ZNAPP - Terms of use

1) ZNAPP as a data platform for talents (job seekers) and employers

ZNAPP is an Internet platform that brings together companies and qualified professionals, i.e. establishes contacts by having talents (job seekers) post a job profile on the platform. ZNAPP has a large amount of search offers from potential employers, who can view the application offers in anonymized form. If such an employer wants to get in touch with a talent, ZNAPP obtains the talent's consent to forward the data and, once consent has been granted, forwards it to the interested employer.

For talents, the use of the ZNAPP platform is free of charge in all phases. For employers, remuneration is only due when they request the specific data of a talent and receive it after the talent's consent. A placement success is not owed.

Each user of ZNAPP agrees to comply with the following terms and conditions, regardless of whether they use ZNAPP through the website or as a mobile APP.

General conditions for the use of the ZNAPP app

2) Protection of the ZNAPP website

As a user of the ZNAPP website, you may not:

1. Use any portion of the Site, Content or Trademarks without our prior written permission, including, but not limited to, modifying any Content, creating derivative works, transferring or licensing, reproducing or otherwise publishing any Content;
2. Interfere with servers or networks connected to the website;
3. "Robots" or "web crawlers" use or launch to access the website;
4. circumvent, disable or otherwise interfere with any security-related features of the Site or features that prevent or restrict the use or copying of any Content or that restrict, disable or otherwise interfere with the use of the Site.

3) Intellectual property rights

1. As a user of ZNAPP, you must observe all copyrights, trademark rights and industrial property rights, insofar as representations and contents are subject to such property rights. ZNAPP may only be used for the intended purpose. All contents and representations of the website and of ZNAPP may therefore not be copied, distributed, modified, sold or licensed beyond the intended use.
2. To the extent that third-party sources and content are accessed through the use of ZNAPP, we assume no responsibility for the content and use thereof.

4) Registration

1. ZNAPP is used by registered users.
2. During the registration process you will have to provide certain contact and personal information such as your name, email address, and phone number. We will clearly mark the fields that must be filled in. To register and then log in, you must provide your email address and password. We may also, from time to time, establish additional or different means of identification and authentication to log in and access the Service. You are required to keep your login information absolutely confidential and not to disclose it to any third party. You should change your password frequently and at least every six months.
3. You are responsible for all content you upload or complete, including links to other websites that you may upload as part of a User Submission.
4. You are required to provide true, accurate and complete information during the registration process.
5. You can remove your user profile at any time. We are authorized to require further conditions from you for the removal, such as verification of your identity. After removal, you will no longer be able to access the Service as a registered user with the previous credentials. Your entered data will be deleted upon removal of your user profile. A renewed use of ZNAPP requires a new registration. Your previous data can no longer be used in this process.
6. We may temporarily or permanently restrict, suspend or terminate your User Profile, including, without limitation, prohibit you from accessing ZNAPP, remove your uploaded Content, and take technical and legal action to keep you off the Service if we reasonably determine,
   • that you are abusing your rights to use ZNAPP, including but not limited to materially violating or having violated these Terms of Use;
   • You behave unlawfully or,
   • You have taken any action or made any omission that is or may be harmful to us or to any or all users of ZNAPP; or
   • there is any other important reason.

5) Privacy

All ZNAPP servers are operated according to the highest security standards in Germany. Your data is stored and processed according to DSGVO. Data security is regularly audited by external companies. The use of your personal data that we collect or receive in connection with the website is governed by our Privacy Policy, which you can access via the link in the footer of our website.

6) Duty to cooperate

1. We constantly strive to protect you from harassment, such as hacker attacks or spam. To this end, we have developed numerous technical and organizational standards to detect violations of the usage guidelines and, in particular, to prevent misuse of our services. In the event of anomalies, we will contact you. You are obligated to take a stand immediately. Recommendations for action should be seriously considered by you and only rejected in the case of important reasons.
2. Both talents and companies should check each other's information outside ZNAPP and notify us if they find any inaccuracies. This allows us to remove user profiles temporarily or permanently (item 4) f)).

7) Availability

1. We strive to provide our service continuously 24 hours a day, seven days a week, with an annual average availability of 99.5%. Excluded from this are downtimes due to maintenance and software updates as well as times when the service cannot be accessed via the Internet or the app provider due to technical or other problems beyond our control (force majeure, e.g. hacker attack, fault of third parties, etc.).
2. In order to use ZNAPP to its full extent, you must use or enable the use of the latest common technologies on your device (e.g. PDF Reader), the latest (browser) technologies (e.g. JavaScript, cookies, popups), a current Android or iOS version. If older or not commonly used versions or technologies are used, you may have limited use of ZNAPP. Also, the installation of common programs and applications that can be purchased free of charge from third-party providers may be required for full use.

8) ZNAPP operator, communication

The operator of ZNAPP is HeyScout GmbH with its headquarters in D-82301 Grünwald near Munich. You can find more details in our imprint, which you can access via the link in the footer of our website. The legal relationship when using ZNAPP is entered into with HeyScout GmbH. ZNAPP is an online service. The communication with HeyScout GmbH takes place via the screen mask in the logged-in state or via e-mail. Invoices are sent by e-mail. Telephone, fax or postal communication only takes place in case of questions concerning the conclusion of the contract, payment or data protection. Otherwise, telephone, fax or postal communication is excluded, including when concluding a contract with companies that request the sending of personalized talent data for a fee.

9) Assignment

All rights associated with the use of ZNAPP cannot be assigned or otherwise transferred. They are available only to you personally.

10) Disclaimer of warranty

1. The Website and ZNAPP are provided for use without warranty or guarantee of any kind. As a user, you agree that the Website and ZNAPP may be used only "as is". We do not warrant that the Website and ZNAPP will be free of programming errors. The Website and ZNAPP will occasionally and for short periods of time be unavailable, particularly for purposes of routine maintenance and updating (Section 7 above).
2. As a user, you cannot hold us liable for any disadvantages or impairments resulting from the use of the website and ZNAPP database, such as slow internet connections, traffic jams or other similar technical effects.
3. We are not responsible for the accuracy of the entries in the job profile or the job advertisement. We are therefore not liable for the content that you enter into the database, nor for the fact that we have not immediately deleted data that can be deleted, unless the failure to delete was intentional or grossly negligent.
4. All liability and warranty exclusions shall also apply in favor of all our current and former bodies, employees, staff and vicarious agents, irrespective of the legal grounds on which claims are asserted against them.
5. Liability for culpable injury to life, limb and health; and in the event of fraudulent concealment of a defect; and in the event of the assumption of a guarantee for the quality of the website and ZNAPP database; as well as liability under the Product Liability Act shall remain unaffected.
6. In all other respects, the following shall apply to our liability for damages and reimbursement of expenses: In the event of intent and gross negligence or on the part of our legal representatives or vicarious agents, we shall be liable in accordance with the statutory provisions and without any limitation of liability in terms of amount. In the event of culpable breach of essential contractual obligations, our liability shall be limited to the amount of the foreseeable, typically occurring damage, provided there is no intentional or grossly negligent breach of contract. In all other cases, liability for simple negligence is excluded.

Conditions for the use of the ZNAPP app by the talents

11) Setting of data - Prohibited content, power of deletion

Prohibited from posting the following content by talent:

1. Untruthful information about the profiles;
2. Data without context, especially spam;
3. Data protected by copyright or by trade secrets, if there is no consent of the entitled person;
4. Data belonging to third parties or subject to data protection and publicity rights, unless the third parties have consented to the setting of the data;
5. Data that poses a risk to the safety or health of an individual or a risk to public safety or that interferes with a law enforcement investigation;
6. Data that is defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that establishes illegality, particularly promoting conduct that is considered a criminal offense or gives rise to civil liability;
7. Data obtained through theft, betrayal of secrets or terrorism;
8. Data that is malicious or fraudulent or inappropriate;
9. Data that is unfair or misleading;
10. Data with which the talents impersonate other people.

The operators of the ZNAPP database (hereinafter referred to as the operators) are authorized to delete the data posted by the talents if the aforementioned prohibitions are violated.

12) Other databases

ZNAPP is entitled to communicate the application offers of the Talents in an equally anonymized form to other search offers of potential employers whose search offers are contained in other databases. If such potential employers are interested in contacting the Talent, this will only be done via ZNAPP (section 13).

Conditions for the use of the ZNAPP app by employers

13) Free use of our database and paid transfer of contact details

1. Companies can register with ZNAPP free of charge. Afterwards, the companies receive suitable job offers by mail. If a company is interested in a specific job offer, the company can request the transfer of personalized data to ZNAPP. ZNAPP then obtains the talent's consent to the transmission of the data.
2. If the consent is granted, ZNAPP notifies the company. The company can then click on the "Activate Talent" button and is given the opportunity to pay online the fee for ZNAPP's services as specified in the portal. After successful payment, the invoice is available for download and is sent by e-mail at the same time. Furthermore, the personalized data of the talent will be activated at the same time and the communication channel via chat within ZNAPP with the respective talent will be activated. The talent can now be contacted via the then available personalized contact data such as e-mail or phone number and/or via the ZNAPP integrated chat function.

14) Prohibition of fake data, scamming or the like

Companies are only permitted to request and establish contact with talent if the company has a serious interest in hiring the requested talent. In particular, it is prohibited to pretend an interest in hiring a talent with goals other than hiring.

Final provisions

15) Applicable law

This Agreement shall be governed by the laws of the Federal Republic of Germany, excluding German conflict of laws provisions. For talents domiciled outside Germany or for employers with company headquarters outside Germany, the law of the country in which you have your domicile or company headquarters may also apply if necessary, provided that these are mandatory provisions.