Terms & regulations

 TERMS & CONDITIONS OF THE RECRUITMENT PLATFORM

Table of Contents

1. Introduction
2. Definitions
3. General provisions
4. Registration
5. Conclusion of service contract
6. Recruitment process
7. Employment process
8. Complaints
9. Termination of service contract
10. Deletion of account in the platform
11. Responsibility
12. Personal data protection
13. Final provisions 
    
    

1. Introduction

Due to the specific nature of their business activities, companies operating under the otto brand  are constantly looking for new job candidates. Therefore, in order to ensure continuous recruitment, they have created this recruitment platform through which they will make employment offers to their users and, in case of successful recruitment, hire them.

Detailed information about the terms and conditions of using the recruitment platform, the rules of conducting the recruitment process and the hiring process within the platform, the rights, obligations and responsibilities of the service provider and the users are regulated in these terms and conditions and in the privacy policy.

Each user is obliged to become familiar with the platform's terms and conditions and to comply with their provisions as soon as they start using the platform.

2. Definitions:

2.1. "service provider" - companies operating under the otto brand, whose details can be found at www.ottoworkforce.eu under "company details". 

2.2. "user"- an adult natural person who uses the platform to participate in the recruitment process.

2.3. "platform" or "recruitment platform” - the platform used to conduct the recruitment and hiring process available at:

• Www.ottoworkforce.pl 
• Www.ottoworkforce.de 
• Www.ottoworkforce.ro 
• Www.ottoworkforce.bg 
• Www.ottoworkforce.nl 
• Www.ottoworkforce.cz 
• Www.ottoworkforce.sk 
• Www.ottoworkforce.hr 
• Www.ottoworkforce.eu 
• Www.ottoworkforce.md 
• Www.ottoworkforce.hu
• Www.ottoworkforce.ua 

2.4. "recruitment process" - recruitment is conducted by the service provider via the platform (after the user has registered on the platform) and consists of two stages: (stage 1) - account creation; (stage 2) recruitment interview, where passing the next stage is contingent upon correct completion of the previous stage.

2.5. "hiring process" - upon successful completion of the recruitment process, the service provider unlocks the user's full access to the platform in order for the user to undergo adaptation training and then, upon successful completion, provide the data necessary to prepare the agreement.

2.6. "contract" - the contract to be entered into between the user and one of the service providers upon successful completion of the recruitment process.

2.7. "login" - the electronic mail address (e-mail) of the user indicated during registration to the platform, constituting the individual and unique name of the user enabling subsequent identification of the user during use of the platform.

2.8. "password" - an individual and unique sequence of numbers and letters, indicated by the user during registration to the platform, serving for their identification and enabling them to log in to the platform.

2.9. "registration" - the procedure of gaining access to the platform by completing the registration form.

2.10. "user account" - the space on the platform available to a registered user, created by the user in the registration process, necessary to pass the recruitment process and the hiring process.

2.11. “partners" - mean the entities operating under the otto brand and all companies and other subsidiaries of the administrators and entities with capital or personal ties to the administrators, as well as subsidiaries with capital or personal ties to the other companies operating under the otto brand; this term also includes future entities yet to be formed or acquired or spun off, or which will enter into capital or personal ties to the administrator. 

2.12. "terms and conditions" - means these terms and conditions of the recruitment platform.

2.13. "privacy policy" - means the privacy and cookies usage policy of the recruitment platform which is presented to you when creating an account on the recruitment platform. Afterwards the privacy policy is available at the “your profile” page on your account in the recruitment platform.

2.14. "works" - works within the meaning of the copyright and related rights act that will be published or made available on the platform.

2.15. "service contract" - contract concluded between the service provider and the user, with the content resulting from the provisions of these terms and conditions, including, in particular, the service provider's provision of the platform's functionality to the user.

3. General provisions

3.1. The user is obliged to read the terms and conditions and the privacy policy applicable to the platform in detail.

3.2. The platform is operated by the service provider, with whom the user may contact using the contact tools provided on the platform or via email, i.e. By sending an email  to the email address: info@ottoworkforce.eu

3.3. To use the platform, the user needs:

• electronic equipment;
• internet connection;
• a web browser.

3.4. Access and use of the platform is possible through the use of web commonly used web browsers such as, but not exclusively, firefox, chrome, edge, mozilla, safari.
Before using the platform, the user should check whether their computer equipment meets the technical requirements specified in these terms and conditions.

3.5. The service provider endeavours to make the use of the platform possible for the user with all popular web browsers, operating systems, computer types and internet connection types. However, service provider does not warrant and is not responsible for the fact that any combination of these factors enables the use of the platform or its individual elements.

3.6. Access to the platform is free of charge.

3.7. The costs associated with meeting the technical requirements necessary to use the platform, referred to in section 3.3. Of these terms and conditions shall be borne by the user.

3.8. The service provider is not responsible for malfunctions of the platform resulting from the user's failure to meet the technical requirements specified in the terms and conditions.

3.9. The use of the platform may involve typical risks associated with the use of the internet, so the service provider recommends that users take appropriate steps to minimise these risks. In particular, it is recommended that users use antivirus programs recommended for a given type of software.

3.10. The user is prohibited from using the platform in a manner that violates the law, morality or the legitimate interests of provider, partners, other users or third parties.

3.11. Each user may have only one account within the platform.

3.12. The provider does not consent to the user's transferring rights related to the use of the platform to third parties.

3.13. The service provider does not agree that the user may make the account available within the platform to third parties.

3.14. The user is obliged to comply with generally applicable laws and to respect personal goods and intellectual property rights of service provider, employees and collaborators of service provider, partners, other users and third parties. The user may not post material or content on the platform that will violate the law, the personal or material rights of the aforementioned persons or the rights to intangible property of the aforementioned persons.

3.15. The user is obliged to use the platform for its intended purpose and to refrain from any activity that could interfere with the proper functioning of the platform. Specifically, such an activity would be constituted by:

• Posting or distributing content that contains any viruses, malware, worms, trojan horses, harmful code, or other means that may damage the platform;
• Automated use of the platform, which may lead, for example, to an excessive load on the platform;
• Attempt to access elements of the platform that are not publicly accessible;
• Preventing or impeding the use of the platform by provider, partners or other users;
• Posting content which was not expressly permitted by the service provider, in particular advertisements and promotional materials of users or other entities.

3.16. The service provider takes ongoing measures to ensure the proper functioning of the platform. In the event of discovering errors in its functioning or technical problems in the use of the platform, the user may inform the service provider about this fact using the contact tools provided in the platform or the e-mail address: info@ottoworkforce.eu  the service provider will take steps to restore the proper functioning of the platform.

3.17. The service provider reserves the right to temporarily disable access to the platform in order to check, maintain, update or repair it. The service provider will inform about the termination of access to the platform through an appropriate message in the platform, unless for technical reasons it is not possible to add such information. Users will not be entitled to any compensation claims related to the fact that the platform will be temporarily unavailable.

3.18. Service provider reserves the right to remove and edit content posted by users that violates the terms and conditions. In case of objections to the removal or editing of content, the user may contact the service provider using the contact tools provided on the platform or the e-mail address: info@ottoworkforce.eu

3.19. The service provider reserves the right to share commercial information about service provider's or partners' activities via the platform.

3.20. The user is not allowed to send unsolicited or threatening messages to other users, the service provider, partners, its employees or associates. To report spam or fake news, please contact the service provider using the contact tools provided in the platform or the e-mail address: info@ottoworkforce.eu

3.21. Copyright to the layout of the platform, logos, graphics and content posted on the platform or messages sent to users by provider, or entities acting on its behalf or with its consent, as well as the layout and composition of these elements belong to the service provider or partners.

3.22. The user is not authorised to copy, distribute, reproduce, translate, adapt or modify any of the works or parts thereof, placed on the platform by the service provider or persons acting on its behalf or with its consent, as well as placed in messages addressed to the user.

3.23. The user bears all responsibility for any infringement of proprietary copyrights of the service provider, partners or other entities referred to in the act on copyright and related rights.

3.24. The user shall keep any information provided to them by the service provider as part of the platform confidential, except for information that:

• Have been made available to the public by service provider or a person acting with service provider's explicit consent,
• Have been made available with the prior explicit written or electronic consent of the service provider.

4. Registration

4.1. In order to start using the platform, it is necessary for the user to register with the platform, consisting of the creation of an individual user account.

4.2. To perform the registration referred to in section 4.1. Of the terms and conditions, it is necessary for the user to provide (at least) the following data:

• Email address
• First name
• Last name
• Telephone number
• Country of residence
• If you have worked for otto before

And submit the required statements in the form of acceptance of the terms and conditions and privacy policy. 

4.3. Acceptance of the terms and conditions and privacy policy is necessary for registration, creation of a user account and the user's use of the platform's functionality. 

4.4    By creating a user account in accordance with these terms and conditions, the user:

• Declares that the data provided by him/her are true, accurate and complete,
• Declares that he/she has been informed and acknowledges and is aware that his/her personal data provided within the user account is processed for the purposes of providing the services offered by the platform, including sending notifications to the user's email address related to the user's activity and the status of the recruitment process throughout the period of maintaining an active user account on the platform.
• States that he/she consents to the use of telecommunications terminal equipment, including telephone number, for the purpose of recruitment. 

4.5. Registration on the platform also requires the user to establish a password, which must consist of at least 8 characters, including at least 1 number, 1 capital letter, 1 non-standard character.

4.6. When the user creates an account or submits an application, they will receive an email an at the e-mail address provided during registration in order to confirm the application and/or creation of their account on the platform.

4.7. The user is obliged not to disclose the password to their platform account to third parties and is solely responsible for any damage caused as a result of such disclosure.

4.8. The service provider may refuse to register a user on the platform if their name is already used within the platform, or if the service provider receives reasonable information that the name is contrary to the law, morality, violates the personal interests of third parties or the legitimate interests of the service provider. Service provider may also refuse to register if it has reasonable information that the data or statements made by the user during the registration are not true.

4.9 using the platform, the user can:

• search for a suitable job offer,
• apply for a job offer,
• activate notifications according to the user's preferences,
• upload documents concerning the user, i.e. Cv, etc.,
• receive support during the recruitment process,
• receive support during the employment process. 

At any time, by changing settings of the user account, it is possible to update the user's information, such as personal data, location, availability and preferences, notifications.

5. Conclusion of service contract 

5.1. The service provider provides the following free services to the user via the platform: 

• enables the user to create a user account; 
• enables the user to view content provided by the service provider on the platform.

5.2. The service provider, through the platform, provides, for the benefit of the user who has a user account, the following services:

• maintaining the user's session after the user logs into the user account (through a browser, using technology that stores information on the user's electronic devices, such as cookies);
• enabling, using the functionality of the platform 
  and on the terms and conditions specified in these terms and conditions, the provision of the user's data specified by the user as part of the ongoing recruitment processes and thus to participate in the ongoing recruitment processes.

5.3. As part of the platform, the service provider undertakes to provide the services referred to in sections 1-2 above free of charge, to the extent and under the terms and conditions specified in these terms and conditions. 

5.4. The service contract is concluded upon the creation of a user account by the user. 

5.5. The service contract is concluded within the platform for a period of 24 months, with the possibility of renewal for subsequent periods. 

5.6. When using the platform, the user is obliged: 

• to provide within the user account only true, current and all data of the user necessary for the performance of the service contract; 
• to update the data, including personal data, provided by the user to the service provider, in particular to the extent that it is necessary for the proper execution of the service contract; this obligation applies in particular to update the user's data;
• to use the services offered by the service provider in a manner consistent with the provisions of applicable law, the provisions of the terms and conditions and the service contract concluded by that user within the platform, as well as with the customs and rules of social coexistence accepted in a given scope, including in a manner that is not burdensome to other users and the service provider and does not interfere with the activities of the service provider, users or the platform; 
• not to provide or transmit within the platform any content prohibited by the provisions of the applicable law, in particular content that violates the property copyrights of third parties or their personal rights; 
• not to take actions such as:
  • sending or posting unsolicited commercial information on the platform or posting any content that violates the law (prohibition of posting illegal content); 
  • undertaking it activities or any other activities aimed at coming into possession of information not intended for the user, including data of other users; 
  • unauthorized modification of content provided by the service provider or other users, including unauthorized modification of user accounts provided by other users; 
  • abusing the rights granted to the user by the service provider or the provisions of law, including the use of such rights in a manner contrary to the social and economic purpose of the right in question or the principles of social intercourse. 

5.7. The service provider reserves the right to remove a user account from the platform or block access to any content that violates the provisions of these terms and conditions, as well as in the event of receiving credible information about the unlawful nature of the content available within the platform. 

6. Recruitment process

6.1. Stage i – user account creation;

6.2. Stage ii – recruitment interview;

Once the user account has been created, during the term of the contract, the service provider may contact the user via the platform or by telephone (at the number provided by the user when creating the account), in order to learn about the user's competencies, qualifications, interests, capabilities and expectations and/or to discuss employment opportunities. The service provider may also approach a user who has successfully passed the recruitment tests with an offer of employment in a location other than the one selected by the user, with priority of employment in the location being given to those who have specified their location at the stage of creating an account on the platform.

7. Employment process

Upon successful completion of the recruitment process and confirmation of the user's continued desire for employment with the service provider, the user will be directed to the employment process.

8. Complaints

8.1. The user wishing to make a complaint about the operation of the platform should contact the service provider using the tools available on the platform or by sending an e-mail to address: info@ottoworkforce.eu 

8.2. A properly filed complaint should include at least the following information:

• first and last name,
• the e-mail address provided on the platform,
• subject matter of the complaint,
• circumstances justifying the complaint.

8.3. Complaints not containing the foregoing data will not be considered by the service provider.

8.4. The service provider will respond to the complaint immediately, no later than within 14 calendar days from the date of submission.

8.5. The decision regarding the complaint shall be communicated to the user at the e-mail address provided by the user or using the tools available on the platform.

8.6. When submitting a complaint, the user is obliged to act in accordance with good manners and respect the personal rights of the service provider and other persons.

9. Termination of service contract 

9.1.the user may terminate the service contract with immediate effect at any time, without indicating reasons or incurring costs, by selecting the "withdraw consent/cancel account" option on the "data subject request" site of the platform.

9.2. The service provider may at any time terminate the service contract with the user without a period of notice, for valid reasons indicated in clause 4 of this section, as well as in the case of violation by the user of the provisions of the terms and conditions or taking actions by the user that are contrary to the law or harmful to the operation of the platform. The service provider sends its statement in this regard to the e-mail address provided by the user when creating the user account. In any case of termination of the service contract pursuant to this section, it shall be deemed to have occurred due to the fault of the user, and the user is not entitled to claims for damages and the user agrees not to assert such claims. 

9.3. Notwithstanding the foregoing, the service provider is entitled to terminate the service contract at any time upon 30 days' notice. In any case of termination by the service provider in accordance with this section, the user shall not be entitled to claims for damages and the user agrees not to assert such claims.

9.4. The service provider may restrict the user's right to use the platform, as well as may restrict the user's access to some or all of the content made available on the platform in the event of a violation of the terms and conditions, particularly if the user: has provided data or content that is misleading or violates the rights of third parties, particularly violating the general data protection regulation.

9.5. The service provider will delete the account after 24 months from the last log in.

10. Deletion of account on the platform

10.1. User account will be deleted 24 months after last log in.

10.2. The user account will be deleted immediately upon the user's request when the user selects the "withdraw consent/cancel account" option on the "data subject request" site of the platform;

10.3. The user account will be deleted by the service provider if the user violates the terms and conditions, in which case the service provider will charge the user for any damages resulting from the user's actions or omissions.

10.4. Before exercising the right referred to in section 8.3 of the terms and conditions, the service provider may call on the user to cease any activity that violates the terms and conditions or to remove the consequences of violations, setting a deadline of not less than 12 hours, under pain of exercising the right referred to in section 10.3.

10.5. The user may object to the deletion of the account by contacting the service provider using the tools available on the platform or by sending an email to info@ottoworkforce.eu with his/her name and email address provided on the platform.

10.6. After deletion of the account, the user's data will be kept for a period of 3 years for the purpose of asserting or defending claims.

11. Responsibility

11.1. Service provider is not responsible for:

• interruptions in the proper functioning of the platform caused by force majeure or other factors beyond the control of the service provider,
• The consequences of using user data and account by third parties, where they have gained access to user data or account as a result of user’s actions or omissions,
• Damages caused by violation of the terms and conditions by the user;
• Authenticity of materials posted by users and partners,
• Consequences of breach of the agreement by the user.

11.2. If the platform or messages addressed to users provide links to websites belonging to third parties (including partners), the service provider is not responsible for the content contained therein and its availability. The user should review the terms and conditions, as well as privacy policies provided on these websites.

11.3. The service provider is not responsible for content posted, stored or uploaded to the platform by users. In case when the user notices platform content that violates the terms and conditions, the user should immediately inform the service provider, and the service provider shall immediately take steps to determine whether the content actually violates the terms and conditions.

12. Personal data protection

12.1. Each user has the right to have their privacy protected by the service provider.

12.2. Principles concerning processing of users' personal data by the service provider are set out in the privacy policy.

12.3. In the event of access to personal data, the user is obliged not to copy, share, modify or disseminate them, unless they obtain an express legal basis for this.

12.4. In the case of gaining access to personal data, the user is obliged to prevent situations which could lead to disclosure of personal data to unauthorised entities and to immediately inform the service provider about it.

13. Final provisions

13.1. The terms and conditions, as currently amended, shall become effective on 01-06-2022.

13.2. The service provider reserves the right to change the terms and conditions for important reasons, in particular if the following circumstances occur:

• A change in the provisions of generally applicable law,
• Obligation arising from a final court judgment or a decision of an administrative authority,
• Changes to the platform due to security reasons,
• Introduction of changes to the functioning of the platform, including those related to technical progress, technological changes, organizational changes of the service provider or changes in the infrastructure used for the purposes of the platform.

13.3. The user will be informed about the contents of the changes to the terms and conditions by the service provider posting a relevant information on the platform or by sending an e-mail to the e-mail address provided by the user during the registration process.

13.4. Continued use of the platform after the lapse of 7 days from the release of information about changes to the terms and conditions shall be treated as acceptance of the amended wording of the terms and conditions. If the user does not agree with the change made, a request for account deletion must be submitted in accordance with section 8.2(a) of the terms and conditions.

13.5. In the event of a planned closure of the platform, users will be informed with relevant information posted on the platform.

13.6. Any disputes arising in connection with using the platform shall be resolved by a competent common court of law.