General Terms and Conditions and Data Protection Provisions

1. SCOPE

1.1. These general terms and conditions and data protection provisions (hereinafter "GTCs") constitute a binding agreement between yourself and Skillue AG (hereinafter "SKILLUE") concerning the services offered by SKILLUE as well as the use of information and services on the online platform http://www.skillue.com/ and the associated sub-domains (hereinafter "the platform") and on the mobile applications (hereinafter "the mobile app") of SKILLUE for Apple and Android products.

1.2. The object of these GTCs is the use of the products, services and data bases of SKILLUE (hereinafter "SKILLUE products") which are made available to SKILLUE employees and employers. When using individual SKILLUE products you may be requested to accept the GTCs by adding a corresponding tick on the platform or on the mobile app.

1.3. The products and services of SKILLUE are intended for employers and employees, while at the same time the platform is accessible worldwide.

1.4. In particular the provisions in section 7 apply concerning data protection.

1.5. The GTCs apply until they are revoked or changed by SKILLUE. You hereby explicitly waive the use of your own general business or purchase terms if you have any such in place.

1.6. By accessing the platform or using the mobile app and SKILLUE products you agree to these GTCs in full and confirm that you belong to the circle of people for whom SKILLUE products are intended. Do not use the platform, mobile app or SKILLUE products if you do not accept the GTCs.

2. OFFER

2.1. Offer for employees

2.1.1. SKILLUE provides free services for employees. The current range of services is listed on the platform and on the mobile app. Unless otherwise stated in the list of current services, SKILLUE offers the following:

a) Free registration on the platform and on the mobile app.

b) Free creation and placement of an employee profile on the platform and on the mobile app.

c) Free matching of the anonymous employee profile with search profiles of registered employers.

d) Free preparation of suitable job advertisements on the basis of employee CVs and employee profiles.

e) Free use of the skill manager (creation and linking of your skills/strengths).

2.1.2. A contract about the free creation of employee profiles and preparation of suitable job advertisements on the basis of employee CVs or employee profiles shall only be concluded when SKILLUE has confirmed this to you in writing or by e-mail.

2.2. Offers for employers

2.2.1. SKILLUE provides fee-based services for employers. The current range of services is listed on the platform. Unless otherwise stated in the current range of services, SKILLUE offers the following:

a) Registration of a company login on the platform or on the mobile app.

b) Creation of an employer profile with search profile (based on skills of candidates incl. filter functions) and talent pool.

c) Online placement of job advertisements.

d) Matching of the search profile with anonymous employee profiles.

e) Contact options and monitoring of employees after successful matching.

2.2.2. A contract between SKILLUE and the employer shall only come into effect once SKILLUE has confirmed this in writing or by e-mail to you and the payment referred to in section 4.1./4.3. has been made.

3. USE OF THE PLATFORM BY EMPLOYEES

3.1. Provided that you have created an employee profile or uploaded a CV on http://www.skillue.com you are considered an employee in the sense of these GTCs and can benefit from the SKILLUE range of services free of charge.

3.2. SKILLUE explicitly intends that its fee-based offers only be used by registered employers. SKILLUE does not check whether registered employers do in fact intend to employ someone or not. SKILLUE assumes no responsibility for the selection process and the employment-related decision by the employer.

3.3. By providing your data (creation of an employee profile as well as uploading of the CV) you consent to the use and processing of this data as well as the disclosure in the manner described in these GTCs (see section 7).

3.4. SKILLUE will make your employee profile accessible to interested employers on the platform or via the mobile app in anonymised form. By accepting a contact request from an interested employer or personally contacting an employer, you give SKILLUE your explicit consent to disclose your identity and complete employee profile to the corresponding employer. You have the right and possibility to revoke your consent at any time. Employees bear the sole responsibility for the content of their profiles or CVs. You guarantee the accuracy, completeness and up-to-dateness of the information contained therein, in particular the listed skills.

3.5. Registered employees are obliged to manage their usernames and passwords confidentially and not to make them accessible to third parties.

3.6. Your data and personal details must not infringe the intellectual property of third parties, personal rights or other rights of third parties. You are not permitted to publish illegal content, in particular content of a racist, pornographic or slanderous nature on the platform or mobile app.

3.7. SKILLUE reserves the right to decline data of employees without warning and statement of grounds, delete employee profiles and CVs from the database or remove hitlists in your offer which do not meet the content-related orientation of the platform or the mobile app or other requirements of the GTCs. SKILLUE may decline employees when their capacities for due creation and offering of hitlists have been exceeded. Furthermore, SKILLUE reserves the right to ban users from further SKILLUE products.

3.8. SKILLUE reserves the right to use and process the data in employee profiles as well as other personal data of employees for future functions of the platform or mobile app.

4. USE OF THE PLATFORM BY EMPLOYERS

4.1. Provided that you create a fee-based employer profile on the platform or on the mobile app or upload a job advertisement on http://www.skillue.com, you are considered an employer within the meaning of these GTCs and can benefit from the range of services of SKILLUE. The prices and payment terms are as specified on the platform.

4.2. As an employer you are allowed to use the search function of the platform or mobile app to search for suitable candidates. When doing so, data is presented to you only in anonymised form. Employers only receive access to employee data if the employee gives consent to SKILLUE to disclose the data to the employer. Employees may revoke their consent at any time.

4.3. The fee for the cost-based range of services chosen by you must be paid within 30 days via the stated payment options after creation of the employer profile or uploading the job advertisement. SKILLUE is entitled but not obliged to not activate or to only partially activate the service until the payment has been received.

4.4. Registered employers are obliged to manage their usernames and passwords confidentially and not make them accessible to third parties. The information that is made available to you via the platform or mobile app is solely intended for your use as an employer and may by no means be distributed to others.

4.5. Employers hereby undertake not to use the information provided on the platform for:

(a) Pursuing another purpose than that of the search of employees for your company, in particular the advertisement of special offers, products or services;

(b) Sending of messages with potentially slanderous or offensive content;

(c) Sending of messages to persons who have explicitly requested that they no longer be contacted by you;

(d) Recruitment of persons for franchise, pyramid or snowball schemes, club memberships, multi-level marketing or activities that are actually or apparently independent; or

(e) Recruitment of persons for activities in the sex industry.

4.6. The detailed information about each individual employee constitutes a personality profile within the meaning of Art. 3 (d) of the Federal Law on the Protection of Data (DSG). You are obliged to observe the provisions of the DSG when handling such information, and as soon as you no longer need it, to completely and definitively delete all such information from the platform. Information about employees who are currently employed by you is reserved.

4.7. SKILLUE is not obliged to check or update the data of registered employees in any way.

5. WEBSITE CONTENT AND FUNCTION

5.1. SKILLUE is entitled to block content and information at any time when, according to the assessment of SKILLUE, there is reason to suspect that legal or contractual provisions may have been breached. SKILLUE is entitled to maintain the ban until the elimination of these grounds for suspicion.

5.2. SKILLUE endeavours to reduce any restrictions, interferences, disconnections or other limitations of the use of the web services as far as technically possible. Please note that such limitations cannot be excluded given the current state of communication technology. This especially applies to those contents and transmission paths which lie outside of SKILLUE's sphere of influence.

5.3. SKILLUE reserves the right to temporarily restrict the web services due to maintenance work and enhancements insofar as these serve the due or improved operation.

5.4. SKILLUE does not guarantee that the content of the website corresponds to the expectations of the employees or employers or that a certain objective pursued by them is achieved by means of the contents. SKILLUE does not guarantee that the website will be available to users at certain times. In particular, SKILLUE does not assume any responsibility in the event of disruptions, interruptions or downtime of the platform.

5.5. Some of the contents published on the platform also originate with third parties. SKILLUE and its data suppliers cannot guarantee the accuracy, completeness or up-to-dateness of such contents, so any such warranty is excluded.

5.6. Links to other websites can be found on the platform. SKILLUE does not consider the content of third party's websites as its own. SKILLUE does not guarantee that the contents on these websites are true, correct, lawful or legally harmless. SKILLUE accepts no liability for the freedom from viruses of the platform. SKILLUE also does not consider the content of banners and other advertising spaces as its own and accepts no liability for such content.

6. LIABILITY

6.1. Irrespective of the legal grounds, SKILLUE shall only be made liable in the case of wilful or gross negligence or personal injury, provided that the law does not stipulate any mandatory liability provisions that go beyond this. Liability for lost profit, indirect damage, consequential damages and the liability for delegated associates are excluded to the fullest extent permitted by law.

6.2. You are obliged to compensate SKILLUE for all damages which it incurs due to your breach of contractual or legal provisions. Should SKILLUE be made liable by a third party in connection with an actual or alleged infringement of the GTCs by you, you shall completely indemnify SKILLUE and advance and pay all damages and costs related to the courts, lawyers and experts.

7. DATA PROTECTION

7.1. SKILLUE ensures compliance with the Federal Act on Data Protection (DSG; SR 235.1) and the associated Ordinance (VDSG; SR 235.11) in its current version.

7.2. The platform is addressed to employers and employees and can be accessed via the Internet by anyone. At the time of disclosure personal data is conveyed to SKILLUE, particularly via forms on the platform or on the mobile app, and this is exclusively saved by SKILLUE, or in connection with the SKILLUE products, on a server in Switzerland.

7.3. SKILLUE processes all personal data that are made available to it by employees and employers in connection with the offer of SKILLUE products. Unless consent has been given for further processing or use, all personal data at SKILLUE shall be saved, processed and used for the purpose of providing services of SKILLUE, in particular the access, use and billing, for administrative and marketing purposes, for further development (additional functions) of the platform or the mobile app as well as other purposes mentioned in this paragraph. You have the right at any time to ask SKILLUE for information about the personal data concerning you, or to request its correction or deletion.

7.4. Personal data is only transmitted to third parties if this is required for contract processing and the provision of services by SKILLUE. Registered employers basically have access to anonymised data of registered employees. You hereby agree that SKILLUE may only pass on your personal data to employers that have shown interest in your profile.

7.5. When the platform is accessed, cookies (strings of information that are sent by a website and saved on the user's computer) may temporarily be saved on the computer of the user or be retrieved via the computer of the user. This makes it possible to identify the computer that accesses the platform and to make navigation shortcuts available to the user to his/her advantage. By changing settings to the Internet browser one can prevent cookies from being placed on a computer. Depending on which browser setting was selected, it can happen that blocking cookies reduces the functionality of the platform or prevents access. SKILLUE accepts no liability for any such restriction of the platform.

7.6. This website uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and that enable an analysis of your use of the website. The information provided by the cookies regarding your use of this website is normally transferred to and stored on a Google server in the USA and saved there. In the event of an activation of the IP anonymisation on this website, your IP address will first be truncated within the member countries of the European Union or in other contracting states of the convention across the European economic area. Only in exceptional cases the complete IP address is transmitted to a server of Google in the USA and truncated there. On behalf of the operator of this website Google will use this information to evaluate your use of the website, issue reports on website activity and provide other services associated with the website and Internet use to the website operator. The IP address transmitted by Google Analytics from your browser will not be merged with other data of Google. You can prevent the use of cookies by selecting the corresponding setting in your browser software; please note that by doing so, it is possible that you will not be able to fully use all functions of this website. Furthermore, you can prevent the registration of your data (incl. your IP address) when using the website, generated by the cookie, with Google as well as the processing of this data by Google by downloading and installing the available browser plugin at the following link (http://tools.google.com/dlpage/gaoptout?hl=de).
You can prevent the registration with Google Analytics by clicking on the following link. An opt-out cookie is placed which prevents future registration of your data when visiting this website.
<a href=“javascript:gaOptout()“> deactivate Google Analytics</a>

Further information on the terms of use and data protection can be found at http://www.google.com/analytics/terms/de.html or at https://www.google.de/intl/de/policies/. Please note that on this site Google Analytics was expanded with the "anonymizelp" code in order to ensure an anonymous registration of IP addresses (so-called IP masking).

8. AMENDMENTS TO THESE GTCs AND SEVERABILITY CLAUSE

8.1. The Internet and online offers are subject to constant changes both in terms of content and technical aspects. SKILLUE reserves the right to change these GTCs and its offers and services pursuant to the following provisions.

8.2. SKILLUE shall announce changes of the GTCs, offers and services on the platform. If a person objects to a change in writing within 30 days to SKILLUE, the change shall be deemed as declined and the previous version shall continue to remain effective for this person; otherwise the change shall be deemed as accepted.

8.3. If any provisions of these GTCs shall become null and void or proven to be invalid, the remaining provisions of the GTCs shall not be affected.

9. APPLICABLE LAW AND JURISDICTION

9.1. Swiss law, to the exclusion of international private law, applies to all relations between you and SKILLUE and to all disputes arising from them.

9.2. The exclusive place of jurisdiction is Basel, Switzerland. SKILLUE reserves the right to also take legal action against you at your domicile or place of residence.