SCOPE OF APPLICATION
The website www.PolarJobs.com (hereinafter Polar Jobs.com) provided by Polar Journal AG, Alpenstrasse 15, CH-6300 Zug (hereinafter “Polar Jobs”) provides comprehensive personnel recruitment solutions and strives to continuously improve and further develop its products and services. These Terms and Conditions (hereinafter “T&Cs”) are applicable to all products and services offered by the Owner to employers, recruiters, or other business customers (hereinafter “Customers” or “You”).
These T&Cs are applicable to Customers regardless of whether Customers make use of Polar Jobs.com products and services via a website operated by the Owner, by telephone or any other way.
These T&Cs do not apply to job seekers. For this group of persons our Terms of Use for Job Seekers apply.
Polar Jobs offers Customers the following general services:
Polar Jobs strives to continuously develop its range of products and services. Polar Jobs reserves the right to add new services at any time and to change existing services, to develop them further or to discontinue them in whole or in part. The Customer acknowledges and agrees that Polar Jobs reserves the right, to make necessary or advisable changes and adjustments to products and services at any time to optimize and update the technical processes, for legal reasons and other reasons (e.g. good governance).
By entering into this agreement, the Customer acknowledges and agrees that all information (including personal data, unless anonymization or pseudonymization is possible or practicable) from job ads may be further used by Polar Jobs for purposes of trend analysis and product development. The Customer acknowledges and agrees that Polar Jobs may, at its sole discretion, use third party services and software solutions (e.g. AI solutions).
For contracting and advertising purposes, company information (particularly the company name, company address, and, if applicable, different billing address, telephone number, industry, and number of employees) and information of a contact person (including name, e-mail address and telephone number) are required.
Customer and Polar Jobs conclude a contract agreement in written format for a respective fee-based service. The agreement shall become effective upon signature by both parties and services are rendered once the fees are fully paid to Polar Jobs. The duration of the respective cooperation is indicated in the contract agreement.
The Customer may terminate the contract for a fee-based service in writing at any time to the end of the current month by sending an email to Polar Jobs (e-mail address: info@polarjobs.ch). In this case, Polar Jobs shall be released from all its performance obligations under the contract. The Customer remains obligated to pay the full fee to Polar Jobs. Upon receipt of the notice of termination, any fees not yet fully paid to Polar Jobs shall become due and payable. The Customer shall have no right to a refund of payments already made.
Polar Jobs may terminate the contract for a fee-based service at any time in writing period by letter or by e-mail without giving reasons and at any time to the end of the current month. If the termination is made by Polar Jobs during an ongoing fee-based service offer, the contract shall end with the complete provision of the products or services used by the Customer by Polar Jobs and the complete payment of the remuneration (if not already provided) by the Customer to Polar Jobs.
Moreover, both Polar Jobs and the Customer may unilaterally terminate the contract for a fee-based service with immediate effect for good cause if continuation of the contract cannot reasonably be expected of the terminating party in good faith. In such a case, both parties shall be released from their contractual obligations as soon as the termination becomes effective. There is no entitlement to a refund of payments already made. Signs of unlawful use of personal data by the Customer, for example, constitute good cause for the termination of the contract.
After the end of the contract, Polar Jobs is not obliged to retain the data and documents sent to it or to return the data to the Customer, unless retention or return has been expressly agreed or there is a statutory retention obligation.
Job or other ads must be provided to Polar Jobs in the Customer’s name and contain the name and contact information of a contact person of the Customer. The Customer bears the sole responsibility for the content of its job or other ads. The Customer guarantees that all information contained in an ad is accurate and up to date. For security and data protection reasons, Polar Jobs will only provide contact information if explicitly desired and confirmed by the Customer.
Only job ads and/or company profiles may be published on Polar Jobs` website. Job ads and company profiles must comply with all legal requirements and must not infringe any intellectual property of third parties, rights to privacy or other third-party rights. Customers agree not to post any illegal content via Polar Jobs, especially content of a racist, pornographic or defamatory nature. The following content is particularly inadmissible:
Job Ads provided by Customer must be related to polar regions. Polar Jobs reserves the right to decline any job ads in case the content does not have reference to jobs in the polar regions. Each job offer posted must refer to a job vacancy that needs to be filled. Customers agree not to reactivate a job offer until a new vacancy needs to be filled.
The Customer warrants that the content shared with Polar Jobs is free of malware.
Until final clarification of the facts, Polar Jobs may suspend publishing potentially illegal or infringing content without prior notification of the Customer. The claim for payment remains valid even if the content is taken offline.
Polar Jobs reserves the right to remove job or other ads and/or company profiles with inadmissible content from the website at its sole discretion without prior notice and without stating any reasons. Polar Jobs also reserves the right to block Customers from further services of Polar Jobs at its sole discretion and to terminate the underlying contract for good cause. Any payments already made will not be refunded.
The Customer undertakes to ensure that all content submitted to Polar Jobs for publication is unencumbered by any third-party rights. The Customer hereby guarantees that it has all rights necessary for publication of the content, particularly copyrights, trademark rights and design rights. The Customer undertakes to indemnify and hold Polar Jobs harmless from and against all loss or damage arising from a third-party claim asserted against Polar Jobs for infringement of proprietary rights on the grounds of publishing the Customer’s content.
If Polar Jobs is notified by a third party of a possible infringement of proprietary rights, the content in question will be taken offline without prior notification of the Customer until the matter is clarified. The claim for payment remains valid even if the content is taken offline.
Polar Jobs further reserves the right to remove or modify any content regarding which an infringement of proprietary rights is claimed, at its sole discretion and without prior notice to the Customer. Furthermore, Polar Jobs reserves the right to block the Customer from further services of Polar Jobs at its sole discretion and to terminate the underlying contract for good cause. Payments already made will not be refunded.
Customers may use the services provided by Polar Jobs exclusively in accordance with the applicable laws and may only use the personal data transmitted by Polar Jobs in the context of the provision of services in connection with the services of Polar Jobs and as specified on the website. Customers may not use the personal data for purposes other than recruitment. In the event of improper use, which is to be determined at the sole discretion of Polar Jobs, Polar Jobs further reserves the right to block Customers from further services and to terminate the underlying contract for good cause. Any payments already made will not be refunded in this case. The assertion of further legal remedies, including possible claims for damages of Polar Jobs and/or Polar Jobs’ injured parties, is expressly reserved.
The price of fee-based services is shown in the agreement on the relevant fee-based service. The Customer’s obligation to pay for fee-based services arises upon signing the respective contract agreement. Unless agreed otherwise, invoices of Polar Jobs shall be paid within 30 days after receipt of invoice without deductions and excluding set-off, unless other payment terms have been explicitly agreed. In the event of late payment, default interest of 5% of the total invoice amount and, from the second formal notice onwards, an additional reminder fee of CHF 100 will be charged. Claims asserted by the Customer shall not entitle the Customer to withhold agreed payments. Polar Jobs may commission third parties with the collection and is entitled to assign the invoice claim(s) to third parties. Any additional costs incurred by Polar Jobs in this context shall be borne by the Customer. If the Customer is in default with the payment of invoices, Polar Jobs is entitled to suspend the services without prior notice and to block the Customers from further services of Polar Jobs. In addition, Polar Jobs is entitled to terminate the contract for good cause. If a staggered payment has been agreed and the Customer is in default with the payment of one instalment, such default shall render all outstanding instalments due and payable immediately.
The protection of personal data is important to Polar Jobs. Polar Jobs therefore always treats the Customers’ personal data with the greatest care, in accordance with the applicable data protection regulations. The current version of the Privacy Policy published on the respective website of Polar Jobs shall apply.
All proprietary and intellectual property rights on Polar Jobs’ website, particularly copyrights and rights to trademarks, designs and know-how, shall remain with Polar Jobs.
Polar Jobs grants Customers a non-exclusive, non-transferable right to publish on the website in accordance with these T&Cs for the duration of the contractual relationship. Any further use or reproduction of the proprietary and intellectual property rights without the expressed consent of Polar Jobs is prohibited.
Although Polar Jobs takes every effort to ensure accuracy, Polar Jobs does not give any warranties regarding the website or the services offered by Polar Jobs; in particular, Polar Jobs does not give any warranties:
Although Polar Jobs performs regular backups, data loss cannot be ruled out entirely.
Polar Jobs shall be liable exclusively for loss or damage caused intentionally or through gross negligence.
Polar Jobs also publishes third-party offers and content and/or links to third-party offers or websites on its website. Polar Jobs has no control over the content of external links and assumes no liability for the content of such external links, including the accuracy, completeness, reliability, or suitability for specific purposes. Upon corresponding notification by users, illegal content will be removed immediately.
The Terms and Conditions shall apply in their current form. Polar Jobs may amend these Terms and Conditions at any time without prior notice and without informing Customers.
The integral parts of the contract are as follows (to the extent available or applicable in the specific case): (i) the written contract agreement concluded between Polar Jobs and the Customer, (ii) the written offer with service description specific to Customers, (iii) Polar Jobs’ written order confirmation, (iv) these T&Cs applicable at the time of use of a service and posted on Polar Jobs’ website, (v) Polar Jobs’ Code of Conduct and (vi) the Privacy Policy. In case of ambiguities or contradictions between the individual contractual documents, the above order of precedence shall apply, except that the Privacy Policy shall take precedence over all other documents in each case.
Any contractual terms and conditions of the Customer that deviate from or conflict with the present T&Cs shall be deemed null and void. Anything to the contrary shall only apply if Polar Jobs explicitly consents in writing to the applicability of the Customer’s contractual terms and conditions. For the sake of clarity: Expressions such as in writing in these T&Cs and the special terms and conditions do not mean the simple written form according to the Swiss Code of Obligations, but that e.g. an electronic text by e-mail or an acceptance by means of ticking a box is sufficient.
These T&Cs and any disputes arising from or in connection with these T&Cs between Polar Jobs and the Customer shall be governed exclusively by Swiss law, to the exclusion of the provisions of the Swiss Federal Act on Private International Law (PILA). The courts of the city of Zug, Switzerland shall have exclusive jurisdiction.
The Customer warrants that it is not subject to any economic, trade or financial sanctions or embargoes, and that it is not on any list of persons with whom business is restricted or prohibited, or it is controlled by such a person, or its shares are held by such a person. This applies in particular to measures and lists issued by the Swiss authorities, the United Nations Security Council, the U.S. government, the European Union or one or more of its member states or other competent governmental authorities.
Zug, April 2024
SCOPE OF APPLICATION
The website www.PolarJobs.com (hereinafter “Polar Jobs.com) provided by Polar Journal AG, Alpenstrasse 15, CH-6300 Zug (hereinafter “we” or “Polar Jobs”) offers a variety of job search solutions. These Terms of Use apply to all products and services offered by Polar Jobs to job seekers (hereinafter referred to as “Job Seekers” or “Users”).
These Terms of Use apply regardless of whether Users make use of the products and services offered by Polar Jobs on our website or otherwise.
These Terms of Use do not apply to business Customers, who are subject to the general Terms and Conditions for Business Customers.
Every User has the possibility to browse job ads or open a User account on the Polar Jobs website free of charge. Polar Jobs is a service administrator for job placement and offers its users services related to job search. A detailed overview of the services currently offered can be found on our website.
The services offered by Polar Jobs include those described on the website and namely:
Polar Jobs reserves the right to add new services and innovations at any time and to change, develop or discontinue existing services in whole or in part at any time. Users have no right to retain any service or innovation.
If you do not agree with any change or discontinuation of services, you may delete your profile from the CV Bank.
The User agrees that Polar Jobs may contact the User by email or other means of communication, e.g. social media, after completion of the User’s profile in CV Bank or after signing up for Polar Jobs newsletter. The User can revoke this consent of newsletter at any time and without justification using the unsubscribe option provided (e.g. using the unsubscribe link or unsubscribe button etc.) free of charge.
The protection of personal data is important to Polar Jobs. Polar Jobs will therefore always handle the Users’ personal data with the greatest care, in compliance with the applicable data protection regulations. Polar Jobs uses personal data to provide services used by the Users. For further information on how personal data is used, see Polar Jobs’ Privacy Policy.
The User should refrain from sharing particularly sensitive personal data or sensitive documents, such as copies of identification documents, an extract of criminal records, without an explicit request from the potential employer via their own application form.
Users authorize Polar Jobs to make unlimited use of data sent to Polar Jobs subject to prior anonymization of such data and to dispose of the anonymized data without limitation.
Reports regarding illegal content can be made to Polar Jobs at the following e-mail address: info@polarjobs.ch. The information provided should be as precise as possible regarding the identification of the illegal content and the reasons for the illegality.
Polar Jobs checks whether the report contains sufficient information to be able to assess the illegality of the reported content. If the report does not contain all the information required for an assessment, Polar Jobs will inform the reporting person accordingly. If the report is incomplete, Polar Jobs reserves the right to reject it.
Upon receipt of a report, Polar Jobs checks the reported content for its compliance with applicable law, the Terms of Use for Job Seekers, the Terms and Conditions for Business Customers and the guidelines published on our websites. If Polar Jobs assumes that the content is unlawful, Polar Jobs may restrict or remove the unlawful content or block the job seeker’s account.
If the contact details of the person concerned are available, Polar Jobs will provide them with a reasoned decision for the content moderation measures taken (as well as any further measures such as profile blocking) and inform them of the relevant legal remedies.
Polar Jobs also informs the reporting person of the decision, including the reasons and information on the relevant legal remedies.
Using the products and services provided by Polar Jobs under these Terms of Use is generally free of charge. If the products or services in question are fee-based, Polar Jobs shall clearly and unambiguously indicate this to the User on the respective website before such products or services are used, with reference to the separately applicable terms of use.
All the information entered by User to CV Bank must be complete, up to date and truthful. If the User makes incomplete or false statements, Polar Jobs is entitled to terminate the agreement. The Polar Jobs CV Bank data bank shall only be used personally by the account-holding User, who undertakes to store the login details and passwords in a safe place and not to disclose them to third parties. If a third-party gains access to your Polar Jobs CV Bank account, the User is required to inform Polar Jobs thereof without delay.
Polar Jobs shall retain all rights of ownership and proprietary rights to Polar Job’s websites, particularly copyrights and rights to trademarks, designs, and know-how. Polar Jobs grants Users a non-exclusive, non-transferable right to use the website, products and services offered by Polar Jobs in accordance with these Terms of Use. Any further publication, use, disclosure or reproduction of any such rights of ownership and proprietary rights without the express consent of Polar Jobs is prohibited.
Although all efforts are being made by Polar Jobs for accuracy, Polar Jobs gives no guarantees whatsoever regarding its website, products and services offered by Polar Jobs; in particular, Polar Jobs does not guarantee that:
Although Polar Jobs performs regular backups, the data loss cannot be ruled out entirely.
Polar Jobs shall only be liable for loss or damage caused intentionally or through gross negligence, in accordance with the applicable law.
Polar Jobs also posts third-party offers and content and/or links to such third-party offers or websites on its own website. Polar Jobs has no control over the content of external links and assumes no liability for the content of such external links, including the accuracy, completeness, reliability, or suitability for specific purposes. Upon corresponding notification by Users, illegal content will be removed immediately.
These Terms of Use shall apply for the duration of the utilization of services by the User or, in the case of Users with a Polar Jobs CV data bank Account, for an indefinite period after creation of the Account.
Users with a Polar Jobs CV data bank Account may terminate the agreement between them and Polar Jobs at any time by deleting their account in the account settings. In this case, Polar Jobs will definitively and irrevocably terminate the Polar Jobs CV data bank Account except for such information as is necessary to wind up the contractual relationship, to assert or enforce legal claims and such information as Polar Jobs is required to retain by law.
Polar Jobs reserves the right to anonymize such information instead of deleting it. The User grants Polar Jobs the right to use such anonymized data without limitation and to dispose of such anonymized data without limitation. For further information on how personal data is used and deleted, see Privacy Policy.
Polar Jobs reserves the right to change and/or discontinue at any time all or part of the products or services offered. The User shall have no claims whatsoever against Polar Jobs on grounds of such a change of discontinuance of products or services.
For the use of services without registration, the Terms of Use shall apply in their current form. The current Terms of Use shall be displayed to the User when accessing the website and may also be viewed at any time. Polar Jobs may change these Terms of Use at any time.
Exclusively Swiss law, excluding the provision of the Swiss Federal Act on Private International Law (PILA), shall be applicable to these Terms of Use and to any disputes between Polar Jobs and the User arising out of or in connection with these Terms of Use. The courts of the city of Zug shall have exclusive jurisdiction. Notwithstanding the foregoing, Polar Jobs shall, however, have the right to take legal action at the courts of the User’s place of residence.
The point of contact for inquiries from users in accordance with Art. 12 DSA is:
Polar Journal AG
Alpenstrasse 15
CH-6300 Zug
Switzerland
Contact: info@polarjobs.com
Polar Jobs’ legal representative in the EU in accordance with Art. 13 DSA is:
Polar Journal AG
Alpenstrasse 15
CH-6300 Zug
Switzerland
Email: redaktion@polarjournal.ch
Kommunikationsbehörde Austria (KommAustria)
Ballhausplatz 2
1010 Vienna
Austria
The provisions set out above under point 5 of the Terms of Use for Job Seekers apply to the notification and corrective action procedures in relation to illegal content.
Zug, April 2024
