USER AGREEMENT
Welcome! Thank you for choosing to use the online platform StaRPerformining! By using our services, you are expressing your agreement for the terms and conditions applicable when using our online platform, so that we kindly request you to read carefully the content of the user agreement presented below:
User agreement:
A. TERMS AND CONDITIONS
1. INTRODUCTION
2. DESCRIPTION OF THE PROVIDED SERVICES
3. HOW TO ACCES THE PROVIDED SERVICES
4. CONTRACTUAL RIGHTS AND OBLIGATIONS
5. DISCLAIMER AND LIMIT OF LIABILITY
6. VARIOUS CONTENT: ADVERTISING, WEBSITES ETC.
7. AMENDMENT, SUSPENSION, CEASE AND TERMINATION
8. DISPUTE RESOLUTION
B. PRIVACY POLICY
1. INTRODUCTION
2. THE PERSONS TO WHOM THE PRIVACY POLICY APPLIES
3. THE PERSONAL DATA TO WHICH THE PRIVACY POLICY APPLIES
4. THE USE OF PRIVATE DATA
5. MODIFYING OR ERASING PRIVATE DATA
6. MODIFYING THE PRIVACY POLICY
C. COOKIES POLICY
D. HOW TO CONTACT US
A. TERMS AND CONDITIONS
1. INTRODUCTION
1.1 Purpose
1. Our purpose is to facilitate the contact between persons who are in search of a job and employers who have available jobs, in an environment which encourages professional conduct, efficiency and trust. The StaRPerformining team creates a platform that allows, on the one hand, an in-depth, yet fast information regarding the available jobs potentially envisaged by the users and, on the other hand, a rigorous and efficient selection of the candidates in search of a job.
2. Thus, for the first time, you have the chance to perform an oriented search, by using some specialised tests and video registrations uploaded by candidates, which ensures a fast and efficient selection. Such manner of selecting the persons in search of a job, in view of finding them a suitable job existing on the labour market, is based on quality criteria, on identifying the most appropriate solutions for the users’ needs, as well as on minimizing the time allotted by the users in view of reaching the pursued results.
1.2 Terminology
3. In this User Agreement are used several terms, which are defined as follows:
– ‘The Company’, ‘the StaRPerformining team’ – the owner of the online platform StaRPerformining, StaRPerformining SRL, headquartered in Bucharest, 154 Viitorului street, district 2, registered with the Bucharest Trade Registry under no. J 40/9303/29.07.2015, unique code of identification [CIF] no. 34829187, bank account no. IBANRON: RO75 BACX 0000 0011 7076 2001 si IBAN EUR : RO48 BACX 0000 0011 7076 2002, open with UNICREDIT TIRIAC BANK, with a share capital of 4000 lei, duly represented by Mr. Stănescu Dumitru Radu, as Director;
– ‘Online platform StaRPerformining’,’StaRPerformining’, ‘platform’ designates all the services and facilities presented on the site starperformining.com ;
– ‘User’ – any person who uses the services presented on the online platform StaRPerformining, following the creation of a user account, whether there are candidates in search of a job or companies or any other organized entities that wish to post available jobs on the platform;
– ‘User-employer’ or ’employer’, ‘company’ – any company, civil professional company, authorized person (PFA) or other entity that posts a free job on the platform and is in search of workforce;
– ‘User-candidate’ or ‘candidate’ – any person in search of a job available on the platform StaRPerformining;
– ‘User Agreement’,’Agreement’,’Terms and conditions’ are used to designate the present user agreement.
1.3 User agreement
1.3.1 The parties to the Agreement
4. This User agreement is concluded between StaRPerformining SRL, headquartered in Bucharest, 154 Viitorului street, district 2, registered with the Bucharest Trade Registry under no. J 40/9303/29.07.2015, unique code of identification [CIF] no. 34829187, bank account no. IBANRON: RO75 BACX 0000 0011 7076 2001 si IBAN EUR : RO48 BACX 0000 0011 7076 2002, open with UNICREDIT TIRIAC BANK, with a share capital of 4000 lei, duly represented by Mr. Stănescu Dumitru Radu, as Director, as owner of the online platform StaRPerformining, on the one hand, and the candidate for a job or the employer, as user, on the other hand.
1.3.2 The content of the Agreement
5. The User agreement includes the Terms and Conditions, the Privacy Policy and the Cookies Policy.
6. By using the services and information offered by the Company, on the online platform StaRPerformining, you undertake to observe the content of all the provisions comprised in the User agreement that is presented to you and no amendments from your part in relation thereof are allowed.
7. The Company reserves its right to modify anytime the terms and conditions presented in this User agreement, within the limits allowed by the applicable legislation. Such amendments are in force and become applicable without the necessity of any prior approval expressed by its users or any prior notification in relation thereof.
8. As a consequence, we recommend you to review periodically the content of the User agreement which is applicable to the users of the online platform StaRPerformining, in order to make sure that it corresponds to the information that you have in relation thereof. By continuing to use the platform StaRPerformining, after the amendments of the User agreement have been introduced by the Company, you express your agreement for such amendments.
1.3.3 The manner of concluding the Agreement
9. By using the services provided by StaRPerformining, you express your approval to conclude the User agreement and you declare that you will fully observe its terms and conditions, comprised in the Terms and Conditions, Privacy Policy and Cookies Policy. Thus, you agree that by creating an account on our platform, you conclude a legally binding agreement.
1.3.4 The manner of refusing the Agreement
10. If you don’t agree with the terms of this Agreement, our suggestion is not to create an account on our platform and not to use in any other manner our services.
2. DESCRIPTION OF THE PROVIDED SERVICES
11. By concluding this Agreement, you will have access to the services of recruitment and selection of workforce, which are available on the StaRPerformining platform, as described below.
2.1 Creating a user’s account
12. The online platform StaRPerformining facilitates the meeting between employers (companies, professional civil companies, authorized persons, any other entities allowed by the labour legislation etc.) and the persons who wish to find a specific job. Each person in search of a job and each company interested in benefiting of our services must create an account, for free, on the StaRPerformining platform, by clicking on the Signup button.
13. In order to create an account, the candidate for a job will need to choose a username, to provide an e-mail address and the corresponding password. Once the account is created, the candidate will have access to the following information: My applications (available jobs for which he/she applied), Saved jobs (job offers for which he/she did not apply yet, but which are attractive), My tests (solved tests) and My profile (his/her profile).
14. In order to create an account, the employer will need to choose a username, to provide us with an e-mail address and the corresponding password, as well as with other information related to the company or the form of association that it represents, and the contact person. Once the account is created, the employer will have access to the following information: My job posting (all the posted job offers and their stage), My tests (all the tests created by the employer), My Credits (the number of unused credits and the manner in which the previous credits are used) and Company Profile (the profile of the employer).
15. Some of the information presented on the online platform StaRPerformining, of a general nature, can be accessed by any visitor of the site, such as the one from the sections Jobs, About, News and Contact us. The possibility to apply for a job available on the StaRPerformining platform, as well as to post an available job, belongs only to the persons who create a user account on the StaRPerformining platform.
2.2 Creating a profile
16. After the user’s account was created, each user (candidate for a job or employer) must create a profile, in which to prepare his/her description, addressed to the other users of the site. In order to prepare the profile, the users must complete the fields indicated in the section My Profile.
17. The candidate for a job must attach to the created profile a CV.
18. After the users-employers create their account and profile, they will be contacted by a StaRPerformining representative, who will verify the information provided, such as the name, the CUI (unique code of identification), the contact person etc. The truthfulness and accuracy of this information can be verified by the StaRPerformining team with the trade registry, as well as with other registers owned by public authorities, which are accessible to the public. If the provided information is accurate, the user-employer will receive a number of credits as bonus in order to post the first job for free.
2.3 How the platform StaRPerformining works
19. For the users-candidates in view of obtaining a job: After creating the StaRPerformining account and the profile, the candidate for a job can apply for any available job that is posted on the platform. The possibility to apply for any of the jobs posted on the platform is granted for free.
20. In order to apply for a certain job posted on the platform, the candidate will probably be requested to complete one or more tests: psychometric – for identifying the profile of the candidate, general – created by the StaRPerformining team and/or specific – proposed by each company, in order to verify the candidate’s level of experience and competences, as compared to the requirements imposed by the specific job for which the candidate applied. Such tests are designed for the purpose to obtain useful information regarding a certain candidate, in view of the recruitment and selection performed by the company which posted that specific job.
21. The results to the general test, prepared by the StaRPerformining team, are available for six months, and are provided to the companies to which a specific candidate applied in view of obtaining a job. After the expiry of the six-month period from completing the test, the candidate will be requested by the StaRPerformining team to complete once again the general test, in view of updating it. The psychometric test is designed to identify the typology of potential employees, and the candidate will have access to a general page containing information regarding the main types pf behaviour, classified depending on the results obtained when completing this test. The specific tests that the candidates for a job can be required to complete are prepared by the users-employers or, at their request, by the StaRPerformining team, in exchange of a fee, according to the instructions and information provided by the employers.
22. The results obtained to the completed tests allow the companies that posted a job to perform a quantitative and qualitative selection of the candidates.
23. Following the selection performed by the company that posted a certain job on the platform StaRPerformining, one or more of the candidates who applied for that specific job can be invited, by an automatic e-mail, to register a short video interview, in which to present themselves and/or to reply to some of the questions that were addressed to them. Once the video registrations are uploaded, the employer will be able to access them.
24. The StaRPerformining team does not undertake any responsibility for the final selection performed by the employers in relation to the posted jobs, given that the decision regarding the selection of a certain candidate belongs exclusively to the employers.
25. For the users: After creating an account, the Company will be notified in relation to the creation of the account, and the employer will be contacted by the StaRPerformining team in order to verify the dates of identification of the company, to be explained how the online platform works, as well as, if the case may be, to obtain or transmit any other necessary information in view of using the services provided by StaRPerformining.
26. The effective use of the StaRPerformining platform by the users-employers is made by granting credits. Thus, the access to the information regarding the candidates (profile, CV, tests’ results, video interview etc.) in view of their recruitment and selection is made based on a system of credits, purchased by the users-employers depending on their needs.
27. Thus, in a first stage, the user-employer will be granted for free a number of credits, as bonus for registering on our platform. Based on this number of credits, the employer will be able to post one job which is available in the company that it represents. For the following posts of available jobs, the employers will purchase credits, according to the procedure described under section 4.2.3. below and the Trade Policy applied by StaRPerformining. During the use of the platform StaRPerformining, it is possible for the StaRPerformining team to offer bonuses under the form of free credits, to the users-employers, according to the Trade Policy applied by StaRPerformining.
28. After filling in the information corresponding to the proposed job/jobs, the user-employer will have to choose the type/types of tests that need to be completed by the potential candidates and the available credits will be consumed depending on the options expressed in this respect. Thus, if the employer wishes to use a GENERAL TEST, he/she will opt for the model provided by the team StaRPerformining. If, in addition to using the general test, the employer-user will require a SPECIFIC TEST, he/she will have the possibility either to create it on its own and to upload it on the online platform or to receive the help of StaRPerformining, by paying a supplementary fee, according to section 4.2.3. below and to the Trade Policy applied by StaRPerformining.
29. The job posted by a certain employer is available for a limited period of time, established by each employer, depending on his/her interests, by completing a section indicated on the platform. Nonetheless, upon our recommendation, the duration of a post should not be less than 1 week nor more than 60 days. Once the period during which the job appears to be available on the StaRPerformining platform has expired, the employer will be able to have access to the profiles of all the candidates and will be able to analyse them depending on the results obtained to the completed tests (for instance, the StaRPerformining platform can generate the hierarchy of the first 10, 15, 20 classified candidates, depending on the employer’s preferences). The employer is thus able to make fast and rigorous selection of the candidates.
30. The recruitment procedure can continue, by requesting evidence consisting of a VIDEO INTERVIEW. The candidates selected by the employer (by completing the corresponding sections) will be invited by an automatic e-mail to video register the answer to several questions proposed by the employer. In addition, it is possible that some employers require the candidates to fill in a PSYCHOMETRIC TEST, by which can be identified the type of behaviour of the candidates applying for a specific job, in order to see how fast can a potential employee integrate in the employer’s organizational environment.
31. After performing this process, the employer will decide if he/she will contact one or more candidates in order to organize an interview at the employer’s headquarters. If the employer did not choose a final candidate, the recruitment and selection process can be started all over again. The candidates selected for the interview can be directly contacted by the employers, without the intermediary of the StaRPerformining team.
32. The StaRPerformining team does not undertake any responsibility for the final selection performed by the employers, in relation to the posted jobs, and the decision whether to employ a certain candidate belongs to the employers only.
3. HOW TO ACCESS THE PROVIDED SERVICES
33. The services provided by the platform StaRPerformining are accessible from the computer, as well as from smartphones and tablets.
4. CONTRACTUAL RIGHTS AND OBLIGATIONS
34. The users of the StaRPerformining platform have the following rights and obligations:
4.1 The user’s rights
– You have the right to use the StaRPerformining services, by creating an account on our platform and accepting the terms and conditions of the present User Agreement. The users-candidates have the right to use the platform, to create a profile and a CV, to search and study the job offers posted on the platform, to apply for any available job, to complete the proposed tests, to register video interviews on the platform. The users-employers have the right to use the platform, to create a user profile, to post jobs, based on the available credits, to use the general, specific and psychometric tests, as well as the video interview, to have access to the information regarding the persons who applied for the jobs posted by the employers (CV, profile, test results, content of the registered video interviews etc.).
– You are the owner of the information provided on the StaRPerformining platform, but you are offering to the StaRPerformining platform a transferable and sub-licensable right to use, copy, modify, distribute, publish and process the information and content which are made available through the StaRPerformining platform, in accordance with our Privacy Policy.
– You have the intellectual property right over the content of the video recording uploaded on the StaRPerformining platform, which is a part of the recruitment and selection procedure followed in view of obtaining a job.
4.2 The user’s obligations
4.2.1 You agree to:
– Observe the applicable legislation, including, but not limited to the legislation regarding the protection of private data, the legislation regarding the intellectual property rights, the legislation regarding the protection of privacy and the anti-spam laws;
– Create an account in view of using the services provided by StaRPerformining, by filling in the required fields of private data. In order to be entitled to create an account, you must observe the age limit of 16 years old, not to have another account registered on the StaRPerformining platform and not to have been forbidden before to use our services, as sanction ;
– Provide accurate and complete information and to update it (for instance, the profile data, the data comprised in the CV etc.);
– Use your real name on your profile;
– Keep your password secret. In this respect, you accept to make all the efforts in order to create a secure and efficient password and to preserve it as such. You are responsible for the unwanted access of other persons to the information comprised in your account. We kindly request you to contact immediately the StaRPerformining team in case you are aware of the unauthorized access of another person to your account;
– Accept important notifications from our side in the following manner: posting notifications under the form of banners on our website, transmitting notifications through the provided e-mail address or by phone or by other means, including by post. If your private data is not updated, you can miss such notification. Kindly review your existing settings on the StaRPerformining platform in order to select the type of notification that you will receive from our part;
– Repair any damage incurred by StaRPerformining or by other persons as a result of the fact that you breached the provisions of this Agreement;
– Use in a professional manner the platform StaRPerformining and according to the purpose for which it was created, more precisely to facilitate the recruitment of available workforce.
4.2.2 You agree not to:
– Use the StaRPerformining platform in a dishonest manner, by providing misleading information;
– Create a false identity on the StaRPerformining platform;
– Present from a false perspective information related to your previous and present qualifications and functions, or regarding your company’s activity and the available workplace;
– Fill in inappropriately the requested fields on our platform (for instance, by inserting a telephone number instead of the CUI, or a name instead of the address etc.);
– Use a video recording of another person than yourself;
– Post information with an illegal, obscene, discriminatory, instigatorial, calumniating or insulting content or by which are breached rights of other persons, including the right to privacy;
– Use information by which you breach intellectual property rights of other persons, such as copyright, trademarks rights, patents etc.;
– Share information that you are not entitled to share;
– Include any type of unauthorized advertising, positive or negative, for goods or services, including for competitor websites, unwanted correspondence, spam, pyramidal schemes or any other forms of unfair competition;
– Create or operate a pyramidal scheme, fraud or other similar practices;
– Publish information, materials or any other type of content that have viruses or any similar code, which are damaging for the system;
– Manipulate the identifiers in order to hide the source of any message or announcement transmitted on the platform;
– Create an account for another person than yourself;
– Access the account of another user;
– Harass, blackmail or cause any other damages to the other users;
– Send spam messages or other messages unrequested by the other users;
– Investigate or copy by any means the information belonging to other users (including search robots, plugins for different browsers, and completion programs or any other technology or manual actions);
– Present yourself as a representative of the StaRPerformining platform (for instance, in order to offer credits to the users-employers);
– Lease or to assign the access to the StaRPerformining platform and to the corresponding information;
– Eliminate any form of advertising existing on our site;
– Use the information received from the platform for other purpose than the one of recruiting workforce (in case you are a user-employer);
– Reveal or transmit information belonging to other persons, without their express approval.
35. The StaRPerformining team does not take any responsibility for the breach of the applicable legal provisions by the platform’s users or for the damages of any kind caused to other users.
4.2.3 Payment of the StaRPerformining services
36. The candidates for a specific job will be able to use the StaRPerformining platform for free. They can create an account and apply for any free job posted on the platform. Completing the tests is also free.
37. The employers (companies) will be able to open an account on the StaRPerformining platform for free. In addition, after opening the account and verifying the relevant information about the registered companies, they will benefit of a bonus of credits, on the basis of which the companies will be able to post the first available job. Then, if the employers wish to continue using the StaRPerformining services, it is necessary to buy credits, according to the mechanism indicated in the Trade Policy applied by StaRPerformining.
38. Any delay of the users in paying the amounts owed to StaRPerformining represents a breach of the present Agreement. The users who fail to make the payments owed to StaRPerformining or make them with delay will be bound to pay all the supplementary costs incurred by StaRPerformining in view of recovering the owed payments.
39. StaRPerformining can modify anytime the applied price policy. In such cases, the changes that occurred in the price policy will be posted on the platform.
4.3 The StaRPerformining rights
40. StaRPerformining has the following rights and obligations:
4.3.1 Rights regarding the use of the services by the platform’s users
– StaRPerformining has the right to avoid publishing information and content on the platform, as well as to eliminate them unilaterally, with our without prior notification addressed to the users;
– StaRPerformining has the right to limit the manner in which you connect to our services, as well as the manner in which you use them;
– StaRPerformining reserves the right to limit the use of the services provided on the platform, including the number of jobs to which the users can apply;
– StaRPerformining reserves the right to erase from the platform any kind of information, materials and content with an obscene or immoral character, which breach the rights of other users or which are contrary to the legal provisions, public order and/or moral principles (including, but not limited to the content of vacant jobs, users’ profiles, submitted CVs, video interviews uploaded by the users etc.);
– StaRPerformining reserves the right to suspend or forbid the access of the users to the content of the online platform, without any prior notification or formality and without providing any explanation, if the Company considers necessary to adopt such measures or if it considers that you breached the present Agreement or the applicable legislation. In this respect, StaRPerformining has the right, among others, to suspend or close accounts, to block passwords, to erase posted content or information, to interrupt the provided services etc.
– StaRPerformining has the right to unilaterally modify the provided services, by informing the users in relation to these amendments in a notification posted on the website or transmitted by e-mail.
4.3.2 Intellectual property rights
41. The Company benefits of all the intellectual property rights regarding the StaRPerformining platform, given that it is the owner of this platform, of the rights related to the “StaRPerformining’ trademark, as well as of the domain name starperformining.com . As a consequence, are forbidden all the activities by which the intellectual property rights belonging to the Company are breached, including, but not limited to:
– the use of the name ‘StaRPerformining’ in any form which is contrary to the law, including the use in a commercial name, an e-mail address or URL, the use of similar or identical names, for identical or similar services, of such nature as to create a risk of confusion with the trademark ‘StaRPerformining’ from the consumers’ perspective;
– the use of the name ‘StaRPerformining’ and of the content of the platform StaRPerformining outside the cases deriving from the normal use of the platform. The normal use of the platform supposes accessing the platform for personal use, in accordance with the purpose for which were accessed the services available on the platform. The forbidden use of the content of the StaRPerformining platform includes copying, storing, modifying, publishing, transmitting the content, without the prior consent of the StaRPerformining team;
– imitating or using the design of the StaRPerformining platform and of its informational content;
– using the domain name starperformining.com;
– performing any other deed in relation to the trademark ‘StaRPerformining’, the domain name starperformining.com and/or the informational content of the StaRPerformining platform, which are contrary to honesty and good faith etc.
– Nobody is allowed to copy and to use the information, content or data available on the StaRPerformining platform for similar services (such as recruitment and selecting workforce, available job offers etc.);
– The information, content and data presented on the StaRPerformining platform can only be used according to the legitimate purpose pursued by each user (more precisely, applying for various job offers in view of obtaining a job and posting job offers in view of employing workforce);
– Nobody is allowed to publish, to transmit, to sell, to distribute materials by which the information and data protected by intellectual property rights belonging to StaRPerformining are breached;
– Nobody is allowed to perform reverse engineering, to decompile, to disassemble, to decipher or to attempt in any other manner to operate a derivation of the source code related to the platform or of a connected technology or of any of their parts;
– It is forbidden to erase or to modify any notification regarding copyright, trademarks or other intellectual property rights comprised or published on the StaRPerformining platform;
– Nobody is allowed to perform ‘framing’, ‘mirroring’ or to simulate in any other manner the appearance or the functions of our services;
– If the case may be, the Company may transmit to the users the relevant information regarding its intellectual property rights.
42. The persons who are interested to use the content of the StaRPerformining platform in other forms than the ones expressed in this Agreement can address to the Company a request in this respect, in the section How to contact us.
4.4 The StaRPerformining obligations
43. StaRPerformining undertakes to observe the legislation in force, including the legislation regarding the protection of privacy, of intellectual property rights and of private data.
5. DISCLAIMER AND LIMIT OF LIABILITY
44. The Company is not liable for the quality, security and efficiency of the services provided by the StaRPerformining platform.
45. Thus, with the observance of the limits imposed by the legislation, StaRPerformining will not be held responsible for:
– The lack of accuracy, truthfulness and lawfulness of the information and content presented on the platform by each user. In addition, StaRPerformining is not bound to perform any selection of the content posted by the users on the platform and will not be held responsible for any damage resulting from this content;
– Any personal damage or any damage caused to third parties as a result of the use of a user’s account by other person than the one entitled to;
– The non-performance of the purposes pursued by using the StaRPerformining platform, such as failing to get a job or the preferred job or failing to identify the appropriate persons for the vacant jobs posted by the employers;
– The violation of personal data which is provided to the platform, despite making all the reasonable efforts in order to preserve the security of such data;
– Interruptions or errors in the functioning of services provided to the StaRPerformining platform, including, but not limited to: the lack of connexion to the internet or telephone, operational errors, informatics viruses, unauthorized access to the services provided by the platform etc.;
– Any other moral or material damages, including, but not limited to losses of the registered data, affecting reputation, profit or incomes.
6. VARIOUS CONTENT: ADVERTISING, WEBSITES ETC.
Dacă pentru a vă crea cont de utilizator pe Site, utilizați contul dumneavoastră de Facebook sau Linkedin, StaRPerformining SRL va prelucra următoarele date publice de profil afişate de aplicaţiile respective: nume utilizator, adresa de e-mail.
În cazul în care nu finalizați înscrierea pe Site, adresa de e-mail și celelalte date furnizate nu vor fi stocate de StaRPerformining SRL, iar contul creat va fi șters automat.
Dacă sunteți vizitator al Site-ului, StaRPerformining SRL va prelucra datele dumneavoastră cu caracter personal pe care le furnizați în mod direct în contextul utilizării Site-ului, cum ar fi datele pe care le furnizați în cadrul secțiunii de contact / întrebări / reclamații, în măsura în care ne contactați în acest fel.
46. The StaRPerformining team does not undertake any responsibility for the potential damages resulting from accessing the sites to which the StaRPerformining platform makes reference, as well as from the conclusion of any agreements with persons that perform advertising on the StaRPerformining platform. This Agreement is different from the agreements concluded with the persons who promote various goods and services on the StaRPerformining platform.
7. AMENDMENT, SUSPENSION, CEASE AND TERMINATION
7.1 Amending the User Agreement
47. The User Agreement can be unilaterally modified by StaRPerformining, without a prior notification and without for an explanation in this respect to be necessary. The contractual amendments will be notified to the users by posting them on the StaRPerformining platform. For this reason, we kindly request you to verify periodically the content of this Agreement. By continuing to use our services, you agree with the amendments brought to the User Agreement and you undertake to observe its new provisions.
7.2 Ceasing the User Agreement
48. Both StaRPerformining and the users are entitled to cease this Agreement at any moment, under the condition of a prior notification.
49. As an effect of the cease of the Agreement by the users, they will lose the right to use the services provided by StaRPerformining. Nevertheless, will remain valid after the cease of the Agreement:
– the right of StaRPerformining to use and communicate the users’ opinion regarding the provided services;
– sections nos. 5 and 8 of the Terms and Conditions;
– any amounts owed by any of the parties before the cease of the Agreement, which will be consider as pending after the cease of the Agreement, until their payment.
7.3 Terminating the User Agreement
50. The Termination of the Agreement can be made at the initiative of both StaRPerformining and the users, as a result of the non-observance of the User Agreement by one of the parties. The consequences of the termination will be similar to the ones presented in the case of the cease of the Agreement, with the exception of the situation when the termination of the Agreement takes place due to the users’ default, in which case the amounts corresponding to the unused credits by the said users will no longer be returned to them.
8. DISPUTE RESOLUTION
51. In case of disputes, the parties will attempt to solve them in an amiable manner, and if this is not possible, the litigations resulting from the use of the services provided by the StaRPerformining platform will be solved by the Romanian courts, according to the legislation in force.
B. PRIVACY POLICY
52. The StaRPerformining team pays significant attention to the protection of your personal data. We wish to inform you in a clear and concise way in relation to the manner in which the StaRPerformining platform has the right to use your personal data, as well as to the limits of such use. In the following paragraphs, we will present you the contractual provisions that set forth your and our rights and obligations related to the personal data provided to us. The Privacy policy has the following content:
1. INTRODUCTION
2. THE PERSONS TO WHOM THE PRIVACY POLICY APPLIES
3. THE PERSONAL DATA TO WHICH THE PRIVACY POLICY APPLIES
4. THE USE OF PRIVATE DATA
5. MODIFYING OR ERASING PRIVATE DATA
6. MODIFYING THE PRIVACY POLICY
1. INTRODUCTION
53. The StaRPerformining team intends to create a platform that facilitates the professional recruitment by interested employers of the persons in search of a job. For this purpose, the StaRPerformining platform requests the access to some personal data that individualise you. As a general rule, this Privacy Policy refers to the type of personal data that will be acquired on the StaRPerformining platform and to the manner of using it.
54. We inform you that the StaRPerformining team implemented an adequate security system, which is designed to protect the information provided by you in accordance with the standards in this field, with the observance of the provisions comprised in the relevant national and European laws. Your personal data will be controlled through the client’s name and address.
55. If you do not wish to provide us with your personal data or do not wish for these to be distributed in the context of our services or filtered in any other manner in accordance with this Privacy Policy, Terms and Conditions and Cookies Policy, we kindly request you not to create an account on the platform, not to visit our website and not to access in any other manner our services. By using the StaRPerformining platform, you agree with the terms and conditions of this Privacy Policy.
2. THE PERSONS TO WHOM THE PRIVACY POLICY APPLIES
56. Our Privacy policy applies to any user of the online platform StaRPerformining.
3. THE PERSONAL DATA TO WHICH THE PRIVACY POLICY APPLIES
57. The Privacy policy is applicable to all the personal data provided when using the platform and/or our services. In the following paragraphs, we will present you the type of personal data to which the StaRPerformining platform has access, depending on the manner of collecting it:
3.1. Registration
58. In order to create a StaRPerformining account, you are requested some personal data. If you are a candidate for a job, you need to provide a username, an e-mail address and a password. If you are an employer, you need to provide a username, an e-mail address, a password, the company’s name, the company’s CUI, the name of a contact person and his/her telephone number. By creating an account, the StaRPerformining team, as well as other users will be able to identify you, through your account.
59. In addition, if you wish to use some of our services which are not free, we can request details of your credit card or any other payment details in order to facilitate the payment of these services.
3.2. Creating a profile
60. After registration, you are requested to create a profile by filling in some fields with personal data.
61. If you are a candidate for a job, you are requested, for instance, to provide your name, your telephone number, address, information regarding your professional experience, education, professional certificates, spoken languages etc. Providing this personal data allows you to obtain more benefits from our services, by helping you to build your personal identify and helping the interested employers to find you. In addition, providing this data allows the StaRPerformining team to communicate announcements and advertising in which you could be interested, should you not decide to give up to this benefit. If you are an employer, you are requested, among others, to provide your telephone number, fax, address, postal code and a short description of the company. All this information allows you to create a personal identity and attract potential employees. In addition, providing this data allows the StaRPerformining team to communicate announcements and advertising in which you could be interested, should you not decide to give up to this benefit.
3.3. Assistance for using the platform
62. Anytime you request our help for using the StaRPerformining services, we receive information regarding the posted jobs and the date on which these were posted, your number of credits, the jobs to which you posted and your tests etc. This information is necessary in order to offer you the answers that you are looking for, in order to facilitate the use of our services, as well as to investigate any potential breach of the User Agreement.
3.4. Cookies
63. The StaRPerformining platform uses cookies and similar technologies in order to collect data. The collected information refers, as a general rule, to the features of the device from which you access our services, such as the IP, the used operating system etc. and the manner in which you use our services. This information is necessary in order to recognize you on different devices, to know your interests and to personalize your experience, in order to enhance your security etc. By visiting our services, you agree with the use of cookies and other similar technologies in your browser, according to this Privacy policy and Cookie Policy. You can control the cookies through the settings of your browser and other instruments.
3.5. Accessing the StaRPerformining website and applications
64. The StaRPerformining platform receives information when you access our website, our mobile applications, as well as when you interact with the advertising posted on our online platform. For instance, we know when you perform a search on the site, apply for a certain job, visit a company’s or a candidate’s profile, visit an advertising existing on our website, complete one of our tests etc. If when you visualise the website, you enter your StaRPerformining account, your user information and the dates for entering your account, such as the IP, will be associated to your account.
3.6. Accessing websites belonging to third parties
65. If you visualise web pages which contain our plugins and cookies, we have access to information regarding these actions. If you are logged in as a user when you access webpages containing our plugins, we will use this information in order to personalize the use of the StaRPerformining services. In addition, we can use this information in order to prepare reports containing cumulated information regarding posts. Such reports are transmitted to companies that host our plugins and similar technologies, in view of helping them to measure the traffic generated on their websites. Your personal data will not be transmitted to these companies.
3.7. Others
66. The StaRPerformining platform constantly enhances its services in order to offer you an experience as pleasant and useful as possible. In this respect, new modalities of collecting your personal data can be created. If the collected data will be substantially new, we will modify this Privacy Policy and inform you in relation to the amendments made, as per the section 6 below.
4. THE USE OF PRIVATE DATA
67. By providing your personal data to our services, you agree with the fact that the information transmitted can be viewed by other persons and can be used by the StaRPerformining team in accordance with the Terms and Conditions, the Privacy Policy and the Cookies Policy.
68. The StaRPerformining platform can use your personal data in the following situations:
4.1. Messages and notifications from StaRPerformining
69. The StaRPerformining team will keep in touch with you through e-mail, telephone or other available means. We will use your personal data in order to send you information related, for instance to the availability of our services, new services provided, contractual amendments, sanctions, promotion and advertising, security etc. We inform you that you cannot choose not to receive information regarding our services, as the ones related to contractual conditions, but you can renounce to messages related to promotions and advertising. Aici va fi necesara o bifa prin care sa ai posibilitatea sa nu primesti mesaje referitoare la marketing.
4.2. Revealing private data
70. As a general rule, the StaRPerformining platform does not transmit your private data to other persons than the StaRPerformining users, under the conditions presented below. Nonetheless, there are cases in which, either in view of observing the legal provisions, or for other purposes set forth under this section, we are entitled to transmit to third parties your private data.
71. If you are a candidate, we inform you that no other candidate has access to your private data, without your approval. The users-employers can have access to your private data only after applying for a job posted by them. The information received by the employers refers to your account and profile, the completed tests and their results, as well as the video recording of the interview. The employer will be allowed to contact directly the candidate of which it is interested, based on the information available on the profile.
72. If you are an employer, the other employers, as well as the candidates can access the information regarding your profile, as well as the available posted jobs. In addition, these jobs will be accessible to any visitor of the site, as these are public.
73. Irrespective if you are a candidate or an employer, by using the platform StaRPerformining, you express your approval not to use the private data acquired on this occasion for any other purposes than the one consisting of the search for a job or the recruitment of workforce.
74. The StaRPerformining team protects your data and, in this respect, will not reveal it to third parties except for the following situations: a. with your prior approval; b. when this is necessary to follow your instructions; c. when this is necessary to allow you to use efficiently our services; d. when we appreciate that this is necessary according to the legal provisions or court proceedings; e. if this is necessary in order to reply to the requests addressed to the service of client assistance; f. if it is necessary to apply the User Agreement or to protect the StaRPerformining rights, those of its users or of other persons; g. in case of reorganizing or reopening of insolvency proceedings.
4.3. The observance of legal provisions, court proceedings and of the rights of other persons, including the rights of StaRPerformining
75. We can reveal your personal data contained in your profile, the completed tests and other similar data, as well as data related to your activity as a user or visitor of the online platform StaRPerformining anytime the law requests this, as well as in the context of court proceedings for protecting national security, preventing or sanctioning illicit deeds, protecting the rights, security and integrity of StaRPerformining, of its users or employees and in other similar situations. As a rule, we try to inform the users in relation to the legal requests referring to their personal data, if this is allowed by the law.
4.4. Service providers
76. There are situations when the StaRPerformining team must use the services provided by third parties for maintenance, analysis, marketing, development etc. In such cases, the third parties can have access to your private data, in view of accomplishing their mission, but they are compelled by StaRPerformining not to use such data unless such use is in accordance with the purpose for which the data was transmitted and are compelled not to reveal such data.
4.5. Other situations
77. If revealing the users’ private data is useful or necessary in other situations than the ones described above, the StaRPerformining team will make all the efforts in order to inform the users in relation to this aspect and to request their prior consent.
5. MODIFYING OR ERASING PRIVATE DATA
78. Any user will be able, as a general rule, to modify or erase the personal information provided (profile, posts regarding the available jobs etc.). However, once a job was posted, its features can no longer be modified. In addition, the tests cannot be modified or erased, and they remain valid for 6 months. Furthermore, you can modify or withdraw at any time your consent in relation to collecting, storing and using the transmitted information, by modifying the settings corresponding to your account and profile or by erasing the account.
79. Nonetheless, we will preserve your data even after your account was closed, as long as it is necessary in order to conform with our legal obligations, in order to prevent frauds, as well as in view of applying the User Agreement.
6. MODIFYING THE PRIVACY POLICY
80. The StaRPerformining team reserves the right to unilaterally modify this Privacy policy, without prior notification. The users will be informed in relation to the major changes intervened, by posting the amendments on the platform’s website, as well as, if the case may be, by transmitting a notification by e-mail/SMS etc. In such situations, we kindly request you to read carefully the amendments brought.
81. If you agree with the amendments that occurred, we invite you to continue to use the StaRPerformining services. By continuing to use our services, you agree with the new Privacy policy. If you have objections related to the amendments that were brought to it, you can close your StaRPerformining account and as a consequence, we will cease to collect your private data, to apply the User Agreement and to provide the StaRPerformining services.
C. COOKIES POLICY
82. Small piece of data stored in the User’s device.
Politica privind fișierele cookie
Ultima actualizare: mai 2018
Introducere
Prezenta Politică privind fișierele cookies se aplică tuturor utilizatorilor paginii de internet starperformining.com.ro. Informațiile prezentate în continuare au ca scop informarea utilizatorilor acestei pagini de internet cu privire la plasarea, utilizarea și administrarea cookie-urilor de către StaRPerformining SRL în contextul navigării utilizatorilor pe această pagină de internet.
Ce sunt cookie-urile?
Folosim termenul “cookie”-uri pentru a ne referi la modulele cookie și la tehnologiile similare prin intermediul cărora pot fi colectate informații în mod automat.
Un “Internet Cookie” (termen cunoscut și sub denumirea de “browser cookie” sau “HTTP cookie” ori “cookie”) reprezintă un fișier de mici dimensiuni, format din litere și numere, care va fi stocat pe computerul, terminalul mobil sau pe alte echipamente ale unui utilizator prin intermediul cărora se accesează internetul.
Cookie-urile sunt instalate prin solicitarea emisă de un server web către un browser (de ex.: Internet Explorer, Firefox, Chrome, Edge). Cookie-urile odată instalate au o durată de existență determinată, rămânând “pasive”, în sensul că nu conțin programe software, viruși sau spyware și nu vor accesa informațiile de pe hard driverul utilizatorului pe al cărui echipament au fost instalate.
Un cookie este format din două părți: numele cookie-ului și conținutul sau valoarea cookie-ului.
Din punct de vedere tehnic, doar serverul web care a trimis cookie-ul îl poate accesa din nou în momentul în care un utilizator se întoarce pe pagina de internet asociată serverului respectiv.
Pentru ce scopuri sunt utilizate cookie-urile prin intermediul acestei pagini de internet:
Cookie-urile sunt utilizate pentru a furniza utilizatorilor acestei pagini de internet o experiență mai bună de navigare și servicii adaptate nevoilor și interesului fiecărui utilizator în parte și anume pentru:
- îmbunătățirea utilizării acestei pagini de internet, inclusiv prin identificarea oricăror erori care apar în timpul vizitării/utilizării acesteia de către utilizatori;
- furnizarea de statistici anonime cu privire la modul în care este utilizată această pagină de internet către StaRPerformining SRL, în calitate de deținător al acestei pagini de internet;
- anticiparea unor eventuale bunuri care vor fi în viitor puse la dispoziția utilizatorilor prin intermediul acestei pagini de internet, în funcție de serviciile / produsele accesate.
Pe baza feedback-ului transmis prin cookie-uri în legătură cu modul în care se utilizează această pagină de internet, StaRPerformining SRL poate adopta măsuri pentru ca această pagină de internet să fie mai eficientă și mai accesibilă pentru utilizatori.
Care este durata de viață a cookie-urilor?
Durata de viață a cookie-urilor poate varia semnificativ, depinzând de scopul pentru care este plasat. Există următoarele categorii de cookie-uri care determină și durata de viață a acestora:
- Cookie-uri de sesiune – Un “cookie de sesiune” este un cookie care este șters automat când utilizatorul își închide browserul.
- Cookie-uri persistente sau fixe – Un “cookie persistent” sau “fix” este un cookie care rămâne stocat în terminalul utilizatorului până când atinge o anumită dată de expirare (care poate fi în câteva minute, zile sau câțiva ani în viitor) sau până la ștegerea acestuia de către utilizator în orice moment prin intermediul setărilor browserului.
Ce sunt cookie-urile plasate de terți?
Anumite secțiuni de conținut de pe pagina de internet pot fi furnizate prin intermediul unor terți, adică nu de către StaRPerformining SRL, caz în care aceste cookie-uri sunt denumite cookie-uri plasate de terți (“third party cookies”). Terții furnizori ai cookie-urilor trebuie să respecte, de asemenea, regulile în materie de protecție a datelor și Politica de confidențialitate [LINK]. Aceste cookie-uri pot proveni de la urmatorii terți: Google Analytics, Facebook.
Ce cookie-uri sunt folosite prin intermediul acestei pagini de internet:
Prin utilizarea/vizitarea paginii de internet pot fi plasate următoarele cookie-uri:
Cookie-uri
de analiză a utilizatorilor
Aceste
cookie-uri ne informează dacă un anumit utilizator al paginii de internet a mai
vizitat/utilizat această pagină de internet anterior. Aceste cookie-uri sunt
utilizate doar în scopuri statistice.
Ce tip de informații sunt stocate și accesate prin intermediul cookie-urilor?
Cookie-urile păstrează informații într-un fișier text de mici dimensiuni care permit recunoașterea browserului. Această pagină de internet recunoaște browserul până când cookie-urile expiră sau sunt șterse.
Particularizarea setările browserului în ceea ce privește cookie-urile
În
cazul în care utilizarea cookie-urilor nu este deranjantă iar calculatorul sau
echipamentul tehnic utilizat pentru navigarea pe această pagină de internet
este folosit doar de către dumneavoastră, pot fi setate termene lungi de
expirare pentru stocrarea istoricului de navigare.
În cazul în care calculatorul sau echipamentul tehnic utilizat pentru navigarea
pe această pagină de internet este folosit de mai multe persoane, poate fi
luată în considerare setarea pentru ștergerea datelor individuale de navigare
de fiecare dată când browserul este închis.
Cum pot fi oprite cookie-urile?
Dezactivarea
și refuzul de a primi cookie-uri pot face această pagină de internet dificil de
vizitat, atrăgând după sine limitări ale posibilităților de utilizare ale
acesteia.
Utilizatorii își pot configura browserul să respingă fișierele cookie sau să
fie acceptate cookie-uri de la o pagină de internet anume.
Toate browserele moderne oferă posibilitatea de a schimba setările
cookie-urilor. Aceste setări pot fi accesate, ca regulă, în secțiunea “opțiuni”
sau în meniul de “preferințe” al browserului tău.
Totuși, refuzarea sau dezactivarea cookie-urilor nu înseamnă că nu veți mai
primi publicitate online – ci doar ca aceasta nu va fi adaptată preferințelor
și interesele dumneavoastră, evidențiate prin comportamentul de navigare.
Pentru a înțelege aceste setări, următoarele linkuri pot fi folositoare:
Setări
cookie în Internet Explorer
https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
Setări
cookie în Firefox
https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Setări
cookie în Chrome
https://support.google.com/chrome/answer/95647
Setări
cookie în Safari
https://support.apple.com/kb/ph21411
Setări
cookie în Edge
https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy
Pentru orice întrebări suplimentare cu privire la modul în sunt utilizate cookie-urile prin intermediul acestei pagini de internet, vă rugăm să vă adresați la:
D. HOW TO CONTACT US
StaRPerformining SRL, headquartered in Bucharest, 154 Viitorului street, district 2, registered with the Bucharest Trade Registry under no. J 40/9303/29.07.2015, unique code of identification [CIF] no. 34829187, bank account no. IBANRON: RO75 BACX 0000 0011 7076 2001 si IBAN EUR : RO48 BACX 0000 0011 7076 2002, open with UNICREDIT TIRIAC BANK, with a share capital of 4000 lei, duly represented by Mr. Stănescu Dumitru Radu, as Director;
E-mail: office@StaRPerformining.com
83. If you have questions, complaints or suggestions, we kindly ask you to contact us in the section How to contact us. We thank you for using the services provided by the StaRPerformining platform!
84. Refund policy
(1) If the user of StaRPerformining platform doesn’t wish to use anymore the credits that were bought, and not spent yet, he/she can demand the refund of their value in proportion of 70%.
(2) The procedure for claiming a refund and a return will be made by email to customer.service@StaRPerformining.com.
(3) After the refund of the value of the unused credits as described in paragraph 1, the user of StaRPerformining platform can, at any moment, buy new credits using the account already created.
