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JobSparkle Policies

At JobSparkle we take everything very seriously. To be completely transparent please check out our Policies, Terms & Conditions for using our Services. If you have any questions please let us know by contacting us via the email : [email protected].

Privacy Policy

Last Updated: 15.04.2024

This Privacy Policy, as amended or otherwise changed from time to time (the "Privacy Policy" or “Policy”), explains the manner in which JobSparkle, 89068483, André van der Louwbrug 2330 3011WM Rotterdam Rotterdam Nederland (hereinafter JobSparkle or the “Company”) maintains and discloses user information obtained through its website https://jobsparkle.nl (the "Site"). The terms "we," "us," and "our" refer to the Company. By using the Site, you ("User") consent to the data practices prescribed in this Privacy Policy.

Your Personal Data is processed under this Privacy Policy and in accordance with applicable legislation, including the General Data Protection Regulation (2016/679) ("GDPR") and EU Privacy Directive and the applicable national data protection laws (“Data Protection Law”).

The Company acts as the data controller of your Personal Data.

On occasion, the Company may revise this Privacy Policy to reflect changes in the law, our personal data collection and use practices, the features on the Site, or advances in technology. If material changes are made to this Privacy Policy, the changes will be prominently posted on the Site.

What if I do not want to accept this Privacy Policy?

By using this Site, you signify your acceptance of this Policy. If you do not agree to this Policy, please do not use our Site. Your continued use of the Site following the posting of changes to this Policy will be deemed as your acceptance of those changes.

In case you disclose any Personal Data regarding any third person (e.g. your employee, management board member, co-worker, contracting party, etc.) to us, you are obliged to refer them to this Policy.

  1. Definitions and Interpretation

In this Policy the following terms shall have the following meanings:

"Account": means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Site;

"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Site;

"Cookie": means a small text file placed on your computer by the Company when you visit certain parts of this Site. This allows us to identify recurring visitors and to analyse their browsing habits within the Site.

"Data": means collectively all information that you submit to the Site. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems;

"Service": means collectively any online facilities, tools, services or information that makes available through the Site either now or in the future;

"System": means any online communications infrastructure that the Company makes available through the Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

"User" / "Users": means any third party that accesses the Site and is not employed by and acting in the course of their employment; and

"Website": means the website that you are currently using the Site and any sub-domains of this site (e.g. subdomain the Site) unless expressly excluded by their own terms and conditions.

  1. Data Collected

Without limitation, any of the following Data may be collected:

  • first and last name
  • photos
  • contact information such as email addresses and telephone numbers
  • job title & profession
  • date of birth
  • demographic information such as post code, preferences and interests

Some information is collected automatically by our servers:

  • IP address;
  • web browser type and version;
  • operating system;
  • a list of URLS starting with a referring site, your activity on this Web Site, and the site you exit to;
  • Cookie information.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).

  1. Our Use of Data

3.1 Any personal Data you submit will be retained by the Company for as long as you use the Services and Systems provided on the Site. Data that you may submit through any communications System that we may provide may be retained for a longer period of up to one year.

3.2 Unless we are obliged or permitted by law to do so, your Data will not be disclosed to third parties. This includes our affiliates and/or other companies within our group.

3.3 All personal Data is stored securely in accordance with the principles of the GDPR and EU Privacy Directive.

3.4 Any or all of the above Data may be required by us from time to time in order to provide you with the best possible service and experience when using our Site. Specifically, Data may be used by us for the following reasons:

3.4.1 internal record keeping;

3.4.2 improvement of our products/services;

3.4.3 transmission by email of promotional materials that may be of interest to you;

3.4.4 contact for market research purposes which may be done using email, telephone, fax or mail. Such information may be used to customise or update the Site.

3.5 We collect and store information provided by users when they create an account or update their profile on our website. This information may include, but is not limited to:

  • Resume or CV details
  • Educational background
  • Work experience
  • Skills and qualifications
  • Contact information
  • Desired job preferences
  • References

3.6 When users apply for jobs through our platform, we collect and store the information submitted as part of the job application process. This may include resumes, cover letters, and other documents. Users are responsible for ensuring they do not include sensitive or unnecessary information in their job application materials.

3.7 Users may opt to receive job alerts, newsletters, or other communications from us. We will use the email address provided by users to send such communications. Users can manage their communication preferences through their account settings In the absence of specific account settings for managing preferences, users are encouraged to contact us at [email protected] to opt out of any communication and to request the cleaning and management of their data.

  1. Third Party Web Sites and Services

The Company may, from time to time, employ the services of other parties for dealing with matters that may include, but are not limited to, payment handling, delivery of purchased items, search engine facilities, advertising and marketing. The providers of such services do not have access to certain personal Data provided by Users of this Site. Any Data used by such parties is used only to the extent required by them to perform the services that requests. Any use for other purposes is strictly prohibited. Furthermore, any Data that is processed by third parties must be processed within the terms of this Policy and in accordance with the GDPR and EU Privacy Directive.

  1. Duration of Data Storage

We keep the data you have provided to us on your user account for the whole period of your customer relationship and as long as it is necessary with regard to the purposes of the processing described above.

  1. User Rights

Under certain circumstances, you have the following rights under data protection laws in relation to your personal data:

  • Request access to your personal data.
  • Request correction of your personal data.
  • Request erasure of your personal data.
  • Object to processing of your personal data.
  • Request restriction of processing your personal data.
  • Request transfer of your personal data.
  • Right to withdraw consent.

  1. Customer Support

7.1 In case you need to contact our customer support, our support personnel will handle your contact information and the contents of your communication. Please do not share any sensitive data in your communication with our customer support. You can contact our customer support through various means. Depending on the means of communication you choose, we’ll process the following contact details: - Your IP address (chat support) - Phone number (phone support, SMS support) - Email (email support) - User ID of an instant messaging app (QR code, support through an instant messaging app). We keep a record of the contents of the support tickets to make sure that you receive quality service and to develop our products and services. If you contact us by calling our support number, please note that we also record the phone calls for the same purposes. The processing of your personal data in connection with your communication with our customer service is based on the service agreement between you and the Company as well as our legitimate interest to follow up on the quality of our customer service, to verify the actions taken based on your request and to develop our service in the future.

7.2 If you have any questions about our Privacy Policy as outlined above, please contact us at [email protected]

  1. Appendix

Contract template provided courtesy of Entytec.

Terms of Use

Last Updated 15.04.2024

These Terms of Use (the “Terms”) apply to the website https://jobsparkle.nl/ and any of the subdomains of it (the “Website”) and/or services offered by using the Website. The Website is an official website of JobSparkle, KVK number 89068483, address André van der Louwbrug 2330 3011WM Rotterdam Rotterdam Nederland (hereinafter referred as the “Company”) .

  1. Definitions and Interpretation

1.1 By accessing or using the Website and any services made available through the Website and affiliated websites, if any, (collectively, the "Services"), you ("User" and collectively with others using the Website "Users") agree without any modifications to be bound by these Terms.

1.2. The Services are provided by the Company, and the terms "we," "us," and "our" refer to this legal entity. The Company may change the scope of the Services or stop providing Services in entirety at any time. Certain Services may be performed by different parties, including subsidiaries, affiliates or subcontractors of the Company, and in such event Company will notify you of the name of such service provider.

1.3. These Terms affect your legal rights and obligations, including your right to file a lawsuit in court. If you do not agree to be bound by these Terms, do not access or use the Services.

1.4. The information made available on our Website may be altered or removed at any time without prior notice. Company reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Website, at any time and from time to time at its sole discretion without your prior consent. We will provide notice that a change has been made to these Terms by posting the revised Terms to the Website and changing the "Last Revised" date at the top of the Terms .

1.5. Subject to applicable law, the method of notification will be left to the Company's sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances, unless the Company is duty bound to do so under any applicable law. Any changes or modifications will be effective immediately upon posting the revisions on the Website or at the instant that Company transmits the information to the Users (e.g. via email). These changes will apply at that instant to all then current and subsequent users of the Website. Your continued use of this Website acts as acceptance of such changes or modifications. If you do not agree to the Terms in effect when you access or use the Website, you must stop using it.

  1. Preamble

2.1. Company provides the Services related to Browsing Content: Users can browse the content posted on the Website, Job Announcements; Application Submission: Users can file applications in reply to Job Announcements; User Account Registration: Users can register a User’s Account; User Account Access: Users can access their User’s Account; User Account Functionality: Users can use the functionalities of the User’s Account, such as sending applications in reply to Job Announcements using their User’s Profile or setting preferences in the selection of Job Announcements..

2.2. You agree to use the Services only for the purposes that are permitted by the Terms and any applicable laws, regulations or generally accepted practices or guidelines in the relevant jurisdictions.

  1. Age and Legal Capacity Restrictions

3.1. Persons under the age of 18 should use this Website only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.

3.2. Persons with limited legal capacity (those, who were deprived of certain rights by the court’s decision) should use this Website only with the supervision of a supervisor/guardian. Payment Information must be provided by or with the permission of a supervisor/guardian.

  1. Intellectual Property and Copyright of Feedback Materials

4.1. All information, data and content of a graphic nature, any other subject matter recognized as intellectual property under any applicable laws available on our Website is the property of the Company and its related entities and affiliates.

4.2. You may not copy, duplicate, print or circulate the information of this Website without our prior written consent.

4.3. Company grants you a non-exclusive, perpetual and non-transferable licence to use the Website, solely for the purposes indicated herein and you shall have no right to resell or otherwise distribute any content of the Website.

4.4 You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or commentary you provide on our Website or one of our social media accounts, regarding Company or the Services (collectively, "Feedback") that are provided by you, whether by email, posting to the Website or otherwise, are non-confidential and will become the sole property of Company.

4.5 Company will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

  1. Confidentiality of the Transmission of Information Over the Internet

5.1 The transmission of data or information over the Internet or other publicly accessible networks may not always be secure and is subject to possible loss, interception, or alteration while in transit. Accordingly, Company does not assume any liability for any loss or damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving the Website or email with Company containing your personal information while using an unsecure network. While Company will make all commercially reasonable efforts to safeguard the privacy of the information you provide to Company and will treat such information in accordance with Company's Privacy Policy, in no event will the information you provide to Company online be deemed to be, confidential, create any fiduciary obligations for Company, or result in any liability for Company in the event that such information is accessed by third parties without Company's consent while you use an unsecure network.

5.2 The Company may disclose, upon acquiring prior consent from the client, to third parties the fact that you are a client of the Company, the general nature of the Service in which the Company has assisted you. Additional information on the Services supplied to you may be disclosed by the Company without your consent, if such information has entered the public domain before disclosure by the Company. The Company may use your trademark or logo in conjunction with permitted provision of information.

5.3 We are required to disclose information regarding our customers in the following cases: JobSparkle (Company) may need to disclose customer information in certain situations as required by Dutch and European Union (EU) laws and regulations. These situations may include compliance with legal obligations, regulatory requirements, and user violations. We may disclose customer information in response to lawful requests, such as court orders or requests from law enforcement agencies, in accordance with Dutch and EU law. Furthermore, compliance with employment and data protection regulations may necessitate sharing customer information with relevant authorities. In cases where users have violated our terms of use or engaged in fraudulent or unlawful activities on our job board, we may also disclose customer information, provided such disclosures are in compliance with legal standards. National security concerns or requirements related to counter-terrorism and related activities may lead to mandatory information sharing in specific cases as mandated by Dutch or EU law. Please be assured that any disclosure of customer information without user consent will be executed with utmost care and only within the confines of the law. We are committed to safeguarding user privacy and data security in full accordance with Dutch and EU legal frameworks, as well as relevant data protection and privacy regulations such as the General Data Protection Regulation (GDPR) within the EU.

  1. Limited License

Company grants you a limited, nonexclusive, non-transferable license, subject to these Terms, to access and use the Website, and the content, materials, information, and functionality available in connection therewith (collectively, the "Content") solely for information or other approved purposes as expressly permitted by Company from time to time.

Any other use of the Website or Content is expressly prohibited. You will not copy, transmit, distribute, sell, resell, license, decompile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Website or Content (or any portion thereof) as part of any other website or any other work of authorship without the prior written permission of the Company.

If you violate any portion of these Terms, your permission to access and use the Website may be suspended and/or terminated immediately pursuant to these Terms. In addition, we reserve the right to avail ourselves of all remedies available at law for any such violation. "JobSparkle", and all logos related to the Services or displayed on the Website are either trademarks or registered marks of the Company. You may not copy, imitate or use them without Company's prior written consent.

You will not, nor will you authorize or encourage any third party to (i) use the Services to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Company; (ii) use any robot, spider, other automated devices, or manual process to monitor or copy any content from the Services.

  1. Third-party Content

The Company, its affiliates, and its Users may provide third party content on the Website and may provide links to web pages and content that are not owned or controlled by Company (collectively the "Third Party Content") as a service to those interested in this information. Company does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to its accuracy or completeness. You acknowledge and agree that the Company is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third-Party Content. You acknowledge that your use of such Third Party Content is at your own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Website.

  1. Services, Pricing and Availability

8.1 Whilst every effort has been made to ensure that all general descriptions of Services are available and correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether.

8.2 Where appropriate, you may be required to select the required Plan of Services.

8.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.

8.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

8.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

  1. Orders and Provision of Services

9.1 Advertisements of goods and services provided by the Company on its Website constitute a public offer. By placing an order you accept the public offer.

9.2 Order confirmations will be sent to you before the Services begin and shall contain the following information:

9.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;

9.2.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;

9.2.3 Relevant times and dates for the provision of the Services;

9.2.4 User credentials and relevant information for accessing those Services.

9.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.

9.4 Payment for the Services shall be taken via your chosen payment method 1) immediately for any setup fee that corresponds to the service plan you purchased/instant purchase of goods and/or services and 2) at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received..

9.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Under normal circumstances, you will be granted immediate access to the digital products (courses) after the payment has been processed.

9.6 Company shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.

9.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.

9.8 Any form of impersonation, whether of individuals or organisations, is strictly prohibited and illegal according to these terms and conditions.

Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.

  1. Cancellation of Orders and Services

10.1 We want you to be completely satisfied with the Products or Services you order from the Company. If you need to speak to us about your Order, then please contact customer care by email or write to us at our address. We provide Services, which are available for screening and downloading immediately after the payment is processed. Therefore, you cannot cancel your order anymore if you started consuming the content or downloaded it. By watching or downloading the digital content, you agree that the order is not subject to cancellation anymore.

  1. Privacy

11.1 Use of the Website is also governed by Our Privacy Policy which is incorporated into these Terms by this reference.

  1. How We Use Your Personal Information (Data Protection)

12.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the GDPR and Directive on privacy and electronic communications.

12.2 We may use your personal information to:

12.2.1 Provide Our Services to you;

12.2.2 Process your payment for the Services; and

12.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

12.3 We will not pass on your personal information to any other third parties without first obtaining your express permission.

  1. Disclaimers

13.1 We make no warranty or representation that the Website will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Goods or Services.

13.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

13.3 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

  1. Changes to the Facilities and these Terms

14.1 We reserve the right to change the Website, its Content or these Terms at any time. You will receive an update about any implemented changes. You will be bound by any changes to the Terms from the first time you use the Website following the changes. If We are required to make any changes to these Terms by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

  1. Availability of the Website

15.1 The Website is provided “as is” and on an “as available” basis, uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and desired outcome after the course completion. We provide material for learning and acquiring skills. The outcome remains individual and may vary depending on various circumstances.

15.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, internet speed, power failure, natural events, acts of war or legal restrictions and censorship.

  1. Applicable Law and Jurisdiction

16.1. You understand and accept that the relationship between you and Company shall be governed in all respects by the laws of The Netherlands.

16.2 If any provision of these Terms is held to be invalid, void due to contradicting law or for any reason unenforceable, such provisions shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

16.3 Any disputes arising out of this Agreement shall be settled in the relevant local court pursuant to the laws of The Netherlands.

  1. Limitation of Liability

17.1 Company does not assume any liability for damages or losses related to the Website, including the use of any information made available on the Website. The Company also shall not be held liable for the content of hyperlinks to Websites of third parties.

  1. Communication

18.1. You agree and acknowledge that all agreements, notices, disclosures and other communications that Company provides pursuant to these Terms, may be provided in electronic form.

18.2. If you have any questions regarding these Terms, you are welcome to contact us by email at [email protected].

  1. SaaS Nature of Business

19.1 Our Software as a Service (SaaS) offerings are exclusively for business-to-business (B2B) transactions. As such, the statutory 14-day cancellation period does not apply to entrepreneurs purchasing our services. By entering into a transaction with us, you acknowledge and agree that our standard terms of sale are applicable and that no statutory right of withdrawal exists for our digital service products.

19.2 Given the nature of our digital content and SaaS services, once a purchase is confirmed, it cannot be undone. This policy is in place to protect the integrity and security of our service offerings. We explicitly inform all customers prior to purchase that there are no returns or cancellations allowed after the purchase is completed.

19.3 By purchasing our SaaS services, you acknowledge that you have been informed of and agree to this no returns policy. To ensure clarity and confirmation, we provide all customers with a purchase confirmation which details this agreement. This confirmation will be sent via email and should be retained for your records.

  1. Prohibited Scraping and Reposting

20.1 The Company strictly prohibits any form of scraping or automated extraction of data from the Website. Other job portals, companies, or individuals are not allowed to scrape, copy, or repost our job listings or any other content from the Website without prior written consent from the Company. Unauthorized use of our content is subject to legal action.

  1. Unauthorized Listings

21.1 If you believe that your job listings or other content have been posted on the Website by a third party without your authorization, please contact us immediately at [email protected]. We will investigate the matter promptly and, if necessary, remove the unauthorized content as soon as possible.

  1. Appendix

Contract template provided courtesy of Entytec.

Terms of Use - User Service Provision Rules

Last Updated 15.04.2024

These Terms of Use (the “Terms”) apply to the website https://jobsparkle.nl/ and any of the subdomains of it (the “Website”) and/or services offered by using the Website. The Website is an official website of JobSparkle, KVK number 89068483, address André van der Louwbrug 2330 3011WM Rotterdam Rotterdam Nederland (hereinafter referred as the “Company”) .

  1. Definitions and Interpretation

1.1 By accessing or using the Website and any services made available through the Website and affiliated websites, if any, (collectively, the "Services"), you ("User" and collectively with others using the Website "Users") agree without any modifications to be bound by these Terms.

1.2. The Services are provided by the Company, and the terms "we," "us," and "our" refer to this legal entity. The Company may change the scope of the Services or stop providing Services in entirety at any time. Certain Services may be performed by different parties, including subsidiaries, affiliates or subcontractors of the Company, and in such event Company will notify you of the name of such service provider.

1.3. These Terms affect your legal rights and obligations, including your right to file a lawsuit in court. If you do not agree to be bound by these Terms, do not access or use the Services.

1.4. The information made available on our Website may be altered or removed at any time without prior notice. Company reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Website, at any time and from time to time at its sole discretion without your prior consent. We will provide notice that a change has been made to these Terms by posting the revised Terms to the Website and changing the "Last Revised" date at the top of the Terms, .

1.5. Subject to applicable law, the method of notification will be left to the Company's sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances, unless the Company is duty bound to do so under any applicable law. Any changes or modifications will be effective immediately upon posting the revisions on the Website or at the instant that Company transmits the information to the Users (e.g. via email). These changes will apply at that instant to all then current and subsequent users of the Website. Your continued use of this Website acts as acceptance of such changes or modifications. If you do not agree to the Terms in effect when you access or use the Website, you must stop using it.

1.6. These Rules set out the terms and conditions for the provision of Services through this JobSparkle website in accordance with the laws and regulations of The Netherlands.

1.7. JobSparkle Website - the internet service located at the www.jobsparkle.nl domain, to which JobSparkle holds rights;

1.8. User, or you – an adult individual using the Services provided through the JobSparkle Website;

1.9. Guest User – User who does not have a User Account or is using the Website without logging in to a User Account;

1.10. Announcer – legal entity, organization without legal personality legally vested with the capacity to perform acts in law, as well as any individual carrying out a business activity, who/which is a client of JobSparkle and placed a Job Announcement on the Website;

1.11. Parties – jointly you and JobSparkle;

1.12. Contract – a Service provision contract concluded between JobSparkle and you;

1.13. Services – the services provided electronically within the meaning of the laws and regulations of The Netherlands by JobSparkle to you, specified below;

1.14. Rules – these Rules;

1.15. Job Announcement – a job announcement published by an Announcer on the Website under a Contract with JobSparkle or published by JobSparkle at an Announcer’s request, or a job announcement published by JobSparkle along with appropriate information in order to employ an employee at a specific position;

1.16. Business Days – days from Monday to Friday, except for statutory holidays within the meaning of the laws and regulations of The Netherlands.

1.17. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;

1.18. User Account – a panel assigned to a given User as a result of a correct registration, where information about a Logged-in User is stored, including in particular the User Profile;

1.19. User Profile – a functionality of the User Account in which a Logged-in user provides his/her data necessary in the recruitment process;

  1. Preamble

2.1. Company provides the Services related to Browsing Content: Users can browse the content posted on the Website, including Job Announcements and the Brand Stories of Announcers; Application Submission: Users can file applications in reply to Job Announcements; User Account Registration: Users can register a User’s Account; User Account Access: Users can access their User’s Account; User Account Functionality: Users can use the functionalities of the User’s Account, such as sending applications in reply to Job Announcements using their User’s Profile or setting preferences in the selection of Job Announcements..

2.2. You agree to use the Services only for the purposes that are permitted by the Terms and any applicable laws, regulations or generally accepted practices or guidelines in the relevant jurisdictions.

  1. Age and Legal Capacity Restrictions

3.1. Persons under the age of 18 should use this Website only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.

3.2. Persons with limited legal capacity (those, who were deprived of certain rights by the court’s decision) should use this Website only with the supervision of a supervisor/guardian. Payment Information must be provided by or with the permission of a supervisor/guardian.

  1. Intellectual Property and Copyright of Feedback Materials

4.1. All information, data and content of a graphic nature, any other subject matter recognized as intellectual property under any applicable laws available on our Website is the property of the Company and its related entities and affiliates.

4.2. You may not copy, duplicate, print or circulate the information of this Website without our prior written consent.

4.3. Company grants you a non-exclusive, perpetual and non-transferable license to use the Website, solely for the purposes indicated herein and you shall have no right to resell or otherwise distribute any content of the Website.

4.4 You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or commentary you provide on our Website or one of our social media accounts, regarding Company or the Services (collectively, "Feedback") that are provided by you, whether by email, posting to the Website or otherwise, are non-confidential and will become the sole property of Company.

4.5 Company will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

  1. Confidentiality of the Transmission of Information Over the Internet

5.1 The transmission of data or information over the Internet or other publicly accessible networks may not always be secure and is subject to possible loss, interception, or alteration while in transit. Accordingly, Company does not assume any liability for any loss or damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving the Website or email with Company containing your personal information while using an unsecure network. While Company will make all commercially reasonable efforts to safeguard the privacy of the information you provide to Company and will treat such information in accordance with Company's Privacy Policy, in no event will the information you provide to Company online be deemed to be, confidential, create any fiduciary obligations for Company, or result in any liability for Company in the event that such information is accessed by third parties without Company's consent while you use an unsecure network.

5.2 Company may disclose, upon acquiring prior consent from the client, to third parties the fact that you are a client of the Company, the general nature of the Service in which the Company has assisted you. Additional information on the Services supplied to you may be disclosed by the Company without your consent, if such information has entered the public domain before disclosure by the Company. The Company may use your trademark or logo in conjunction with permitted provision of information.

5.3 We are required to disclose information regarding our customers in the following cases: JobSparkle (Company) may need to disclose customer information in certain situations as required by Dutch and European Union (EU) laws and regulations. These situations may include compliance with legal obligations, regulatory requirements, and user violations. We may disclose customer information in response to lawful requests, such as court orders or requests from law enforcement agencies, in accordance with Dutch and EU law. Furthermore, compliance with employment and data protection regulations may necessitate sharing customer information with relevant authorities. In cases where users have violated our terms of use or engaged in fraudulent or unlawful activities on our job board, we may also disclose customer information, provided such disclosures are in compliance with legal standards. National security concerns or requirements related to counter-terrorism and related activities may lead to mandatory information sharing in specific cases as mandated by Dutch or EU law. Please be assured that any disclosure of customer information without user consent will be executed with utmost care and only within the confines of the law. We are committed to safeguarding user privacy and data security in full accordance with Dutch and EU legal frameworks, as well as relevant data protection and privacy regulations such as the General Data Protection Regulation (GDPR) within the EU..

  1. Limited License

Company grants you a limited, nonexclusive, non-transferable license, subject to these Terms, to access and use the Website, and the content, materials, information, and functionality available in connection therewith (collectively, the "Content") solely for information or other approved purposes as expressly permitted by Company from time to time.

Any other use of the Website or Content is expressly prohibited. You will not copy, transmit, distribute, sell, resell, license, decompile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Website or Content (or any portion thereof) as part of any other website or any other work of authorship without the prior written permission of the Company.

If you violate any portion of these Terms, your permission to access and use the Website may be suspended and/or terminated immediately pursuant to these Terms. In addition, we reserve the right to avail ourselves of all remedies available at law for any such violation. "JobSparkle", and all logos related to the Services or displayed on the Website are either trademarks or registered marks of the Company. You may not copy, imitate or use them without Company's prior written consent.

You will not, nor will you authorize or encourage any third party to (i) use the Services to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Company; (ii) use any robot, spider, other automated devices, or manual process to monitor or copy any content from the Services.

  1. Third-party Content

The Company, its affiliates, and its Users may provide third party content on the Website and may provide links to web pages and content that are not owned or controlled by Company (collectively the "Third Party Content") as a service to those interested in this information. Company does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to its accuracy or completeness. You acknowledge and agree that the Company is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third-Party Content. You acknowledge that your use of such Third Party Content is at your own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Website.

  1. Services, Pricing and Availability

8.1 Whilst every effort has been made to ensure that all general descriptions of Services are available and correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether.

8.2 Where appropriate, you may be required to select the required Plan of Services.

8.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.

8.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

8.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

  1. Orders and Provision of Services

9.1 Advertisements of goods and services provided by the Company on its Website constitute a public offer. By placing an order you accept the public offer.

9.2 Order confirmations will be sent to you before the Services begin and shall contain the following information:

9.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;

9.2.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;

9.2.3 Relevant times and dates for the provision of the Services;

9.2.4 User credentials and relevant information for accessing those Services.

9.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.

9.4 Payment for the Services shall be taken via your chosen payment method 1) immediately for any setup fee that corresponds to the service plan you purchased/instant purchase of goods and/or services and 2) at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received..

9.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Under normal circumstances, you will be granted immediate access to the digital products (courses) after the payment has been processed.

9.6 Company shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.

9.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.

Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.

  1. Cancellation of Orders and Services

10.1 We want you to be completely satisfied with the Products or Services you order from the Company. If you need to speak to us about your Order, then please contact customer care by email or write to us at our address. We provide Services, which are available for screening and downloading immediately after the payment is processed. Therefore, you cannot cancel your order anymore if you started consuming the content or downloaded it. By watching or downloading the digital content, you agree that the order is not subject to cancellation anymore.

  1. Privacy

11.1 Use of the Website is also governed by Our Privacy Policy which is incorporated into these Terms by this reference.

  1. How We Use Your Personal Information (Data Protection)

12.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the GDPR and Directive on privacy and electronic communications.

12.2 We may use your personal information to:

12.2.1 Provide Our Services to you;

12.2.2 Process your payment for the Services; and

12.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

12.3 We will not pass on your personal information to any other third parties without first obtaining your express permission.

  1. Disclaimers

13.1 We make no warranty or representation that the Website will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Goods or Services.

13.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

13.3 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

  1. Changes to the Facilities and These Terms

14.1 We reserve the right to change the Website, its Content or these Terms at any time. You will receive an update about any implemented changes. You will be bound by any changes to the Terms from the first time you use the Website following the changes. If We are required to make any changes to these Terms by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

  1. Availability of the Website

15.1 The Website is provided “as is” and on an “as available” basis, uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and desired outcome after the course completion. We provide material for learning and acquiring skills. The outcome remains individual and may vary depending on various circumstances.

15.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, internet speed, power failure, natural events, acts of war or legal restrictions and censorship.

  1. Scope of Services Provided

16.1 Thanks to the services we provide you through the JobSparkle Website, you can browse the content posted on the Website, including Job Announcements and the Company Profiles. These services are available to all users. They are offered free of charge and are available for adults. A service provision contract will be concluded as soon as you start using the services provided through the Website that do not require setting up a User Account.

  1. Technical Requirements

17.1 To use the Services, you should have:

  • A computer, smartphone, or other multimedia device with access to the Internet.
  • Access to electronic mail.
  • A Web browser.
  • Activated cookies saving and JavaScript in the Web browser (recommended).
  • Some standard software to read PDF files.

17.2 Please be informed that using the Services provided by means of the Website may involve the following risks:

  • Loss of confidentiality of the information, including personal data, sent through the Website.
  • Attacks with the use of malicious software (malware, viruses, bugs, etc.).
  • Blocking access to services (mail bomb, DoS).
  • Spam (unwanted or unnecessary emails).

17.3 We enable you to use the Service in a manner preventing unauthorized individuals from accessing the content of the message comprising this Service, including in particular by using cryptographic techniques appropriate for the features of the Service provided.

  1. Replying to Job Listings or Job Announcements

18.1 You can reply to Job Announcements posted on the JobSparkle Website by choosing a Job Announcement and clicking the "Apply" or equivalent button. Then you will either be redirected to the Announcer's external recruitment system or asked to fill in a recruitment form on the Website.

18.2 When replying to a Job Announcement, you should provide your true data.

18.3 When replying to job listings or job announcements on the JobSparkle platform, it's important to note that JobSparkle is not responsible for the content or actions of the offers posted. We act as a platform that connects you with external websites, often hosted by companies or recruitment websites, where the detailed job listings are hosted. When you click on a job listing, you are redirected to the external website, and your interaction with the offer is subject to the terms and policies of that external website. JobSparkle holds no liability for the content, accuracy, or actions related to these external offers.

If you choose to apply for a job using the application form provided on our website, please be aware that the information you submit, including your email address and application details, is stored on our servers in accordance with our privacy policy. You have the option to request the revocation or deletion of your data as specified in our privacy policy. By submitting an application through our platform, you agree to have your information stored in our database for the purpose of processing your job application.

  1. Subscribe to our Newsletter

19.1 At JobSparkle, we offer the opportunity for users to stay updated on the latest job listings, career advice, and industry insights by subscribing to our newsletter. By subscribing, you'll receive regular email updates containing valuable information to help with your job search and career development. Our newsletter is designed to provide you with relevant content and job opportunities.

To subscribe to our newsletter, simply enter your email address and opt-in for newsletter updates. Rest assured, we take your privacy seriously, and your email address will only be used for the purpose of sending you our newsletter. You can easily unsubscribe at any time by contacting us directly. We respect your choices and are committed to keeping your email preferences up to date.

  1. Applicable Law and Jurisdiction

20.1. You understand and accept that the relationship between you and Company shall be governed in all respects by the laws of The Netherlands.

20.2 If any provision of these Terms is held to be invalid, void due to contradicting law or for any reason unenforceable, such provisions shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

20.3 Any disputes arising out of this Agreement shall be settled in the relevant local court pursuant to the laws of The Netherlands.

  1. Limitation of Liability

21.1 Company does not assume any liability for damages or losses related to the Website, including the use of any information made available on the Website. The Company also shall not be held liable for the content of hyperlinks to Websites of third parties.

21.2 JobSparkle does not bear any liability for the content of the Job Announcements published. The Announcer bears full liability for the content of the Job Announcements published by it or on its behalf. You acknowledge that the Announcer may amend the Job Announcements at any time, also after you have sent an application in reply thereto.

21.3 We do not guarantee that the Announcer will reply to your application or will contact you.

21.4 We have the right to take the Website offline for maintenance, but we will warn you of that in advance, to the extent practicable, by means of a message displayed on the Website.

21.5 You are obliged to comply with the provisions of these Rules.

21.6 You are obliged to use the Website in a lawful manner and in accordance with good morals, taking into account the respect of personality rights as well as intellectual property rights of third parties.

21.7 You are obliged to provide true data in the application form and in your User Account.

21.8 You must not post any illegal content on the Website, including but not limited to, content infringing the personality rights of third parties, content inciting hatred for racial, ethnic, or religious reasons, content violating generally accepted social norms and/or the law.

21.9 You must not post any content constituting a purchase or sale offer on the Website, including in particular you must not trade in any items whose trading is illegal.

21.10 We undertake activities in order to ensure the correct operation of the Website to the extent resulting from the current technical knowledge and we undertake to immediately repair any malfunctioning of the Website as reported by the Users.

21.11 If any content published on a page of the Website infringes your personality rights or those of another individual, or if it has features of an abuse (incites hatred, violates the generally accepted social norms and/or the law), you can give us notice of such a breach or abuse by sending us an email to the following address: contact@jobsparkle.nl.

21.12 As soon as we receive a complaint or notice of a potential breach or abuse, we will undertake immediate action in order to repair any malfunctioning of the Website or remove any content causing such a breach or abuse, as well as we will inform the party providing the notice about the undertaken actions.

  1. Communication

22.1. You agree and acknowledge that all agreements, notices, disclosures and other communications that Company provides pursuant to these Terms, may be provided in electronic form.

22.2. These Rules have been prepared in the English language version and translated into other languages. In case of any discrepancies between the versions, the English version shall prevail.

22.3. If you have any questions regarding these Terms, you are welcome to contact us by email at [email protected].

  1. Appendix

Contract template provided courtesy of Entytec.

Terms of Use - Clients Service Provision Rules

Last Updated 15.04.2024

These Terms of Use (the “Terms”) apply to the website https://jobsparkle.nl/ and any of the subdomains of it (the “Website”) and/or services offered by using the Website. The Website is an official website of JobSparkle, KVK number 89068483, address André van der Louwbrug 2330 3011WM Rotterdam Rotterdam Nederland (hereinafter referred as the “Company”) .

  1. Definitions and Interpretation

1.1 By accessing or using the Website and any services made available through the Website and affiliated websites, if any, (collectively, the "Services"), you ("User" and collectively with others using the Website "Users") agree without any modifications to be bound by these Terms.

1.2. The Services are provided by the Company, and the terms "we," "us," and "our" refer to this legal entity. The Company may change the scope of the Services or stop providing Services in entirety at any time. Certain Services may be performed by different parties, including subsidiaries, affiliates or subcontractors of the Company, and in such event Company will notify you of the name of such service provider.

1.3. These Terms affect your legal rights and obligations, including your right to file a lawsuit in court. If you do not agree to be bound by these Terms, do not access or use the Services.

1.4. The information made available on our Website may be altered or removed at any time without prior notice. Company reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Website, at any time and from time to time at its sole discretion without your prior consent. We will provide notice that a change has been made to these Terms by posting the revised Terms to the Website and changing the "Last Revised" date at the top of the Terms, .

1.5. Subject to applicable law, the method of notification will be left to the Company's sole discretion. Using a particular form of notice in some instances does not obligate us to use the same form in other instances, unless the Company is duty bound to do so under any applicable law. Any changes or modifications will be effective immediately upon posting the revisions on the Website or at the instant that Company transmits the information to the Users (e.g. via email). These changes will apply at that instant to all then current and subsequent users of the Website. Your continued use of this Website acts as acceptance of such changes or modifications. If you do not agree to the Terms in effect when you access or use the Website, you must stop using it.

1.6. Website – the internet service located at the www.jobsparkle.nl domain, to which jobsparkle.nl holds rights;

1.7. Client, or you – legal entity, organization without legal personality legally vested with the capacity to perform acts in law, as well as any individual carrying out a business activity, using the Services provided by jobsparkle.nl;

1.8. Parties – jointly you and jobsparkle.nl;

1.9. Contract – a Service provision contract concluded between jobsparkle.nl and you;

1.10. Purchase Order – a purchase order placed by you and accepted by jobsparkle.nl for implementation; a Purchase Order may be placed within the scope of a Contract concluded between the Parties or individually through the Service by adding a Job Announcement through the Website;

1.11. Rules – these Rules;

1.12. Employer’s Panel – a panel assigned to a given Client as a result of a due registration in the Service, serving to publish, modify and remove Job Announcements, extend the publication of Job Announcements, manage the company profile, browse through the applications uploaded by the Users, downloading applications (Users’ CVs), removing applications uploaded by the Users and managing other Services used by a Client through the Service;

1.13. Job Announcement – a job announcement published by any Client on the Website under a Contract with jobsparkle.nl or published by jobsparkle.nl at a Client’s request; notwithstanding the manner of publication, the content of a Job Announcement is always defined by the Client;

1.14. Company Profile – a section on the Website enabling you to present your business and track record;

1.15. Fee – a fee payable by you for the Services provided through the Website by jobsparkle.nl;

1.16. User – an individual using the Website in order to review Job Applications published by Clients and to reply to such Job Announcements, or to review Clients’ Company Profile;

1.17. GDPR – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;

  1. Preamble

2.1. Company provides the Services related to Browsing Content: Users can browse the content posted on the Website, including Job Announcements and the Brand Stories of Announcers; Application Submission: Users can file applications in reply to Job Announcements; User Account Registration: Users can register a User’s Account; User Account Access: Users can access their User’s Account; User Account Functionality: Users can use the functionalities of the User’s Account, such as sending applications in reply to Job Announcements using their User’s Profile or setting preferences in the selection of Job Announcements..

2.2. You agree to use the Services only for the purposes that are permitted by the Terms and any applicable laws, regulations or generally accepted practices or guidelines in the relevant jurisdictions.

  1. Age and Legal Capacity Restrictions

3.1. Persons under the age of 18 should use this Website only with the supervision of an adult. Payment Information must be provided by or with the permission of an adult.

3.2. Persons with limited legal capacity (those, who were deprived of certain rights by the court’s decision) should use this Website only with the supervision of a supervisor/guardian. Payment Information must be provided by or with the permission of a supervisor/guardian.

  1. Intellectual Property and Copyright of Feedback Materials

4.1. All information, data and content of a graphic nature, any other subject matter recognized as intellectual property under any applicable laws available on our Website is the property of the Company and its related entities and affiliates.

4.2. You may not copy, duplicate, print or circulate the information of this Website without our prior written consent.

4.3. Company grants you a non-exclusive, perpetual and non-transferable license to use the Website, solely for the purposes indicated herein and you shall have no right to resell or otherwise distribute any content of the Website.

4.4 You acknowledge and agree that any materials, including but not limited to questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or commentary you provide on our Website or one of our social media accounts, regarding Company or the Services (collectively, "Feedback") that are provided by you, whether by email, posting to the Website or otherwise, are non-confidential and will become the sole property of Company.

4.5 Company will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

  1. Confidentiality of the Transmission of Information Over the Internet

5.1 The transmission of data or information over the Internet or other publicly accessible networks may not always be secure and is subject to possible loss, interception, or alteration while in transit. Accordingly, Company does not assume any liability for any loss or damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including but not limited to transmissions involving the Website or email with Company containing your personal information while using an unsecure network. While Company will make all commercially reasonable efforts to safeguard the privacy of the information you provide to Company and will treat such information in accordance with Company's Privacy Policy, in no event will the information you provide to Company online be deemed to be, confidential, create any fiduciary obligations for Company, or result in any liability for Company in the event that such information is accessed by third parties without Company's consent while you use an unsecure network.

5.2 Company may disclose, upon acquiring prior consent from the client, to third parties the fact that you are a client of the Company, the general nature of the Service in which the Company has assisted you. Additional information on the Services supplied to you may be disclosed by the Company without your consent, if such information has entered the public domain before disclosure by the Company. The Company may use your trademark or logo in conjunction with permitted provision of information.

5.3 We are required to disclose information regarding our customers in the following cases: JobSparkle (Company) may need to disclose customer information in certain situations as required by Dutch and European Union (EU) laws and regulations. These situations may include compliance with legal obligations, regulatory requirements, and user violations. We may disclose customer information in response to lawful requests, such as court orders or requests from law enforcement agencies, in accordance with Dutch and EU law. Furthermore, compliance with employment and data protection regulations may necessitate sharing customer information with relevant authorities. In cases where users have violated our terms of use or engaged in fraudulent or unlawful activities on our job board, we may also disclose customer information, provided such disclosures are in compliance with legal standards. National security concerns or requirements related to counter-terrorism and related activities may lead to mandatory information sharing in specific cases as mandated by Dutch or EU law. Please be assured that any disclosure of customer information without user consent will be executed with utmost care and only within the confines of the law. We are committed to safeguarding user privacy and data security in full accordance with Dutch and EU legal frameworks, as well as relevant data protection and privacy regulations such as the General Data Protection Regulation (GDPR) within the EU..

  1. Limited License

Company grants you a limited, nonexclusive, non-transferable license, subject to these Terms, to access and use the Website, and the content, materials, information, and functionality available in connection therewith (collectively, the "Content") solely for information or other approved purposes as expressly permitted by Company from time to time.

Any other use of the Website or Content is expressly prohibited. You will not copy, transmit, distribute, sell, resell, license, decompile, reverse engineer, disassemble, modify, publish, participate in the transfer or sale of, create derivative works from, perform, display, incorporate into another website, or in any other way exploit any of the Content or any derivative works thereof, in whole or in part for commercial or non-commercial purposes. Without limiting the foregoing, you will not frame or display the Website or Content (or any portion thereof) as part of any other website or any other work of authorship without the prior written permission of the Company.

If you violate any portion of these Terms, your permission to access and use the Website may be suspended and/or terminated immediately pursuant to these Terms. In addition, we reserve the right to avail ourselves of all remedies available at law for any such violation. "JobSparkle", and all logos related to the Services or displayed on the Website are either trademarks or registered marks of the Company. You may not copy, imitate or use them without Company's prior written consent.

You will not, nor will you authorize or encourage any third party to (i) use the Services to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Company; (ii) use any robot, spider, other automated devices, or manual process to monitor or copy any content from the Services.

  1. Third-party Content

The Company, its affiliates, and its Users may provide third party content on the Website and may provide links to web pages and content that are not owned or controlled by Company (collectively the "Third Party Content") as a service to those interested in this information. Company does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to its accuracy or completeness. You acknowledge and agree that the Company is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third-Party Content. You acknowledge that your use of such Third Party Content is at your own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Website.

  1. Services, Pricing and Availability

8.1 Whilst every effort has been made to ensure that all general descriptions of Services are available and correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether.

8.2 Where appropriate, you may be required to select the required Plan of Services.

8.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.

8.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

8.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

  1. Orders and Provision of Services

9.1 Advertisements of goods and services provided by the Company on its Website constitute a public offer. By placing an order you accept the public offer.

9.2 Order confirmations will be sent to you before the Services begin and shall contain the following information:

9.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;

9.2.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;

9.2.3 Relevant times and dates for the provision of the Services;

9.2.4 User credentials and relevant information for accessing those Services.

9.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.

9.4 Payment for the Services shall be taken via your chosen payment method 1) immediately for any setup fee that corresponds to the service plan you purchased/instant purchase of goods and/or services and 2) at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received..

9.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Under normal circumstances, you will be granted immediate access to the digital products (courses) after the payment has been processed.

9.6 Company shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.

9.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.

Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.

  1. Cancellation of Orders and Services

10.1 We want you to be completely satisfied with the Products or Services you order from the Company. If you need to speak to us about your Order, then please contact customer care by email or write to us at our address. We provide Services, which are available for screening and downloading immediately after the payment is processed. Therefore, you cannot cancel your order anymore if you started consuming the content or downloaded it. By watching or downloading the digital content, you agree that the order is not subject to cancellation anymore.

  1. Privacy

11.1 Use of the Website is also governed by Our Privacy Policy which is incorporated into these Terms by this reference.

  1. How We Use Your Personal Information (Data Protection)

12.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the GDPR and Directive on privacy and electronic communications.

12.2 We may use your personal information to:

12.2.1 Provide Our Services to you;

12.2.2 Process your payment for the Services; and

12.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

12.3 We will not pass on your personal information to any other third parties without first obtaining your express permission.

  1. Disclaimers

13.1 We make no warranty or representation that the Website will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Goods or Services.

13.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

13.3 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

  1. Changes to the Facilities and These Terms

14.1 We reserve the right to change the Website, its Content or these Terms at any time. You will receive an update about any implemented changes. You will be bound by any changes to the Terms from the first time you use the Website following the changes. If We are required to make any changes to these Terms by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

  1. Availability of the Website

15.1 The Website is provided “as is” and on an “as available” basis, uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and desired outcome after the course completion. We provide material for learning and acquiring skills. The outcome remains individual and may vary depending on various circumstances.

15.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, internet speed, power failure, natural events, acts of war or legal restrictions and censorship.

  1. Applicable Law and Jurisdiction

16.1. You understand and accept that the relationship between you and Company shall be governed in all respects by the laws of The Netherlands.

16.2 If any provision of these Terms is held to be invalid, void due to contradicting law or for any reason unenforceable, such provisions shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

16.3 Any disputes arising out of this Agreement shall be settled in the relevant local court pursuant to the laws of The Netherlands.

  1. Limitation of Liability

17.1 Company does not assume any liability for damages or losses related to the Website, including the use of any information made available on the Website. The Company also shall not be held liable for the content of hyperlinks to Websites of third parties.

  1. Technical Requirements

18.1 To use the Services, you should have:

  • A computer, smartphone, or other multimedia device with access to the Internet.
  • Access to electronic mail.
  • A Web browser.
  • Activated cookies saving and JavaScript in the Web browser (recommended).
  • Some standard software to read PDF files.
  1. Scope of Services Provided Through the Website

19.1 We enable Clients to use the following Services through our Website:

  • Access to the Employer’s Panel.
  • Publishing, modifying, removing Job Announcements from the Website.
  • Managing the applications uploaded by Users, i.e., reviewing applications, downloading CVs, and removing applications, if you do not use a third-party system to manage applications.
  • Promoting Job Announcements.
  • Browsing through Company Profile and brand tracking.
  • Downloading paid invoices (if available in the Account).
  • Downloading the VAT invoice for purchases made within the scope of the Service.

19.2 Services are provided on the Website, via the Internet.:

19.3 The Website also enables Clients to: view Job Applications posted by Users, and to access Clients’ Company Profile

  1. Performance of Services

20.1 At jobsparkle.nl, we take pride in providing our services with dedication and commitment. However, it's important to understand that we do not bear any liability for non-performance of services or improper service performance caused by factors beyond our control. These factors may include the failure of software or hardware used by the client, loss or suspension of the Internet connection, or incorrect configuration of the software or hardware used by the client. Our primary aim is to ensure that services are delivered correctly and without interruptions. We make every effort to maintain the quality and availability of our services. In addition to our dedication, the Parties have the flexibility to perform a contract through email correspondence, allowing for efficient communication and agreement on various matters. We believe in providing a range of communication options to facilitate the needs of our clients and ensure a smooth and efficient collaboration.

  1. Job Posting Guidelines

21.1 Job Announcements and Posting Guidelines: jobsparkle.nl upholds a commitment to quality and ethical job postings. We reserve the right to review and approve all Job Announcements before they are published on our website. Our objective is to ensure that job postings comply with our guidelines and policies. All Job Announcements must meet the standards of being clear, accurate, and free from discrimination, bias, or any inappropriate content. They should align with our community standards. In cases where Job Announcements do not meet our posting guidelines, we retain the right to reject or remove them. Rest assured, we will provide feedback and support to help you bring your job listings into compliance.

21.1 User and Candidate Data: As a valued Client, you may have access to personal data of job applicants or candidates using our platform. It is of paramount importance that you handle this data with care and in strict compliance with applicable data protection regulations, such as the GDPR. By using our platform, you agree not to misuse or share candidates' personal information without their explicit consent. Any data collected or processed should be solely for the purpose of recruitment and should be handled in accordance with your privacy policy.

jobsparkle.nl places a high priority on maintaining the security of user data on our platform. However, it's essential to note that we are not responsible for the use or misuse of data that occurs outside the platform. Your commitment to ethical and lawful data management is fundamental to the trust and integrity of our service.

  1. Communication

22.1. You agree and acknowledge that all agreements, notices, disclosures and other communications that Company provides pursuant to these Terms, may be provided in electronic form.

22.2. These Rules have been prepared in the English language version and translated into other languages. In case of any discrepancies between the versions, the English version shall prevail.

22.3. If you have any questions regarding these Terms, you are welcome to contact us by email at [email protected].

  1. Appendix

Contract template provided courtesy of Entytec.

Service Agreement

Last Edited: 08.07.2024

  1. Scope of Services

The Client receives the Job Board Services from the Provider in the context of the following performance:

  1. Job Listings: Publishing and managing job announcements on the job board.
  2. Application Management: Offering tools for job applicants to apply for job listings.
  3. Profile Management: Enabling users to set up and manage their profiles.
  4. Preference Setting: Allowing users to customize their job announcement preferences.
  1. Duration

The agreement commences upon the Client's initial payment and continues until terminated in accordance with these terms.

  1. Compensation and Costs

In exchange for the services provided through our subscription-based model for job postings (SaaS), the Client will be charged as follows:

  1. Standard Plan: €99.90 per month (excluding BTW)
    1. Includes 5 job listings
    2. Each listing visible for 30 days
    3. Unlimited open applications
  2. Growth Plan: €169.90 per month (excluding BTW)
    1. Includes 10 job listings
    2. Each listing visible for 30 days
    3. Unlimited open applications

All amounts stated in the agreement are exclusive of taxes (such as BTW).

  1. Payment and Invoicing

Payments are made by the Client at the time of purchasing the subscription. The Client pays the fee through Stripe, our third-party payment processor. By subscribing, the Client authorizes JobSparkle.nl to automatically deduct the subscription fee on a monthly basis through Stripe. Accepted payment methods include Mastercard, Visa, and iDeal.

If the Client does not complete the initial payment, the subscription will not be activated. For subsequent payments, if the auto-deduction fails, the Provider may claim statutory interest on any unpaid amount and suspend the execution of the Assignment until full payment is received. The Client is responsible for ensuring that their payment information is up to date to facilitate successful automatic deductions. All payments must be made in accordance with the terms set forth by Stripe, and any issues or disputes arising from the payment process should be addressed directly with Stripe.

If the Client wishes to cancel the subscription, they must do so at least 7 days before the next billing cycle to avoid the next auto-deduction. Cancellation requests should be made through the Client’s account settings on JobSparkle.nl.

  1. Liability

Unless otherwise stipulated in this agreement, the liability of the Parties in the event of serious shortcomings in the performance of this Agreement is limited to the amount of the price of the Assignment and to foreseeable, direct, personal, and specific damage, thus excluding indirect, immaterial damage (such as additional costs, loss of profit, loss of data).

  1. Marketing

The Client permits JobSparkle.nl to use its logo, name, and quotes from its employees for marketing purposes, including but not limited to showcasing who we work with. This includes, but is not limited to, use on our website, social media channels, and promotional materials, provided that such use does not disclose any confidential information as defined above. If the Client does not wish for their logo, name, or quotes to be used for marketing purposes, they must state this explicitly in writing to JobSparkle.nl.

  1. Amendments

JobSparkle.nl reserves the right to amend these terms and conditions at any time. Amendments will be posted on our website, and it is your responsibility to review these terms periodically. Continued use of the services after any changes indicates acceptance of the new terms.

  1. Third-Party Payment Processor

JobSparkle.nl uses Stripe as a third-party payment processor to handle all transactions. By using our services, you agree to be bound by Stripe’s Terms of Service and Privacy Policy.

  1. Data Handling: Stripe will collect, use, and process your information, including payment information, in accordance with their privacy policies.
  2. Liability: JobSparkle.nl is not liable for any issues or disputes arising from payments processed through Stripe. Any issues should be addressed directly with Stripe.
  3. Compliance: JobSparkle.nl ensures that all transactions comply with relevant local and international laws and regulations. By using our payment services, you agree to comply with all applicable laws and regulations regarding the use of Stripe.
  4. Fees: Transaction fees may apply as per Stripe’s fee structure. These fees are subject to change and are governed by the terms set forth by Stripe.

Invoices can be generated by our 3rd party invoice processor system ZenVoice. By using our services you agree to be bound by their Terms of Service.

  1. Contact Information

For any questions regarding these Terms and Conditions, please contact us at [email protected].

  1. Acceptance

By using JobSparkle.nl, you signify your acceptance of these terms. If you do not agree to these terms, please do not use our site. Your continued use of the site following the posting of changes to these terms will be deemed your acceptance of those changes.

Need help?

Hello! We're here to assist you with any questions or concerns you may have, whether it's about filling in details, missing job categories or contract types, identifying any gaps, or resolving any technical issues. Please reach out to us at [email protected], and we'll respond promptly to help you out.

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