), to Jobrapido by using the e-mail address indicated on the Purchase Order, and (ii) Jobrapido has confirmed to the Client, via -email, that the Agreement has been executed.
3. Obligations of the Client
3.1. The Client undertakes:
(a) to process, in its capacity as Data Controller, the personal data of the Users and Registered Users, to which the Client has gained access by virtue of the Services, in compliance with the applicable personal data protection legislation (Regulation EU 2016/679) and any other law applicable to the processing of personal data. The Client guarantees to adopt the appropriate measures and discharge the obligations pertaining to personal data protection, such as, by way of example, privacy notice and consent, to protect the rights and dignity of the Users and the Registered Users whose personal data are processed by the Client.
(b) not to use the information sent by Users and by Registered Users through their CVs in reply to Job Vacancies and/or otherwise for different purposes other than the recruitment of human resources (and thus, by way of example and not limitation, for advertisement, promotional, or propaganda purposes);
(c) to use all the appropriate measures to prevent any party not expressly authorised by the Client from accessing the information and/or personal data provided by Jobrapido, through specific tools aimed at monitoring the performance of the service and the relative costs.
(d) to ensure that all the information contained in the Job Vacancies, in the Advertising Messages and/or other message destined to Users and to Registered Users is truthful and not deceptive and/or misleading and/or, by way of example and not limitation, does not constitute false advertising and/or unlawful comparative advertising and/or surreptitious advertising and/or spamming and/or any deceptive or aggressive commercial practice and/or a communication in violation of the Code of Self-Regulation on Commercial Communication, of Legislative Decree 205/2006 (“Consumers’ Code”) and/or of Legislative Decree 145/2007 (“False Advertising”) and/or Legislative Decree 70/2003 (“Electronic Commerce);
(e) to ensure that all the communications as per letter d) above are fully compliant with any law and regulation applicable, such as Regulation EU 2016/679;
(f) not to add and/or publish within the Job Vacancies, the Advertising Messages and/or any other message destined to Users and to Registered Users any content that may violate third party industrial and/or intellectual property rights (by way of example and not limitation, trademark, patent, or rights relating to design, industrial secrets, copyright, and rights connected thereto), and/or rights over third-party images and/or names;
(g) not to publish any Job Vacancies which content is discriminatory (by way of example and not limitation, based on gender, religious beliefs, sexual orientation or ethnic origins) and/or offensive and/or any messages containing political connotations and/or including defamatory and/or offensive and/or obscene and/or vulgar and/or sexually explicit content and/or inciting hatred and/or promoting unlawful activities.
3.2. The Client acknowledges that the “Jobrapido” trademark is exclusively owned by Jobrapido. By signing these General Conditions and the Purchase Order, unless otherwise expressed in writing, the Client does not acquire any rights over the “Jobrapido” trademark, which, therefore, the Client cannot use in any manner or form whatsoever. By way of example and not limitation, the Client cannot use the above trademark and/or similar trademarks as a distinguishing mark, trade name, sign, domain name, company name, or in association with other trademarks, without the prior written consent of Jobrapido.
3.3. The Client shall fully indemnify and hold Jobrapido harmless from any and whatsoever claim, damaging consequence, cost, or damage which may be suffered by the latter or may be enforced against Jobrapido by any third party, including also sanctions imposed by Authorities legitimated to do so, deriving from the Client’s violation of the obligations as per Articles 3.1 and 3.2 above.
4. Rights of Jobrapido
4.1. Jobrapido reserves the right, without notice to the Client, and without prejudice to the provisions of Articles 3.2 and 10.2 herein, not to publish on the Website or to remove from the Website any Job Vacancies and/or Advertising Messages that are found to violate Articles 3.1 and 3.2 above. Likewise, Jobrapido may remove, without notice to the Client, any Job Vacancies and/or Advertising Messages which publication on the Website has given rise to third-party claims in connection to a violation of their rights. It is understood that Jobrapido also reserves the faculty to deny and/r suspend the publication on the Website of any Job Vacancy and/or Advertising Message and/or modify their position within the Website at any time, regardless of whether such Job Vacancy and/or Advertising Message have initially been published on the Website.
4.2. The Client authorises Jobrapido – who reserves the faculty, without the obligation to provide advance notice – to list its Job Vacancies on third-party websites and platforms other than the Website in order to maximise and optimise the service provided by Jobrapido the Client. As to the publication of the Job Vacancies on said third-party websites and platforms other than the Website, Jobrapido may not, without prejudice to cases of wilful misconduct and gross negligence, be held liable with regard to any and whatsoever negative consequence that may be suffered by the Client and/or by third parties in connection to the above publication, as the third-party owner of said website and/or platform shall bear full responsibility therefor.
4.3. Every single click or application received by the Client in connection to the Job Vacancies through the Job Vacancies’ publication methods on the above-mentioned third-party platforms and/or websites shall be deemed – for the commercial purposes contained in these General Conditions and in the specific agreements negotiated by the Parties, including the Purchase Orders -as if they had been made directly through the Website and consequently compensated, in the measure provided for and agreed in the relative Purchase Order.
5. Processing of Personal Data
5.1 In the performance of their contractual obligations and in discharging their obligations under the agreement, the Client and Jobrapido shall act, each within their sphere of competence, in the capacity as independent Data Controllers under Regulation EU 2016/679 (“Regulation”), under Legislative Decree 196/2003, as amended (“Privacy Code”) and under the provisions issued by the Italian Privacy Supervisory Authority (“Supervisory Authority”).
5.2 The Client guarantees, on its own behalf and on behalf of its employees, collaborators and/or any other party being authorised to process personal data, that the personal data shall be processed for the purposes of this Agreement, including the Users’ and/or the Registered Users’ personal data, in full compliance with the above laws and regulations. The Client undertakes, by way of example and not limitation, (i) to adopt the appropriate security measures provided for under the Regulation and under any applicable legislation; (ii) provide suitable information to data subjects and request their free, specific, express, and verifiable consent, in the cases and within the terms of the Regulation or the Privacy Code; (iii) promptly address the requests submitted by the data subjects, under Articles 15 to 21 of the Regulation, and the questions or requests issued by any competent authority, including by collaborating with Jobrapido in case they should concern processing operations under the competence of both; (iv) process the data in compliance with the principles of lawfulness, proportionality, and necessity provided for in the Regulation and in the Privacy Code.
6. Privacy Notice
6.1 Under Article 13 of the Regulation, Jobrapido processes the Client’s personal data for the following purposes: (a) purposes connected or instrumental to the performance of the Agreement; (b) administrative and accounting purposes (e.g., organisational, financial, internal control purposes, etc.) including checking solvency by accessing public lists and/or authorised providers; (c) protecting the rights and legitimate interests of Jobrapido or third parties; (d) providing information on products and services offered by Jobrapido similar to those under this Agreement, sent via e-mail. You can always easily object to being sent the above, (e) after consent, for the information purposes regarding the products and services offered by Jobrapido and/or Jobrapido’s commercial partners, sent through automated or non-automated means by Jobrapido; (f) discharging obligations of law and regulation.
6.2 The legal basis for processing the Client’s personal data for the purposes under letters (a) and (d) is represented by the stipulation and performance of the Agreement and by the applicable provisions of law, and the provision of said data by the Client is required, and the Client’s failure to provide said data makes it impossible to properly perform the Agreement. As to the purposes under letters (b), (c), and (d), the legal ground for processing the Client’s data is the legitimate interest of Jobrapido and/or third parties: in these cases, though provision of data by the Client is not mandatory under the law, it is still required as the data are strictly connected to managing the contractual relationship, and the Client’s refusal to provide such data may make it impossible for the Agreement to be performed. Furthermore, with the Client’s consent expressed at the foot of the Agreement, Jobrapido may process the Client’s data for marketing purposes, as expressed under letter (e), such as, by way of example, communications containing information on the services offered by Jobrapido or by its commercial partners, invitations to events, market surveys, either via automated means (e.g., e-mail or fax) or non-automated means (e.g., phone, paper mail). The legal basis of such processing is represented by the free and optional consent which may be granted by the Client at the foot of the document and the refusal to provide this consent will only prevent the Client from receiving the above-mentioned communications.
6.3 For the above-illustrated purposes, the data may be communicated to the following recipients: (i) persons, companies, associations or firms providing advisory and assistance services to Jobrapido; (ii) banks and credit institutions and insurance companies; (iii) affiliated companies, companies within the same corporate group as Jobrapido. The list of recipients, Data Controllers or Processors to whom the data may be communicated is available on request. The Client’s data will be stored including after termination, for any cause whatsoever, of the Agreement, in order to discharge any obligation connected to or arising out of the termination of the Agreement, including those connected to legal obligations and to the limitation periods provided for such purposes by the law. Please also know that the data may be stored for longer periods as compared to the periods expressed in this paragraph for statistical and analysis purposes, using aggregated and anonymous data. The Client may exercise, at any time and sending a written request using Jobrapido’s contact information, the rights provided under Articles 15-22 of the Regulation, where applicable (e.g., right to rectification, right to be forgotten, restriction of processing, data portability), and the right to lodge a complaint with the Italian Privacy Supervisory Authority (www.garanteprivacy.it). Joprapido’s Data Protection Officer (also referred to as DPO”) can be contacted at the Company’s address or firstname.lastname@example.org
7. Prices and payment methods
7.1. The price and payment methods, and the terms and conditions for payment, are reported on the Purchase Order. The Client undertakes to pay the Price based on the methods, and within the terms and conditions detailed in the Purchase Order.
7.2. The Client is barred, in any case whatsoever, from keeping any sums due to Jobrapido under the Agreement including for the purpose of setting off any amounts due by Jobrapido to the Client or by way of advance compensation of claimed damages. Any overdue payments shall be subject to interest on arrears, calculated in accordance to the base rate as per Article 7 of Legislative Decree No. 231/2002, as amended and supplemented.
8. Responsibility of Jobrapido
8.1. The Website is open and freely accessible by Users, without any intermediation or monitoring by Jobrapido, which therefore does not carry out any checks as to the data and information entered by Users when registering to the Website and/or in their CVs. Without prejudice to cases of wilful misconduct and gross negligence, Jobrapido assumes no responsibility for:
(a) the number of Users and Registered Users that visit the Website and/or visualise the Job Vacancies and/or the Advertising Messages and/or the Client’s website;
(b) the success of the initiative or recruiting and/or advertisement and promotional campaign embarked upon by the Client through the Job Vacancies and/or the Advertising Messages;
(c) the quality or truthfulness of the data and the information entered by the Users when registering to the Website and/or in their CVs and/or later communicated by the Users to the Client;
(d) the suitability of the Users’ and Registered Users’ profiles for the roles sought by the Client;
(e) the methods used by the Client for processing the Users’ and the Registered Users’ personal data.
8.2. Without prejudice to the restrictions and prohibitions laid down by mandatory provisions of law, Jobrapido shall under no circumstance be held liable to the Client for:
(a) any loss of profit, loss of data or contracts, loss of market share, loss of opportunity, loss of goodwill, increases of costs, damage to the Client’s reputation and any other indirect or special forms of damages;
(b) without prejudice to the provisions of point (a) above, Jobrapido shall not be held liable for any damaging event not being claimed by the Client against Jobrapido in writing within 30 days of the time when the Client has learned of the circumstances that may give rise to such liability. Such written communication must be sent via registered mail with proof of receipt to the registered offices of Jobrapido, sending an advance copy thereof via fax at (+39) 0272625400 or via e-mail to email@example.com (the date in which the fax or e-mail is received serving as proof).
8.3. Without prejudice to the above, and to the restrictions and prohibitions laid down by mandatory
provisions of law, Jobrapido shall in any case be held liable for the damages suffered by the Client exclusively
within the limits of the Price paid by the Client for the Services.
9. Service Level
9.1. Jobrapido is proud to have a highly accessible Website and is constantly engaged in improving the level of its Services. In case of a temporary or extended disruption to the Services, Jobrapido shall use its best efforts to minimise the duration of said disruption, without guaranteeing a specific time-frame to restore the full operation of the Services, or a minimum period to access the Website.
10. Duration, Termination and Withdrawal
10.1. The duration of the Agreement and consequently of the Service is set in the Purchase Order.
10.2. Jobrapido may terminate the Agreement in place with the Client, with immediate effect under Article 1456 of the Italian Civil Code, by sending a registered letter with proof of receipt to the registered offices of the Client, where:
(a) the Client is subjected to bankruptcy proceedings or enters into any arrangements with creditors, insofar as the termination is allowed under the applicable law;
(b) the Client breaches any of the obligations undertaken under Articles 3 and 7 of these General Conditions. 10.3. Without prejudice to the provisions of Article 10.2, Jobrapido may terminate the Agreement under Article 1456 of the Italian Civil Code where the Client does not remedy its breach of any of the obligations undertaken by the Client within 15 days after Jobrapido has sent a formal notice requesting the Client to remedy said breach, via registered letter with proof of receipt, with a copy thereof sent in advance via e-mail or fax (the date in which the e-mail or fax is sent serving as proof).
10.4. The Client is expressly barred from withdrawing from the Agreement. Where the Client should eliminate any of the Job Vacancies and/or Advertising Messages published on the Website and/or does not use the Services and/or waives its right to use the Services, the Client shall not be entitled to receive any reimbursement from Jobrapido for any of the Services not being used.
11. Modifications and Invalidity
11.1. Any modification of the General Conditions and/or the Purchase Order shall be valid and enforceable exclusively when agreed upon by Jobrapido and the Client in writing.
11.2. Should any of the provisions of these General Conditions and/or the Purchase Order be declared to be null and/or invalid, either in full or in part, the validity of the remaining provisions shall not be affected, and the provision being deemed null and/or invalid shall be interpreted, as far as is possible, in accordance with the original intention of the Parties and in any case the Parties shall use their best efforts in good faith to replace such provision with one not being null and/or invalid.
12.1. In case of discrepancies or inconsistencies between the provisions contained in the Purchase Order and those contained in these General Conditions, the conditions of the Purchase Order shall prevail.
12.2. The Client may not assign the Agreement and/or the Services to any third parties, in whole or in part, without the prior written consent of Jobrapido.
13. Applicable Law and Jurisdiction and Venue
13.1. These General Conditions and the Purchase Order are governed by the Laws of Italy and any dispute arising out of and/or in connection to the performance and/or the interpretation of the General Conditions and/or the Purchase Order shall be subject to the exclusive jurisdiction of the Court of Milan.