Terms of use for applicants
Last updated:
2024
Note:
For reasons of readability and accessibility, we sometimes use the generic masculine in our following terms of use. The chosen form applies regardless of the respective gender (male, female, diverse).
Scope of application/general
The following General Terms of Use govern the free-of-charge user relationship between us, the company Catch GmbH, Im Zollhafen 18, 50678 Cologne, (hereinafter referred to as "Provider") as the provider of the platform and services offered here (collectively referred to as "Services") and you as a natural person using our Services (hereinafter also referred to as "You" or "User").
Our platform and the services offered are aimed exclusively at users who have reached the age of 16 and have full legal capacity.
You can view the current version of these Terms of Use at any time via the link provided(https://www.catch.hr/tos-applicants) and download and save them using the "Download" button. The contract language is German. If these Terms of Use are displayed in English, the contractual language is English.
Our services
You can use our platform and the services provided by us as part of a free user contract without registering or opening a user account. However, there is no entitlement to use our services.
We make our "job board" available to you via our platform, where you can either search for a job yourself using the search field or view job advertisements published on the job board. In this case, you are an "active applicant" for us. If you would like to contact one of the companies looking for a job, you can apply for the vacancy without registering by clicking the "Apply now" button, filling out the relevant application form, uploading files such as your CV, certificates etc. if necessary, carrying out the anti-robot verification, consenting to the data processing of the data you have provided and sending the application to the company looking for you by clicking the "Apply now" button. Mandatory fields are marked with an asterisk.
We also publish job advertisements on social media platforms (e.g. XING, LinkedIn) for companies advertising jobs. If you click on the job advertisement, you will also be shown an application form that you can use to apply directly to the company in question. In this case, you are a "passive applicant" for us, as you are using our services via external channels.
If you have responded to a job advertisement published by us as an active or passive applicant, you can - if you wish - be included in our "talent pool". You will be added by e-mail using the double opt-in procedure. We will then store your data in the talent pool so that we can send you interesting job advertisements. Your data will be stored in accordance with our data protection guidelines until you unsubscribe from the talent pool by sending us a brief email(support@catch-talents.de). The data in the talent pool is regularly compared with job vacancies using AI-supported technologies (more on this in section 2.6.) to inform you of potential matches and help you find the most suitable vacancies. Of course, you are free to apply for other vacancies independently of our suggestions. If you apply for a specific job advertisement through us for the first time, we will only pass on your application data to the company advertising the job. This company has exclusive status, so to speak, for your first application in our system. We will therefore not suggest any other job offers from other companies for the entire duration of this application process. The application process begins with your application to the company advertising the job and ends when this company assigns you the status "rejected" or "hired" in our applicant management system, but at the latest after 3 months have passed from the application date without the status of your application being updated in our tool by the company advertising the job. As soon as the initial application process has been completed, we may suggest new vacancies from other companies. This means that the exclusivity of the company advertising the job no longer applies.
We decide on the format, text and audiovisual content, the channels (such as emails, telephone messages, etc.) and the frequency of recommendations for the job suggestions and recommendations based on the AI technologies we use. We also decide on the data you share and the status of the application process.
Every interaction you have with our services automatically updates the stored information and may affect the subsequent recommendation from us. We store the data exclusively in a database operated by us and in accordance with our privacy policy, which is available at https://www.catch-talents.de/datenschutz.We merely provide the platform or our services described in more detail and are not involved in the application process or any employment relationship itself. In this respect, we only publish content and information from third parties (companies advertising jobs) and are not obliged to check these for accuracy, up-to-dateness or legal conformity. We therefore accept no liability for the accuracy of job advertisements and/or related content. There is no entitlement to participate in certain application procedures or to conclude an employment contract.
We use AI technologies within our Services that include deterministic or probabilistic algorithms and parameters refined by machine learning techniques (hereinafter collectively "AI"). AI includes proprietary or licensed components, statistical models and databases as well as third-party services that are integrated into our system. We use AI solely as a tool to enhance and improve our internal processes and the functionality of the software we use. This AI never replaces essential human oversight in decision-making processes. All critical decisions impacting applications, our customers or users are always subject to final human judgment or subject to a "man-in-the-loop" process to ensure a balanced and considerate approach to automated decision making.
In this respect, we are committed to practicing a responsible and ethical approach to the use of artificial intelligence, with a focus on the welfare, fair treatment and non-discrimination of all those affected by AI processing. We will take all necessary technical and procedural measures to ensure the conformity of the software with existing regulations in the field of artificial intelligence. Our commitment extends in particular to promoting transparency, limiting the dissemination of harmful content and ensuring the fairness of automated processes.
The AI functions we use and integrate include
Analysis of the data contained in the documents and attachments as well as the data generated by each user interaction with the software;
Analysis of applications to create a profile of behavioral and character traits;
Personalisierte und automatisierte direkte Kommunikation in jeglicher Form (bspw. via Software, E-Mail, SMS, WhatsApp-Nachricht, Telefonanruf und jede andere Quelle und jeder andere Kanal) zum Austausch von Daten und zur Interaktion innerhalb unserer Dienste;
Aggregated metrics and behavior monitoring as part of the software;
Recommendation, evaluation and sorting of job offers and applications according to algorithms;
Creation of advertising copy and audiovisual text content;
Translation and text editing and optimization;
Any other system or algorithm will come from improvements to the state of the art or Catch's internal research and development.
Our rights and obligations
We will provide, maintain and service the necessary technical server landscapes for the provision of our services. In this respect, we may use third-party companies as subcontractors. You can also find more details in our data protection notice.
As we provide you with the platform and our services free of charge, we are entitled to change or discontinue our free services, even in part, at any time.
We back up our systems and the stored data in accordance with the current state of the art. However, there is no contractual obligation to archive data backup media. You therefore have no claim to the surrender of a data backup medium.
If you as a user violate these Terms of Use or statutory provisions, we may exclude you from using our services. We may impose this sanction without prior notice and without consulting you, even against your express will. This applies in particular if you
provide false information in contact forms,
you use or misuse the platform and services, in particular the contact forms provided, in breach of contract.
A permanent ban is also possible if there is another important reason.
If you give us your consent, we are entitled to improve and optimize the functionalities of our services based on your data, among other things. This improvement of functionalities includes monitoring and evaluating the performance of the software, compiling cumulative statistical data for commercial purposes and improving the machine learning components of the software. In this case, we also collect and process feedback and behavioral data from you when you use the service in order to improve the software and internal processes.
Rights and obligations of the user
As a user of our services, you guarantee that you have reached the age of 16 and are fully capable of doing business. You also guarantee that the information you provide within our services is correct, complete and up-to-date. You may only use our services in your own name and for your own purposes. The use of contact forms and other services for third parties and/or using third-party data, content or e-mail addresses is not permitted. You will only use our services to the contractually agreed extent and fulfill all obligations necessary for the performance of this user relationship in a timely, complete and professional manner.
You will refrain from accessing information or data yourself or through unauthorized third parties without authorization or from interfering or allowing others to interfere with programs operated by us as the provider. You further undertake not to penetrate our data networks without authorization.
If you use copyrighted content, works, photographs, etc. when using our services, you are responsible for ensuring that you are authorized to do so and have the corresponding rights of use. In particular, you must ensure that this content, works, photographs, etc. may be processed by us using AI technology.
You also make a commitment:
not to carry out any actions that could block, overload or impair the proper functioning or appearance of our platform or services (e.g. denial-of-service attacks or the uploading of viruses or other malicious code);
not to make any false statements (e.g. to use third-party data in contact forms);
not to engage in unauthorized commercial communication (e.g. spam) via our services and forms;
not to use automated mechanisms (such as bots, robots, spiders or scrapers) to collect content or information from our Services or otherwise access the Services unless our express prior permission has been obtained;
not to use and process any data, photographs or content of other persons without being authorized to do so;
not to use the services for commercial purposes.
Exemption
If third parties assert claims against us, in particular claims for copyright or personal rights violations, because you have culpably violated these Terms of Use, you shall indemnify us as the user against these third-party claims upon first request. The indemnification also includes the reimbursement of reasonable costs that we incur or have incurred as a result of legal prosecution/defense. This shall not affect any further claims for damages to which we may be entitled. Insofar as we ourselves are responsible for the infringement, claims against you as a user are excluded. You are obliged to inform us immediately of any claims asserted by a third party in connection with the use of our services.
Granting of rights of use
We hereby grant you the simple right, revocable at any time, to access our services by means of telecommunications and to use them to the extent specified in the contract. You do not receive any further rights, in particular to software applications, source codes, content, images, photographs or the operating software.
With regard to content, data, materials, photos, etc. that you upload to our system, you grant us the necessary simple rights of use that we require to provide our services in accordance with the contract.
Disclosure of user data
Any disclosure of your voluntarily provided data to third parties (e.g. when using the contact form for the purpose of applying to a company) always requires your consent. We obtain this consent when you use the relevant service. For the sake of order, we would like to point out that this does not apply if we use third parties who have an order processing relationship with us. These process your data exclusively on our instructions.
Limitation of liability
We shall only be liable for damages or reimbursement of futile expenses without limitation in the event of intent or gross negligence, for injury to life, limb or health, in accordance with the provisions of the Product Liability Act and to the extent of a guarantee assumed by us, in the event of claims due to the absence of warranted characteristics or in the event of fraudulent intent.
In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), our liability shall be limited to the amount of damage that is foreseeable and typical for the type of transaction in question.
No further liability exists at our expense. However, the objection of contributory negligence remains unaffected.
The above limitation of liability also applies to the personal liability of our employees, representatives, bodies and vicarious agents.
Data collection/data protection
We process personal data of our users in the context of the use of our services to the extent permitted by law. If consent has been given, it can be revoked at any time with effect for the future by sending an email to support@catch-talents.de. Detailed information on how we specifically process your personal data when you use our services and what rights you are entitled to can be found in our data protection notice at https://catch.hr/privacy-policy.
Final provisions
Should a provision be wholly or partially invalid or lose its legal validity at a later date, this shall not affect the validity of the remaining provisions. If the terms of use contain a loophole, the same shall apply.
Stand: 02.12.2024
