GENERAL TERMS AND CONDITIONS OF THE SURIKADO PLATFORM
These General Terms and Conditions are issued by Anvil SW Ireland Limited, with its registered office at: 5th Floor Rear, Connaught House, 1 Burlington Road, D04 C5Y6 Dublin 4, Ireland, identification number: 780985, registered with the Irish Companies Registration Office, established in Ireland, for the purpose of regulating the rights and obligations with persons using the SURIKADO platform.
THESE GENERAL TERMS AND CONDITIONS ARE DIVIDED INTO CHAPTERS:
- GENERAL CONDITIONS FOR USERS
- CONDITIONS FOR EMPLOYERS
- CONDITIONS FOR RECRUITERS
- CONDITIONS FOR CANDIDATES
- LICENSES AND COPYRIGHT
- LIABILITY
- TRIAL VERSION
- DATA PROCESSING AGREEMENT
- FINAL PROVISIONS
CHAPTER A: GENERAL CONDITIONS FOR USERS
THE PROVISIONS OF THIS CHAPTER APPLY TO ALL USERS OF THE APPLICATION, REGARDLESS OF THEIR STATUS.
1. DEFINITIONS
1.1. The terms defined below, starting with a capital letter, used in these General Terms and Conditions shall have the following meaning:
- Platform – Is the SURIKADO platform used for providing the Service, accessible in a web browser version, and possibly a Mobile device version, if permitted by the Provider.
- Price List – Is a document containing the binding prices for Services offered by the Provider.
- GDPR – Means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
- Internet – Is an international public information data electronic communication network.
- Mobile Device – Is a mobile phone, tablet, or other device that meets the hardware and software requirements for installing and using the Platform.
- Order – Is a request for the delivery of Services that can be placed within the Platform.
- Remuneration – Is the remuneration due to the Provider for the provision of Services under the Agreement and the T&Cs.
- Personal Data – Means any personal data relating to an identified or identifiable living natural person who can be identified, directly or indirectly.
- Recruiter – A User who identifies themselves as a recruiter during the creation of a User Account.
- Recruiter’s Candidate – A designation used in relation to a Candidate whose data or CV has been uploaded to the Platform by a Recruiter, appearing to an Employer when using the Platform's features as a Candidate.
- Provider – Is Anvil SW Ireland Limited, with its registered office at: 5th Floor Rear, Connaught House, 1 Burlington Road, D04 C5Y6 Dublin 4, Ireland, identification number: 780985.
- Subscription – Is the duration for which the Service is ordered.
- Access – Access means the username (email address) and password, by entering which the User gains access to the User Account interface.
- Services – Are the services described on the Platform, in the Price List, and on the Website, or in other Provider materials.
- Surikado Candidate – A designation used in relation to a Candidate whose data or CV has been uploaded to the Platform by a Candidate.
- Technical Downtime – Is a pre-announced shutdown of the entire Platform or Service for the purpose of improvement, update, or other intervention by the Provider.
- Technical Support – Is the Provider's technical support available at the contacts published on the Website.
- Third Party – Is any person other than the Provider and the User.
- User – Is a natural or legal person using the Platform, regardless of whether they have concluded an Agreement with the Provider or created a User Account.
- User Account – Is the User's account created within the Application, accessible to the User within the Application.
- T&Cs – Means these General Terms and Conditions of the Platform.
- Website – Is the website https://surikado.sk/.
- Outage – Means an unplanned shutdown of the entire Platform or Service.
- Employer – A User who identifies themselves as an employer during the creation of a User Account.
- Candidate – A User who identifies themselves as a candidate during the creation of a User Account.
- Device – Is a personal computer, Mobile Device, or other device meeting the requirements for using the Platform.
- Law – Means all valid, generally binding legal regulations of the Slovak Republic.
- Agreement – Is the service agreement concluded between the User and the Provider based on the Order.
2. BINDING NATURE OF T&CS AND INTRODUCTORY PROVISIONS
2.1. These T&Cs apply to the Platform, Website, and Services and are binding on anyone who accesses or uses the Platform, Website, and Services in any way.
2.2. By accessing the Platform, accessing the Website, or using the Service in any way, the User expresses their consent to these T&Cs.
2.3. If a person accesses the Platform as an employee or other representative, they agree to these T&Cs on behalf of themselves and their employer and warrant that they have the authority to bind their employer to these T&Cs.
2.4. Accessing the Platform through a representative does not relieve the User of the obligation to comply with these T&Cs.
2.5. The User can also express consent to these T&Cs explicitly by clicking the consent within the Platform or by creating an Order.
2.6. The provisions of these T&Cs governing the use of the Platform and Services are binding on all Users.
2.7. By agreeing to these T&Cs, the User declares that:
- 2.7.1. they have acquainted themselves with the wording of these T&Cs;
- 2.7.2. they are authorized to conclude a valid Agreement with the Provider;
- 2.7.3. they are fully capable of concluding agreements;
- 2.7.4. if acting as a representative, they are duly authorized to represent;
- 2.7.5. if a legal entity concludes the Agreement, the acting person is authorized;
- 2.7.6. if a natural person, they are at least 18 years old and have full legal capacity;
- 2.7.7. they are able to comply with all the terms of the T&Cs and the Agreement;
- 2.7.8. if acting as an Employer or Recruiter when placing an Order, they are an entrepreneur.
2.8. These T&Cs incorporate by reference all other terms and conditions published by the Provider, including the Personal Data Protection Conditions.
2.9. The T&Cs and the Personal Data Protection Conditions have the nature of business conditions; a special agreement shall take precedence.
3. ORDERING A SERVICE AND CONCLUDING AN AGREEMENT
3.1. The User may use the Services only by placing an Order and concluding an Agreement.
3.2. The Provider may make some Services available to a limited extent for free.
3.3. The Services are provided based on an Agreement concluded remotely via the Internet. The Agreement is concluded at the moment the Service is made available to the User.
3.4. To place an Order, the User must have a User Account created.
3.5. The ordered Service will be available to the User within the Platform.
3.6. The scope of Services may be changed by additional Orders.
3.7. Ordering Services can be done in any manner made available by the Provider.
4. PROVISION OF SERVICE
4.1. Based on the Agreement:
- 4.1.1. The Provider undertakes to provide the Services specified in the Order;
- 4.1.2. The User undertakes to pay the Remuneration in accordance with the Price List;
- 4.1.3. The User undertakes to fulfill all obligations arising from the T&Cs.
5. REMUNERATION
5.1. The Remuneration for the provision of Services is set by the Provider in the Price List.
5.2. Prices in the Price List are stated exclusive of VAT. VAT will be added to the price.
5.3. The Remuneration is payable within the deadlines specified in the T&Cs, Price List, or Provider's invoice.
5.4. Payment for Services can be made using the methods made available by the Provider in the Platform.
5.5. The Provider is not obliged to provide the Services until the User has paid.
5.6. The User is obliged to pay the Remuneration for each period of service provision.
5.7. The Provider is entitled to grant a discount on the Remuneration.
5.8. In case of late payment, the Provider is entitled to charge default interest at a rate of 0.05% of the amount due per day of delay.
5.9. The User is not entitled to unilaterally offset claims against the Provider.
5.10. The Provider is entitled to carry out unilateral set-offs of its claims.
5.11. The Remuneration is considered paid only when credited to the Provider's bank account.
5.12. The Provider may determine that certain Services will not be charged.
6. SCOPE OF SERVICE PROVISION
6.1. Through the Platform, the Provider provides Services that are tools intended for Users to process and evaluate data. The User is responsible for the legal authorizations to use the tools.
6.2. Upon conclusion of the Agreement, the Provider will enable the User to use the ordered Services.
6.3. A detailed description of the Services and their parameters is provided on the Platform and in the Price List.
6.4. Only Services selected in a submitted Order will be delivered to the User.
6.5. The scope of Services is determined primarily by:
- 6.5.1. The number of operations performed;
- 6.5.2. The duration of the Subscription;
- 6.5.3. Customization of the tool to the User's needs;
- 6.5.4. Other Platform functionalities.
6.6. The Provider may offer the Services in package form.
7. DURATION OF SERVICE PROVISION (SUBSCRIPTION)
7.1. The Service will be accessible to the User only for the duration of the Subscription.
7.2. The Subscription begins upon the conclusion of the Agreement.
7.3. The Subscription expires at the end of the subscription period. It may be extended by payment for a further period.
7.4. The Remuneration for the Subscription is payable in advance.
7.5. For recurring payments, each payment is due no later than the day before the start of the billing period.
7.6. In case of delay, the Provider may immediately restrict or terminate access to the Service.
7.7. The Subscription also applies to free Services.
8. SERVICES BASED ON THE NUMBER OF OPERATIONS
8.1. If the scope of a Service is determined by the number of operations, the Provider is entitled to request advance payment of the Remuneration.
8.2. Upon completion of the requested operations, the Service will be provided regardless of the outcome.
9. CONDITIONS FOR SERVICE PROVISION
9.1. The Provider is entitled to refuse to conclude an Agreement, suspend or terminate the provision of Services, cancel a User Account, or restrict access to the Platform if:
- 9.1.1. The User is not an entrepreneur;
- 9.1.2. There are doubts about the User's identity;
- 9.1.3. The User is a direct competitor;
- 9.1.4. The Agreement with the User was previously terminated due to a breach of the T&Cs;
- 9.1.5. Concluding the Agreement would be contrary to the law;
- 9.1.6. The User is a company in crisis, liquidation, or bankruptcy.
9.2. The Provider is obliged to provide the Service only if the following conditions are met: a valid Agreement, timely payment, no technical obstacles.
9.3. Uploaded documents will only be processed if they meet the readability criteria set by the Provider.
10. RESTRICTION OF SERVICE PROVISION
10.1. The Provider is entitled to interrupt or restrict the provision of the Service in cases of: extraordinary circumstances, decisions by a public authority, serious technical reasons, maintenance, and repair.
10.2. The Provider may also interrupt the Service in cases of: payment delays, breach of T&Cs, termination of the Agreement.
10.3. Restriction does not entitle the User to compensation for damages.
10.4. The Provider is not obliged to announce planned downtime.
11. DURATION AND TERMINATION OF THE AGREEMENT
11.1. The Agreement is concluded for the duration of the Subscription, for the period until the operations are performed (max 1 year), or for the period necessary to achieve the intended purpose (max 1 year).
11.2. The Agreement may be terminated by: expiry of the term, mutual agreement, notice, withdrawal.
11.3. The Provider may terminate the Agreement without stating a reason. The unused portion of the Remuneration will be refunded within 30 days.
11.4. The User may terminate the Agreement within 15 days of being notified of changes to the T&Cs or Price List. The notice period is one month.
11.5. The Provider may withdraw from the Agreement due to a substantial breach of the T&Cs or in circumstances referred to in points 9.1, 9.2, or 10.2.
12. AVAILABILITY OF SERVICES
12.1. The Provider provides the Service and Platform "as is" without any warranties or guarantees, unless the User has ordered a separate SLA agreement.
13. USER ACCOUNT
13.1. The User can create an Account by registering on the Platform.
13.2. The User is responsible for the security of their password.
13.3. By creating an account, the User agrees to provide accurate data, maintain its currency, and protect the account.
13.4. If the User allows third parties to use their account, they are responsible for these individuals' compliance with the T&Cs.
13.5. The User Account has Administrator access with full rights.
13.6. The User can create additional Accesses with limited functionalities.
13.7. The User is responsible for the individuals using the Accesses.
13.8. In case of Platform termination, the account may be blocked or deleted.
14. USER RIGHTS AND OBLIGATIONS
14.1. The User is obliged to use the Services and the Platform only in accordance with the T&Cs, Provider's instructions, and the Law.
14.2. The User is obliged to use the Services in accordance with the legal order of the Slovak Republic, EU standards, and international treaties. Violation constitutes a material breach of the Agreement.
14.3. The User must not use the Services in a way that infringes the rights of third parties or damages the Provider's reputation.
14.4. The User is obliged to report malfunctions to Technical Support.
14.5. The User has the right to free fault correction for malfunctions not caused by them.
14.6. The User is obliged to provide necessary cooperation.
14.7. In case of an Outage, the User may claim a discount on the Remuneration.
14.8. The User acquires no rights to the Provider's equipment or software.
14.9. The User must secure their login credentials themselves.
14.10. The User is obliged to report changes in identification data within 10 days.
15. USER CONTENT AND INTERACTION BETWEEN USERS
15.1. The Provider is not responsible for content uploaded by other Users or third parties.
15.2. The User is responsible for any content they provide to the Platform.
15.3. The User undertakes:
- 15.3.1. not to upload illegal, defamatory, or otherwise inappropriate content;
- 15.3.2. not to upload personal data of another person without consent;
- 15.3.3. not to upload harmful computer code;
- 15.3.4. not to upload misleading or false data;
- 15.3.5. not to use the Platform for unauthorized advertising;
- 15.3.6. not to use the Platform for contests, games, loans, etc.;
- 15.3.7. not to resell or provide the Platform to third parties.
15.4. The User must not: collect personal data, use automated tools (bots), post irrelevant content, or access systems without authorization.
15.5. The Provider is not a contracting party to relationships between Users.
15.6. Users are obliged to fulfill their information obligations according to the relevant sections of the T&Cs.
CHAPTER B: CONDITIONS FOR EMPLOYERS
16. CONDITIONS FOR PROVIDING SERVICES TO EMPLOYERS
16.1. The provision of the Service may be conditional on the completion of mandatory data.
16.2. The Employer undertakes to use the Service for its intended purpose and in accordance with the T&Cs.
16.3. The Employer is obliged to review CVs and is solely responsible for employee selection.
16.4. The Employer assumes responsibility for compliance with laws.
16.5. The Employer must not use the Services for illegal activities.
16.6. The Employer undertakes to thoroughly review materials, consider recommendations as one of the factors, and maintain human involvement in decisions.
16.7. The Employer is responsible for record-keeping.
16.8. The Employer undertakes to retain records of Candidate applications.
16.9. By using the Service, the Employer agrees to the recording and analysis of their activities.
16.10. The Employer undertakes to provide the requested documents to the Provider within 3 days.
17. REMUNERATION FOR SERVICES FOR EMPLOYERS
17.1. The Employer is obliged to pay the remuneration according to the Price List.
18. SIGNING BONUS – SURIKADO CANDIDATE
18.1. The Provider may require the Employer to offer Surikado Candidates a signing bonus of at least the agreed monthly salary (gross).
18.2. The obligation arises if an agreement is concluded with a Surikado Candidate within 6 months of using the Service.
18.3. The signing bonus is payable within 10 days of concluding the agreement or upon the expiry of a suspensive condition (max 6 months).
18.4. The Employer is obliged to inform the Provider immediately about the conclusion of the agreement.
18.5. If the Employer does not announce the amount of remuneration, the upper limit of the offered remuneration will be used.
18.6. If the Employer decides not to offer the bonus, the Service will be provided to a limited extent.
19. RECRUITMENT BONUS – RECRUITER’S CANDIDATE
19.1. The Provider may require the Employer to pay a recruitment bonus to the Recruiter.
19.2. The obligation arises upon concluding an agreement with a Recruiter’s Candidate within 6 months.
19.3. The recruitment bonus is payable within 10 days of concluding the agreement.
19.4. The Employer is obliged to inform the Provider immediately.
19.5. If the amount of remuneration is not announced, the upper limit will be used.
19.6. If the Employer decides not to offer the bonus, the Service will be provided to a limited extent.
20. REMUNERATION FOR CUSTOMIZING THE SERVICE FOR EMPLOYERS
20.1. The Employer undertakes to pay the Remuneration for service customization in the amount of the signing bonus and the amount specified in the Price List.
20.2. The Remuneration is payable within 15 days of concluding an agreement with a Surikado Candidate.
20.3. The Remuneration will be reduced by the amount paid as a signing bonus.
20.4. The Provider may waive the requirement for payment.
CHAPTER C: CONDITIONS FOR RECRUITERS
21. CONDITIONS FOR PROVIDING SERVICES TO RECRUITERS
21.1. The provision of the Service may be conditional on the completion of mandatory data.
21.2. The Recruiter undertakes to use the Service for its intended purpose.
21.3. The Recruiter is obliged to review CVs and is responsible for mediation.
21.4. The Recruiter assumes responsibility for compliance with laws.
21.5. The Recruiter must not use the Services for illegal activities.
21.6. The Recruiter undertakes to thoroughly review materials and maintain human involvement in decisions.
21.7. The Recruiter is responsible for record-keeping.
21.8. The Recruiter undertakes to retain records of applications.
21.9. By using the Service, the Recruiter agrees to the recording and analysis of their activities.
21.10. The Recruiter undertakes to provide the requested documents within 3 days.
21.11. All Candidates uploaded by the Recruiter may be considered Surikado Candidates.
22. REMUNERATION FOR SERVICES FOR RECRUITERS
22.1. The Recruiter is obliged to pay the remuneration according to the Price List.
23. SIGNING BONUS TO CANDIDATE FROM RECRUITER
23.1. A third party for whom the Recruiter acts is also considered an Employer.
23.2. The Provider may require the Recruiter to pay a signing bonus to Surikado Candidates.
23.3. The signing bonus shall not be less than the agreed monthly salary (gross).
23.4. The obligation arises upon concluding an agreement within 6 months.
23.5. The signing bonus is payable within 10 days.
23.6. The Recruiter is obliged to inform the Provider immediately.
23.7. If the amount of remuneration is not announced, the upper limit will be used.
23.8. If the Recruiter decides not to offer the bonus, the Service will be provided to a limited extent.
24. RECRUITMENT BONUS FROM EMPLOYER
24.1. The Provider does not guarantee the payment of the recruitment bonus by the Employer.
24.2. The Recruiter is obliged to inform the Provider immediately about the conclusion of the agreement.
25. REMUNERATION FOR CUSTOMIZING THE SERVICE FOR RECRUITERS
25.1. A third party for whom the Recruiter acts is also considered an Employer.
25.2. The Recruiter undertakes to pay the Remuneration for service customization upon establishing a relationship with a Surikado Candidate. The Remuneration will be reduced by the paid signing bonus. Payable within 15 days.
25.3. The Recruiter undertakes to pay the Remuneration also for a Recruiter’s Candidate. Payable within 15 days.
CHAPTER D: CONDITIONS FOR CANDIDATES
26. CONDITIONS FOR PROVIDING SERVICES TO CANDIDATES
26.1. The provision of the Service may be conditional on the completion of mandatory data.
26.2. Candidates may be allowed to upload their CVs free of charge.
26.3. Candidates may be allowed to create a CV through screening questions free of charge.
26.4. The Candidate agrees to the recording and analysis of their activities within the Platform.
26.5. No employment relationship is established between the Candidate and the Provider based on the use of the Service.
26.6. By uploading their CV, the Candidate may be considered a Surikado Candidate.
27. REMUNERATION FOR SERVICES FOR CANDIDATES
27.1. The Candidate is obliged to pay the remuneration according to the Price List for ordered Services.
28. SIGNING BONUS
28.1. The Provider does not guarantee a signing bonus but creates contractual conditions that incentivize its provision.
28.2. It is in the Candidate's interest to communicate with the Provider regarding concluding an agreement with an Employer.
28.3. The Candidate is obliged to inform the Provider immediately about the conclusion of an agreement.
CHAPTER E: LICENSES AND COPYRIGHT
29. COPYRIGHT AND LICENSES FOR THE APPLICATION
29.1. The Platform may only be used in accordance with the Provider's intellectual property rights.
29.2. By downloading the Platform, the User creates a reproduction intended solely for their own needs.
29.3. The User is not authorized to use the Platform as part of other solutions without consent.
29.4. The Provider grants the User a non-exclusive license to use the Platform.
29.5. The license is granted for the duration of the User Account.
29.6. The subject of the license is use through the GUI.
29.7. Source codes are not provided. Reverse engineering is prohibited.
29.8. Modification, adaptation, or creation of derivative works is prohibited.
29.9. The license is paid for and included in the Remuneration. Free only for parts without an active subscription.
29.10. The license may not be assigned or sublicensed.
29.11. The provisions also apply to Platform updates.
29.12. The User does not acquire any rights other than the right to use in accordance with the T&Cs.
30. COPYRIGHT AND LICENSES FOR USER CONTENT
30.1. By uploading content, the User grants the Provider a non-exclusive, royalty-free, unlimited license to use the content, including for artificial intelligence development.
30.2. In case of rights infringement, a request for content removal can be made after fulfilling identification and evidence requirements.
30.3. Requests for content removal should be sent to the company's address or to info@robene.sk.
CHAPTER F: LIABILITY
31. PROVIDER'S LIABILITY FOR SERVICES
31.1. The exclusions of liability set forth in other articles of these T&Cs and in this article apply.
31.2. The Provider is not liable for interruptions caused by the User, actions of third parties, force majeure, or malfunctions of third-party equipment.
31.3. Repair of malfunctions caused by the User will be charged.
31.4. The Provider is not liable for damages or lost profits arising from the use of the Services.
31.5. The Provider is not responsible for the content of User data or its use contrary to the T&Cs.
31.6. Users of free Services cannot claim fulfillment of the Provider's obligations.
32. USER'S LIABILITY
32.1. The User undertakes to use the Platform in accordance with the laws and is responsible for data management, content, and malfunctions caused by a breach of the T&Cs.
32.2. The User is liable for the content uploaded to the Platform.
32.3. The User is liable for damage to the Internet network caused by unauthorized access.
32.4. The User is liable for infringement of third-party rights to software.
32.5. The User is liable for damages caused to the Provider.
32.6. The User is responsible and shall indemnify the Provider for any claims, actions, or demands. They undertake to compensate for damages and costs in full.
32.7. Liability obligations also pass to the User's legal successor.
33. ARTIFICIAL INTELLIGENCE AND LIABILITY
33.1. The tools utilize artificial intelligence and machine learning models to support User needs.
33.2. Services are provided "as is" without any guarantees of accuracy.
33.3. The Provider takes steps to ensure accuracy, but the User is responsible for assessing suitability.
33.4. Services are purely tools. The Provider does not have the authority to make employment decisions on behalf of Users.
33.5. The User must use the Service in a manner that does not disrupt inclusive work environments.
33.6. The User must not knowingly query the Service in a discriminatory manner.
33.7. The User bears full responsibility for integrating outputs into their own processes.
CHAPTER G: TRIAL VERSION
34. TRIAL VERSION OF THE APPLICATION AND SERVICE
34.1. The Provider may offer a trial version. Use is exempt from Remuneration, and the Provider is not liable.
34.2. The duration or number of operations may be changed at the Provider's discretion.
34.3. After the trial version ends, the User decides whether to continue by paying the first invoice.
34.4. The trial version may also include paid parts of the Service.
CHAPTER H: DATA PROCESSING AGREEMENT
35. DATA PROCESSING AGREEMENT WITH EMPLOYER
35.1. The Employer appoints the Provider as a processor for the processing of Personal Data according to Article 28(3) of the GDPR.
35.2. The duration is limited to the duration of the User Account.
35.3. Processed data may include any Personal Data uploaded while using the Services.
35.4. Data subjects may include employees, job applicants, suppliers.
35.5. The Employer is responsible for the lawful acquisition of data.
35.6. The Employer is responsible for the authorization to appoint the Provider.
35.7. Data will be processed no later than 1 year after account deletion.
35.8. Processing will only be carried out based on documented instructions.
35.9. The Provider will implement appropriate technical and organizational measures.
35.10. The Parties will cooperate in dealing with data subjects, authorities, and in fulfilling GDPR obligations.
35.11. The Provider will forward requests from data subjects to the Employer.
35.12. The Employer authorizes the transfer of data within the EEA.
35.13. The Provider may appoint another sub-processor.
35.14. The Employer is entitled to audit GDPR compliance at their own expense.
35.15. The Parties undertake to comply with all GDPR rules.
35.16. Upon termination of the Services, the data will be returned to the Employer.
35.17. By appointing, the Employer does not relinquish responsibility.
35.18. The costs of fulfilling obligations shall be borne by the Employer.
35.19. The Parties are obliged to maintain confidentiality of Personal Data.
36. DATA PROCESSING AGREEMENT WITH RECRUITER
36.1. The Recruiter appoints the Provider as a processor according to Article 28(3) of the GDPR.
36.2. The duration is limited to the duration of the User Account.
36.3. Processed data may include data of individuals for whom the Recruiter is seeking employment.
36.4. Data subjects may include any categories of individuals within the Provider's systems.
36.5. The Recruiter is responsible for the lawful acquisition of data.
36.6. The Recruiter is responsible for the authorization to appoint the Provider.
36.7. Data will be processed no later than 1 year after account deletion.
36.8. Processing will only be carried out based on documented instructions.
36.9. The Provider will implement appropriate measures.
36.10. The Parties will cooperate in fulfilling GDPR obligations.
36.11. The Provider will forward requests from data subjects to the Recruiter.
36.12. The Recruiter authorizes the transfer of data within the EEA.
36.13. The Provider may appoint another sub-processor.
36.14. The Recruiter is entitled to audit GDPR compliance at their own expense.
36.15. The Parties undertake to comply with all GDPR rules.
36.16. Upon termination of the Services, the data will be returned to the Recruiter.
36.17. By appointing, the Recruiter does not relinquish responsibility.
36.18. The costs of fulfilling obligations shall be borne by the Recruiter.
36.19. The Parties are obliged to maintain confidentiality of Personal Data.
CHAPTER I: FINAL PROVISIONS
37. PROTECTION OF CONFIDENTIAL INFORMATION
37.1. The User undertakes not to disseminate confidential information. Communication is strictly confidential. The Provider may use User data for: publication within the Services, marketing information, notification to authorities, positive references, notification to legal advisors.
37.2. The User is liable for damages caused by breach of confidentiality.
38. CHANGES TO SERVICES AND APPLICATION
38.1. The Provider reserves the right to modify Services at any time.
38.2. The Provider reserves the right to modify the Platform at any time.
38.3. The User is not entitled to the preservation of the visual appearance of user interfaces.
38.4. The Provider may change the scope and content of Service packages offered.
39. CHANGES TO CONTRACTUAL TERMS
39.1. The Provider reserves the right to unilaterally change the T&Cs or the Price List.
39.2. Significant changes to the T&Cs will be announced at least 60 days in advance.
40. DELIVERY AND LANGUAGE OF COMMUNICATION
40.1. Notifications may be delivered by email (considered delivered the next day) or by message within the Platform (delivered on the day of sending).
40.2. Notifications will be in writing in the Slovak language.
40.3. Communication will be in the Slovak language, unless the Provider chooses another language.
41. OUT-OF-COURT DISPUTE RESOLUTION
41.1. The Agreement and T&Cs are governed by the legal order of the Slovak Republic.
41.2. Legal relations are governed by the Commercial Code of the Slovak Republic. Slovak law applies even to foreign Users.
41.3. Disputes shall primarily be resolved by agreement, otherwise by the general courts of the Slovak Republic.
41.4. Claims must be asserted in writing by registered letter or in person.
41.5. Regarding operational matters, the parties may communicate by email or telephone.
41.6. In case of suspicion of breach of obligations, it is presumed that the Provider's findings are correct.
41.7. Provisions on governing law do not apply to consumers.
42. FINAL PROVISIONS
42.1. These T&Cs become effective on the date of their publication.
42.2. The T&Cs constitute the entire and exclusive agreement regarding the use of the Platform and Service.
42.3. Invalid provisions shall be replaced by provisions of the Law that are closest in content and purpose.
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