Terms of Use for the Talent Portal
FERCHAU GmbH, Steinmüllerallee 2, 51643 Gummersbach ("FERCHAU") offers applicants (m/f/d) ("USERS") the Use of an online talent portal ("APPLICATION") as a free service, on which USERS can store, view and adjust their data (in particular name, contact data, etc.) and manage their applications.
The following terms of Use apply to the Use of the APPLICATION, which the respective USER confirms with his registration. The USER can access, print or save these terms of Use at any time via his access to the APPLICATION and can also request them by e-mail from FERCHAU.
1. Subject of the APPLICATION
1.1 The APPLICATION enables the USER to store, view, amend and change his data, in particular name, contact details, qualifications, career history, etc., ("User Data") and to manage his applications to FERCHAU.
1.2 Before using the APPLICATION, the account must be set up and activated by the USER logging in for the first time. The username is provided by the system and corresponds to the USER's e-mail address. The USE has to create a password. The password can be changed by the USER at any time after the first login to the APPLICATION. The USER undertakes to choose a strong and secure password and to keep it secret. If the APPLICATION is used by third parties using the USER'S sword (third-party use), the USER shall be subject to the same obligations as in the case of own use. This obligation shall not apply to the extent that the USER is not responsible for the third-party use.
1.3 If the USER wishes to change the User Data he has entered, he can change such User Data at any time in the APPLICATION itself. The USER may also delete his account at any time.
1.4 The Use of the APPLICATION is free of charge for the USER – except for the usual connection fees for internet use.
2. Access rights and restrictions
2.1 Subject to these Terms of Use, FERCHAU shall endeavor to make the APPLICATION available to the USER for access via the internet to enable the USER to access the APPLICATION remotely and to use it solely for interaction as described in Section 1 ("Permitted Use"). The USER acknowledges that 100% availability of the APPLICATION cannot be technically realized. In particular, maintenance, security or capacity concerns as well as events beyond FERCHAU's control (for example, power outages, hacker attacks, public communication network failures, etc.) may result in short-term disruptions or temporary suspension of the APPLICATION. FERCHAU may use its own IT systems and IT systems of third parties for the operation of the APPLICATION within the limits permitted by data protection law.
2.2 Except for the limited rights expressly granted herein, no rights or title to the APPLICATION are transferred to the USER. All rights of ownership and use not expressly granted to the USER under these Terms of Use are reserved by FERCHAU. FERCHAU shall own all right, title and interest in and to all copyrights, trademarks, patent rights and other intellectual property or other rights in the APPLICATION.
2.3 The USER is prohibited from making the APPLICATION available to third parties. The USER is also prohibited from the following: (a) copying, translating, disassembling, decompiling, reverse engineering or otherwise modifying any portion of the APPLICATION; (b) transmitting any content, data or information that is unlawful, abusive, harassing, tortious, defamatory, vulgar, libelous, invasive of another's privacy or personal rights, or discriminatory toward any race or ethnic group, or otherwise objectionable; (c) fringing the intellectual property rights of any person or entity; (d) interfering with or disrupting the software or systems hosting or connected to the APPLICATION; (e) circumventing or disclosing user authentification or security features of the APPLICATION or any host, network or account connected thereto; (f) accessing the APPLICATION in order to create a competing product/service or to interfere with the functions or user interface of the APPLICATION; (h) granting access to the APPLICATION to a direct competitor of FERCHAU; or (i) using the APPLICATION in any manner that violates any applicable local, state, or federal law or regulation, or any international or foreign law or regulation.
2.4 FERCHAU is entitled to immediately block access if there is reasonable suspicion that the data stored by the USER is illegal and/or infringes the rights of third parties. A reasonable suspicion of illegality and/or infringement of rights exists in particular if courts, authorities and/or other third parties inform FERCHAU thereof. FERCHAU shall immediately notify the USER of the block and the reason for it. The block shall be lifted as soon as the suspicion has been allayed.
3. Data
3.1 The USER is responsible for the content of its User Data and the entry of these in the APPLICATION. The USER undertakes to comply with all applicable laws, rules, statutes, orders and regulations with regard to the use of the APPLICATION.
The USER warrants that he has collected and will maintain and handle all User Data in accordance with all applicable data protection laws, rules and regulations. In particular, the USER ensures that, in the event of the entry of personal data - where required - all individuals concerned have given their prior consent to the possible processing of personal data or have obtained other legal permission.
3.2 FERCHAU processes the USER's personal data in order to (a) set up, operate, monitor, analyze and provide the APPLICATION; (b) use the USER's data in accordance with the contractual purpose explained in Section 1 of these Terms of Use; (c) otherwise improve the use of the APPLICATION; (d) contact to be made with the USER
3.3 In all other respects, the FERCHAU privacy declaration shall apply in its currently valid version (www.ferchau.com).
4. Disclaimer
FERCHAU shall not be liable for any damage caused by the USER choosing an inappropriate password or failing to keep the password secure. Furthermore, FERCHAU shall not be liable for any damage caused by the USER allowing a third party to access the APPLICATION.
5. Subject to change
FERCHAU reserves the right to change the services offered in the APPLICATION or to offer different services. Changes to the Terms of Use will be communicated to the registered USER by e-mail. They shall be deemed accepted by the USER if the USER does not object to the changes within two weeks of receip shall be sufficient to send the objection within the aforementioned period.
If this is unreasonable for the USER, the USER may delete his account himself at any time or request this by sending a message to FERCHAU.
6. Term and termination
6.1 The agreement on the Use of the APPLICATION governed by these Terms of Use is valid from the beginning of the use of the APPLICATION by the USER. It may be terminated by either party at any time.
6.2 In addition, FERCHAU may deactivate the USER's access data and/or temporarily block access to the APPLICATION or any part thereof if FERCHAU determines that continued use of the APPLICATION may result in damage to the APPLICATION, including the systems used, and infringement of FERCHAU's or third party's intellectual property rights or any other rights of third parties. FERCHAU will notify the USER of any such suspension or termination and the reason therefor.
6.3 The agreement shall also end automatically at the time at which the legal basis for the processing of the USER's personal data by FERCHAU ceases to exist. The USER will be informed of this once again in advance.
6.4 In addition, the agreement shall also end at the time when the USER has entered into an employment relationship with FERCHAU.