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Terms & Conditions

Version 1.1 / Last modifications: April 25, 2023

This website https://protalents.tech/ (thereafter called the 'site') is published and operated by ProActys GmbH,a Swiss company headquartered at Firststrasse 1, 8835 Feusisberg. 

Email address: info@proactys.swiss

Phone: +41 44 687 76 39

  1. Definitions
    1. GTCs: The present General Terms and Conditions, as appropriate in the version as amended by ProActys GmbH.
    2. Candidate: All natural person Users seeking to sign an Employment Contract with an Employer through the Platform.
    3. Customer, Client, Company or Employer: All legal person Users seeking to recruit a Candidate through the Platform.
    4. The Agreement or Contractual Documentation: The use agreement signed between us and you when you accept these GTCs.
    5. The Employment Contract: The contract signed for a fixed or indeterminate duration between an Employer and Candidate under which said Candidate provides services to the Employment in return for a salary or wage. The notion of Employment Contract under the present terms and conditions includes in particular work relationships within the meaning of Articles 321 et seq in the Swiss Code of Obligations (CO ; RS 210) as well as other types of service agreements such as agency or freelance agreements arranged through the Platform.')
    6. The Platform: The secure Website pages, accessible only to registered Users, enabling communication between Companies and Candidates.
    7. The Services: The services offered by ProActys GmbH as described in Clauses 2.1 and 2.2.
    8. The Website: The Website which can be found at www.ProActys.swiss  and any other domains linking to said address.
    9. Talent Advisor: The natural person dedicated to a Candidate admitted to the Platform to help, advise and support him or her during the recruitment process with an Employer.
    10. ProActys GmbH or us: ProActys GmbH (CHE-348.700.913) based in Firststrasse 1, 8835 Feusisberg, Switzerland. ProActys GmbH is authorized to practice private placement activities from a federal law point of view.
    11. User or you or Candidate: Any person using the Platform or any other format facilitated by ProActys GmbH.
  2. The services
    1. ProActys GmbH acts as a private employment agent.
    2. ProActys GmbH enables in particular automatic communication between Companies and Candidates through its platform.
    3. Only registered users can offer or seek employment through the Platform.
    4. The GTCs apply to all the Services ProActys GmbH offers. Special provisions may apply to certain services offered by ProActys GmbH and are the object of special agreements.
  3. The agreement
    1. The present General Terms and Conditions.
    2. Our Privacy Policy.
    3. Our Cookies Policy.
    4. The particular provisions applicable to certain services offered by ProActys GmbH, in particular.
      1. The terms and conditions of use of the Services by Candidates
      2. The terms and conditions of use of the Services by Employers (said terms and conditions being applicable and only accessible to Employers); and
      3. the terms and conditions applicable to the reward programme.

      if said Services are used.

    5. The General Terms and Conditions, the Privacy Policy, the Cookies Policy and the particular provisions applicable to certain services offered by ProActys GmbH are an integral part of the Agreement with ProActys GmbH.
  4. Use of the platform - in general
    1. In principle, the Website is accessible to all Users whether or not  registered.
    2. Please be advised that access to certain Services on the Platform, including access to the Platform itself, is only available to registered users (as per Clause 2.3). Any data that you provide to us during the registration and use of our Services is handled in accordance with our Privacy Policy.
    3. To register on the Platform and use the Services provided by ProActys GmbH for registered members, you must be either at least 16 years of age and of sound mind or a legal entity. Further details on the terms and conditions of registration can be found in our Privacy Policy.
    4. As a user of the Platform, it is your responsibility to ensure that all information provided during the registration process is accurate and complete. If any changes are made to this information while using the Platform, it is your responsibility to promptly update it. It is important to note that according to our Privacy Policy, you have the right to correct any personal information or data that is found to be inaccurate at any time.
    5. Please note that the creation and maintenance of a profile on the Platform, as well as participation on the Platform, is not an entitlement. The Company reserves the right to refuse or exclude any user from the Platform, without providing a reason for such refusal or exclusion.
    6. The Platform requires the use of cookies. Cookies are managed according to our Cookies Policy.
  5. Use of the platform - unlawful, inaccurate, or inappropriate content
    1. Please be aware that ProActys GmbH does not monitor and is not obligated to monitor the content posted on the Platform. As such, users are solely responsible for any content that they post on the Platform and will be held liable for any such content.
    2. Users are strictly prohibited from posting any unlawful content on the Platform, including but not limited to racist or pornographic content, violent scenes, defamatory statements, and content that infringes upon the rights of third parties. ProActys GmbH reserves the right to remove any content on the Platform that it deems unlawful or infringing upon its rights or the rights of third parties. Furthermore, ProActys GmbH reserves the right to temporarily or permanently exclude any user who posts such content on the Platform, without prior notice.
    3. Users also undertake not to post inaccurate, misleading, obscene, disparaging, shocking, or otherwise inappropriate content on the Platform. ProActys GmbH also reserves the right to erase without notice any content that it reasonably deems to fall into one of these categories. The User who has posted such content may be temporarily or definitively excluded from the Platform, without notice.
    4. The Website offers a complaint form for both users and third parties to report any unlawful content to ProActys GmbH. In the event that the complaint form is not available, users may use the general contact form to report such content to ProActys GmbH or send an email to info@proactys.swiss
  6. Guarantee
    1. While ProActys GmbH makes all reasonable efforts to ensure that the information on the Platform (and on the social media it hosts) is accurate, it cannot be held liable for the accuracy of such information under any circumstances.
    2. Platform content does not constitute advice, recommendations, guarantees or authorisations from ProActys GmbH. It is not intended to be the basis for decision making and/or any type of use. Any User who makes a decision on the basis of, or who in any other way uses, Platform content does so at his or her own risk. ProActys GmbH expressly excludes all guarantees, including in particular all guarantees of fitness for a particular purpose and non-infringement of rights.
  7. Liability
    1. In general. Subject to the exceptions provided by law, ProActys GmbH’s liability is excluded for all its Services and all content posted by ProActys GmbH or its Users on the Platform.
    2. Please be aware that ProActys GmbH has no obligation to verify the content and links posted on the Platform by users, and as such, it cannot be held liable for any content or links found on the Platform or for any consequences arising from the recording of inaccurate or incorrect data. ProActys GmbH explicitly excludes any liability for the lawfulness, accuracy, truthfulness, quality, timeliness, comprehensiveness, and/or reliability of the content posted on the Platform or the content of external websites that may be linked to from the Platform. Users are solely responsible for the content they post on the Platform and any links they share, and they will be held liable for any consequences arising from such content or links.
    3. Technical problems. ProActys GmbH accepts no liability for any temporary unavailability and/or malfunctions of the Platform, whatever the reason.
  8. Compensation
    1. Each user of the Platform agrees to indemnify and hold harmless ProActys GmbH, its subsidiaries, employees, managers, directors, consultants, representatives, successors, or buyers (for the purpose of the present clause only "ProActys GmbH Affiliates") for any damages that may arise from claims brought by third parties, including other users, in connection with the acts or omissions of the user on the Platform. This includes, but is not limited to, claims arising from the infringement of third party intellectual property rights. The user's indemnification obligations shall include all legal, litigation, procedural, appraisal, negotiation, and counsel costs and any other costs or expenses incurred by ProActys GmbH and ProActys GmbH Affiliates in connection with such claims.
    2. In the event that a claim is brought against ProActys GmbH or ProActys GmbH Affiliates by a third party, ProActys GmbH will promptly notify the affected user in writing. The affected user agrees to assist ProActys GmbH or ProActys GmbH Affiliates in any proceedings, including legal proceedings, brought by the third party. The affected user also agrees to provide ProActys GmbH or ProActys GmbH Affiliates with any information or assistance necessary for the defence of such claims or
    3. ProActys GmbH Affiliates with all the information necessary for ProActys GmbH or ProActys GmbH Affiliates’ defence, (iii) exclusively authorize ProActys GmbH or ProActys GmbH Affiliates to lead the defence and/or appoint the representative of their choice to do so, and (iv) grants ProActys GmbH and ProActys GmbH Affiliates and as appropriate their representative, the exclusive power to reach an agreement (negotiate) after prior consultation with the User concerned.
  9. Intellectual property
    1. Please note that the Website and the Platform, including their interfaces and codes, are the exclusive property of ProActys GmbH. Users are strictly prohibited from reproducing or otherwise using the Website and the Platform, except in the normal course of using the Platform.
    2. ProActys GmbH authorizes users to reproduce and distribute the content created by ProActys GmbH on the Platform (e.g., editorial content), provided that the users expressly indicate the Platform as the source of the content in question.
    3. By posting content on the Platform, the user guarantees that they have all the necessary rights to do so and make the content public. To the extent that certain content may enjoy legal protection, such as copyright or other intellectual property rights, the user grants ProActys GmbH an unlimited right to reproduce and distribute the content as necessary to operate the Platform. Additionally, the user authorizes other users to make the content public as contemplated in Clause 9.2.
    4. The user authorizes ProActys GmbH to use, free of charge and without limitation, any logos, images, company names, brands, or other information posted by the user on the Platform to promote ProActys GmbH's services on the Website, the Platform, or any other format (especially social media) facilitated by ProActys GmbH
  10. Miscellaneous
    1. To ensure clarity,  ProActys GmbH may provide information on all or part of the contractual documentation through inserts or a pictogram system. Please note that the purpose of these inserts and/or pictograms is purely indicative, and only the contractual documentation itself should be considered valid.
    2. Interruption of the Website, Platform, and all or part of the Services. Please be aware that ProActys GmbH reserves the right to temporarily or permanently suspend the operation of all or part of the Website and/or the Platform, as well as the provision of certain services or parts thereof, without prior notice.
    3. Force majeure. Non-execution nor late execution of its obligations by one of the parties shall not constitute breach by the party in question of its contractual obligations to the extent where the delay or non-execution are due to a situation of force majeure (e.g. natural disasters, war, riots, civil unrest, fire, epidemic, pandemic) or other circumstances outside the reasonable control of said party such as technical problems that cannot be attributed to ProActys GmbH. Computer virus and attacks by hackers against IT systems are considered force majeure, provided reasonable security measures have been adopted.
    4. Transfer. The rights and/or obligations of the User under the Agreement cannot be transferred to another person. User expressly authorizes ProActys GmbH to assign its rights and to subcontract any of its obligations arising from the contractual documentation.
    5. Severability Should a provision in the contractual documents or part thereof become invalid or inapplicable, the validity and applicability of the remaining provisions or the remaining part of the provision shall not be affected or compromised. User agrees, as appropriate, to replace the provision or the invalid or inapplicable part with a valid or applicable provision that is as close as possible to the original provision and which, as far as possible, achieves the same financial and legal result.
    6. Entire agreement. The contractual documentation, as described in Clause 3.1, contains the entire agreement between you and ProActys GmbH as regards the object of the present GTCs and replaces all agreements or understandings regarding the object of the present GTCs that you and ProActys GmbH may have signed before the present GTCs came into force.
    7. No waiver by ProActys GmbH from the requirement that you comply with a provision in the contractual documentation (Clause 3.1) shall be considered a waiver that can be cited or invoked in any previous or subsequent infringement of the Agreement even if the infringement is of a similar nature.
    8. Languages The contractual documentation has been drafted in French, English, and German. If the versions differ, the French version shall prevail.
  11. Governing law/venue
    1. The Agreement and all the contractual documentation are subject to Swiss law except for its conflict of laws rules.
    2. Any dispute flowing from or in relation to the present General Terms and Conditions or any other document in the contractual documentation will be submitted to the exclusive competence of the courts in District Höfe, Canton of Schwyz, Switzerland.
  12. Validity/ Duration/ Amendments to GTCs
    1. The Agreement comes into force for a given User when the User accepts the GTCs, it being specified that all use of the Website and/or the Platform constitutes tacit acceptance. The Agreement shall remain valid for as long as the User uses the Website and/or the Platform.
    2. ProActys GmbH reserves the right to amend the GTCs at any time. ProActys GmbH will publish the amended version on the Website and the Platform and shall notify Users of the new GTCs by email, a pop-up window, or by another method of his choice. Should the User disagree with the amendments, he may terminate the Agreement by stopping all use of the Platform with immediate effect. If the User continues to use the Website or the Platform, the most recent version of the GTCs will be deemed to have been accepted by User.

PRIVACY POLICY

 
  1. Purpose
    1. The purpose of the present Privacy Policy is to inform Users of the nature of the personal data collected and processed by ProActys GmbH and of the reason for this processing and Users’ rights over the personal data collected.
    2. The present Privacy Policy applies in addition to the General Terms and Conditions and the other documents included in the Contractual Documentation. If there is any conflict between the General Terms and Conditions and the present Terms and Conditions, these Terms and Conditions shall prevail.
    3. Users who disagree with the present Privacy Policy are invited not to use the Website or the Platform and not provide their personal data.
    4. A table summarising the data processed is attached to the present Privacy Policy.
  2. Data collected
    1. Information collected automatically. When consulting the Website or using the Platform, certain data on the User are collected automatically (IP address, location, pages consulted, data and time of the consultation, cookies or similar technologies, browser preference, operating system, access data, etc.). In addition to the data collected directly by ProActys GmbH, certain data may be collected by other service providers such as Google Analytics, Hubspot or Hotjar. Only the Privacy Policies of said service providers are applicable when they collect the data and ProActys GmbH cannot be held liable for their processing. To learn more about the use of cookies, please see our Cookie Policy.
    2. Information provided freely by Users. Users may be asked to provide their personal data in order to use the Services offered by ProActys GmbH. Data required to use the services are in particular:
      1. For all Users: email address, surname, name, or company name, date of birth, sex, location.
      2. For Employers: surname, first name, position, telephone number, email address, password, name of the company, postal address of the headquarters, size of the workforce, industry, number of recruitments per year, job title, specialisation, technology, site, budget, occupancy rate, job description, experience required, etc.
      3. For Candidates: surname, first name, position, telephone number, Skype, email address, password, postal address, CV, employment certificates, qualifications, documents uploaded to the Platform, career and previous companies, number of years’ experience in different specialities and technologies, preferred industries, willingness to manage a team, preferred company size, etc.
    3. These data are obligatory and if they are missing it may not be possible to provide the Services. In addition to the data required to access the Services, optional data may be provided voluntarily by Users, such as a photograph, areas of interest, hobbies, biography, participation in activities, stored payment methods, etc. The data required to use the Services (obligatory) are indicated on the forms by an asterisk or not being able to validate the form without completing the appropriate field.
  3. Information provided by third parties.
    1. Information on minors. No data on minors under the age of 16 are collected. Any data collected involuntarily will be destroyed as soon as possible.
    2. Use-related information. Certain data are collected when you use ProActys GmbH Services. They include in particular: Find out more.
  4. Use of data collected
    1. Data collected automatically. Data collected automatically enable ProActys GmbH to analyse the behaviour of Users on the Website and Platform, traffic and preferences, especially for the purpose of optimising and improving the quality of its Services.
    2. Data provided by Users or third parties and data collected during use of the Services ProActys GmbH processes and exploits the required data to fulfil its contractual and legal obligations and verify compliance with the terms and conditions of use. Processing these data also enables the provision of personalised content to better meet User expectations.
  5. Data communication and transmission
    1. User’s personal data are not transmitted to third parties with the intention of using them for direct marketing purposes without authorisation from the User.
    2. User’s personal data may be transmitted or communicated to third parties in the following cases: (i) in order to execute the obligations flowing from enabling communication between Candidate and Employer (as specified in the terms and conditions applicable to certain services offered by ProActys GmbH. The data gathered in the context of use of the Platform may also be used for the purposes of promoting profiles, posts or similar or identical articles likely to interest the User; (ii) in order to execute the obligations flowing from the Terms and Conditions applicable to the sponsorship programme, in particular to provide the Facilitator with a Detailed account (as mentioned in the Terms and Conditions applicable to the sponsorship programme); (iii) in the context of providing Services on behalf of ProActys GmbH; (v) when User consents; (vi) during promotions or common programmes with partners; (vii) as required by law or when a communication is reasonably necessary to execute a legal decision or to respond to a legal claim; (viii) in the event of merger or acquisition of the company or parts of the company by another company.
    3. Please note that the processing of data by third parties to which ProActys GmbH may have to communicate the data is exclusively governed by the privacy policy of said third parties. ProActys GmbH cannot be held liable for their use.
    4. ProActys GmbH reserves the right to anonymize certain data for the purposes of transfer to third parties for research, statistical or marketing purposes, in particular in relation to Articles 7. 2 LSE and 17.3 OSE
  6. User Rights
    1. Right to access and right to data portability Users may at any time ask for their personal data stored by ProActys GmbH to be transmitted to them, in a structured, commonly used, machine readable format. Users may also ask ProActys GmbH to transmit said personal data directly to another data controller which ProActys GmbH shall do within a reasonable time and to the extent that is technically possible.
    2. Right to rectification Users whose data are inaccurate or incomplete are entitled to have them rectified.
    3. Right to cancel and object Users may at any time object to the collection or processing of certain data concerning them (opt-out). This objection may involve ceasing to use the Website or the Platform.
    4. Right to erasure Users are entitled to request the erasure of their personal data when their use is no longer necessary or if they no longer agree to the processing of their data. These data will be erased as soon as possible, unless the law provides otherwise.
    5. Exercise of rights To exercise the above rights, Users may send their request at any time to the following address: info@ProActys GmbH.com.
  7. Security
    1. ProActys GmbH takes the protection of its Users’ data very seriously and undertakes to process their personal data confidentially and with the greatest care. ProActys GmbH takes appropriate security measures to prevent unauthorised access, dissemination, modification or destruction of the data collected pursuant to the Federal law on data protection (LPD) and the related order (OLPD). However, although certain personal data are encrypted, ProActys GmbH cannot guarantee comprehensive, integral protection of the data against unauthorised processing due to the risks related to the use of the internet and electronic communication.
  8. Data Protection
    1. The data collected by ProActys GmbH are kept as long as required for the purpose for which they are collected, subject to legal provisions contemplating longer periods for conserving data. After said period, personal data will be erased.
  9. Amendments
    1. ProActys GmbH reserves the right to amend its Privacy Policy at any time. Changes will be published on the Website and Platform and will come into force on the date they are put on line.
    2. The Privacy Policy currently on line applies. By continuing to browse on this Website or Platform, User accepts the current Privacy Policy.