Terms and Conditions

SPIELWORK B.V.

1. Applicability

Welcome to the online career platform of Spielwork B.V., with its registered office in Amsterdam and at the Chamber of Commerce under number 66720737 (“Spielwork”).

These terms and conditions are applicable when you (“User”) use the Spielwork Platform. In order to create a profile and make use of the services of the platform, the user must accept these terms and conditions.

Spielwork is entitled to amend these terms and conditions unilaterally. When applicable the new terms and conditions must be accepted again by the User before being able/allowed to make further use of the Platform. If the user does not agree with the changes, the user may make no further use of the Platform.

If the user has questions concerning these terms and conditions, the user can send an email to the Spielwork helpdesk via info@spielwork.com.

2. Definitions

Terms in these terms and conditions written in capital letters have the following meaning:

1. Content: all texts, images, videos, graphics, software, music, audio, information or other materials on the Platform, which are made available by Spielwork and/or a potential employer;
2. Data: all personal data, such as but not limited to email address, work experience, preferences and/or information included in a CV or Linkedin profile;
3. Service(s): all services provided by Spielwork through the Platform, including but not limited to uploading of vacancies, sharing of at least the user’s email address with a Potential Employer and/or tracing of the User to the website of the Potential Employer;
4. User: the natural person who uses or wishes to use the Platform and/or Services;
5. IP-rights: all intellectual property rights, both registered or unregistered and anywhere in the world, including but not limited to patent rights, copyrights (including rights to source and object codes), database rights, trademark rights, rights in respect to knowhow and company secrets;
6. Platform: the online career platform developed by Spielwork, among others accessible through the website www.spielwork.com, on which inter alia vacancies are visible and a profile can be created;
7. Potential Employer: an entity of which a vacancy is uploaded to the Platform;
8. Profile: the account or profile that the User has created on the Platform in order to (among others) store vacancies and/or receive recommendations for vacancies.

3. Platform usage

Spielwork facilitates a Platform on which Potential Employers and Users can come into contact with each other. Spielwork is not an intermediary, secondment agency, employment agency or anything of this kind.
Each User shall behave as a ‘proper user’ on the Platform. This means, amongst others, that the User is not permitted to, directly or indirectly:

1. publish the Platform and/or the Content, distribute, sell, copy, scrape or multiply otherwise;
2. adjust the Platform and/or the Content, decompile, multiply the code, translate or be otherwise subject to reserve engineering;
3. use the Platform and/or the Content for other commercial purposes;
4. spread or cause to spread viruses, worms, Trojans, rootkits, spyware, hoaxes or other forms of malware through the Platform or Profile;
5. hack or try to hack the Platform and/or the Content and/or in any other way (cause) supply unauthorized access to;
6. to change or delete any indication or reference in the Platform and/or the Content to Spielwork or the Potential Employer, the IP rights of Spielwork, the confidentiality, or any other reference made by Spielwork

Spielwork maintains the right to take the measures they deem necessary, including legal procedures, without further notice and block the access to the Profile with regard to any unauthorisedunauthorized use of the Platform.

The Platform also contains links to websites of Potential Employers or other third parties. Spielwork is not responsible or liable for the content of such websites and/or the activities of those third parties.

4. Intellectual Property

All IP rights concerning the Platform, the Content and the Services rest exclusively with Spielwork or her licensors.

Without prior, written permission from Spielwork, (parts of) the Platform and/ or of the Content, shall never be copied or made public by the User.

Spielwork is permitted at all times to make technical provisions to protect the Platform and/or the Content (including the accompanying IP rights) even if that leads to a limitation of the use of the Platform. The User is never permitted to (have) remove or circumvent such a technical provision.

5. Profile and Data

A Profile is personal and non-transferable.

Spielwork has the right at all times to refuse a User’s registration request without giving any reason.

The User guarantees that the data provided to Spielwork through the Profile to Spielwork is correct and complete.

As far as the Data concerns “personal data”, Spielwork conforms to the obligations under the General Data Protection Regulation (GDPR). For more information concerning the processing of personal data, the User must consult Spielwork’s privacy statement.

The User warrants that the entered data does not infringe on any law or regulations of the rights of others. This means that the User refrains from:

1.  (cause to) leaving or (cause to) spreading Data in conflict with the law, good morals and standard of due care;
2. (cause to) entering Data that infringes on IP rights, or other legal rights (such as privacy rights) of others;
3. creating a false Profile;
4. sending, uploading or spreading illegal, defamatory, insulting, fraudulent, obscene or other reprehensible Data.

The User is responsible for all activities that take place through the Profile of the User. In the Profile settings, the User can edit or remove Data themselves. The User will ensure all user names, passwords, and other access codes are kept confidential and never provided to third parties. The User informs Spielwork if the User discovers that a third party has (had) access to their Profile.

Spielwork maintains the right in the event of (suspected ) fraud or other unlawful behaviour to (temporarily) block or completely remove the Profile. Following receipt of a request for removal of the Profile, or of certain Data, Spielwork will immediately (have) remove the Data, with the exception of anonymised data which can be kept for a longer period of time for statistical purposes. Spielwork only uses such data for the improvement of the Platform.

Spielwork has put in place technical and organisational safeguards in order to protect the Data as well as possible against loss, theft or misuse. The Data is stored in encrypted form in a data centre in the Netherlands, and protected against unauthorised access through encrypted transmission and storage, a data back up and physical security measures for the servers.

Spielwork does not warrant that the data protection is effective under all circumstances.

When the User reacts to a vacancy through the Platform as part of the recruitment and selection process, certain Data can be or become accessible for persons who work or provide services to the Potential Employer. For more information concerning the processing or personal data by the Potential Employer, the User must consult the Privacy Statement of the Potential Employer.

6. Disclaimer and limitation of liability

In spite of the fact that the Platform and the Content have been compiled with great care, Spielwork does not guarantee that these function without defects or errors. The Platform and the Content are delivered ‘as is’, with no guarantees.

Spielwork provides no guarantees concerning, and is not liable for damage as a result of: (i) not, without mistakes, or uninterrupted, availability of the Platform, (ii) the correctness and completeness of the Content, (iii) the course of the recruitment and selection procedure of the User by the Potential Employer.

Spielwork accepts no liability with regard to the Data and other communications (including, but not limited to content) which tis shared between the User and the Potential Employer.

Spielwork furthermore accepts no liability concerning the content of the vacancies of the Potential Employer.

Spielwork accepts no liability concerning any damage relating to the use of the Platform except if this as a result of intent and/or willful recklessness by the board of Spielwork. Without prejudice to the above, any liability for Spielwork on account of whatever reason, is limited to the amount that Spielwork’s liability insurance pays out in such cases.

7. Applicable law and other provisions

These terms and conditions and all non-contractual obligations that arise from these or in connection with these terms and conditions are exclusively governed by Dutch law.

If any provision of these terms and conditions is null and void or annulled, the other provisions of these terms and Conditions remain in full force.

Deviations from or additions to these Terms and Conditions will only be effective if and insofar agreed upon in writing with Spielwork.

Amsterdam, 2018