General Terms and Conditions of JobTender24 GmbH (hereinafter referred to as “AGJT”).
Valid from 1 January 2020 (Previous General Terms and Conditions until 31.12.2019).
JobTender24 is a tendering and recruitment service provided by JobTender24 GmbH based in Düsseldorf, Germany (hereinafter referred to as the “Operator”). JobTender24 enables companies to generate qualified candidates through a specially developed tendering and process platform. Furthermore, JobTender24 offers companies transparency with regard to the processes involved in working with headhunters and recruitment agencies.
1. scope of application
1.1 These General Terms and Conditions apply to all current and future services between the Operator and the Internet pages offered by the Operator on the homepage jobtender24.com as well as other top-level domains under the name “JobTender” or “JobTender24” (hereinafter referred to as “JobTender24”) and each User (as defined in 1.2).
1.2 Registered persons are referred to as “users”. They maintain a user account with their personal information. A User may be an employee or representative of a company who has registered with JobTender24 with the intention of recruiting or placing personnel or awarding a search project to one or more headhunters (hereinafter “Company”), as well as a headhunter / recruitment consultant / recruitment agency / other intermediary (previously and hereinafter uniformly referred to as “Headhunter”) who is registered to propose and place qualified candidates with Companies or to process search mandates for Companies. All users confirm that they are authorised to use JobTender24 and, if they book something, to book the services.
1.3 For the purposes of this AGJT, “candidates” refers to all persons and service providers (including freelancers, interim employees, sales representatives, etc.) who are proposed by a headhunter with the aim that they are examined, hired or commissioned by a company.
1.4 “Tender” or “advertisement” refers to the deposit of information and conditions in the context of a vacant position to be filled (search mandate). Tenders are used to obtain candidates from headhunters to fill a vacant position.
1.5 The AGJT apply exclusively, even if the use or access takes place outside the Federal Republic of Germany. General terms and conditions of the User that conflict with these AGJT are not binding for the Operator, even if the User declares them to be applicable and the Operator does not expressly object to their content. They only become part of the contract if the operator has agreed to their validity in writing.
Unless otherwise agreed, the AGJT shall apply in the version last notified in text form by the operator at the time of the deposit of an invitation to tender.
shall also apply to all future contracts, even if they are not expressly agreed again. Subsidiary agreements as well as amendments and additions to the AGJT are only valid if they have been confirmed in writing by the operator.
1.6 The AGJT apply in conjunction with the data protection declaration (available at: https://jobtender24.com/datenschutzerklaerung) and the data processing agreement (available at: https://jobtender24.com/datenverarbeitungs-vereinbarung).
2. invitation to tender, procedure, conditions
2.1 Authorised companies (as defined in 2.11.) can advertise vacant positions via JobTender24 and manage them and all related processes in the system. Furthermore, companies can book optional services. The operator reserves the right to check advertisements and to refuse their publication if, for example, there is a violation of the General Equal Treatment Act or other discrimination or the conditions offered do not meet the operator’s expectations or the seriousness of the advertisement is in question. However, the operator is not obliged to do so. Headhunters can view tenders or receive information e-mails about new tenders and can apply for them.
2.2 Companies enter the details of the candidate they are looking for (position, salary, qualifications, etc.) as well as all relevant briefing information on the position. In doing so, the companies can determine the amount of the conditions for the case of success or alternatively have candidates suggested for whom the headhunters offer individual conditions for the case of success.
2.2.1 The company is not permitted to include contact details or the company name in the general advertisement fields in its advertisement published on JobTender24. Only the corresponding mandatory fields of the platform are to be used for this purpose.
2.2.2 The company can book additional service modules in advance within the framework of contracts or online in the system, such as the chargeable “Managed Service” (active support by the JobTender24 team).
2.3 JobTender24 forwards the advertisements – if necessary after checking – to the connected or selected or authorised headhunters (“activation”). Authorised headhunters can apply for tenders and, if they are activated, propose suitable candidates with a meaningful profile or in a format specified by JobTender24. In the course of their application, they state their specialisation, the reason for the application and how many candidates they expect to be able to propose in which period of time. JobTender24 can provide the advertising company with the following additional information
information about the headhunter’s performance on JobTender24 (e.g. number of participations, candidate proposals, interviews achieved, successful placements – over a period of time), so that the company can better assess the headhunter’s application.
2.4 Companies or (in the case of Managed Service) the JobTender24 team select the headhunter(s) who will be activated for the tender. The headhunters who are activated for participation will then receive further information about the tender and the company.
2.5 Companies check all incoming candidate proposals and inform the operator and the headhunter (and thus the candidate) via JobTender24 within 14 calendar days whether a candidate proposal is accepted and goes into further consideration (e.g. interview) or is rejected. Candidate proposals that are not rejected within 14 calendar days are automatically considered accepted in tenders where the company offers a premium per accepted candidate proposal or when using booked candidate quotas and are charged accordingly.
Also in the further course, the company always posts the respective process status (e.g. interview, negotiation or rejection) with the candidates on JobTender24 within 7 calendar days after a change. If a candidate is rejected, the company states the reason for the rejection.
If a company enters into a contractual relationship with a candidate, the company deposits all required information in the JobTender24 system within 3 calendar days.
2.6 Headhunters are obliged to discuss the position, the requirements, the salary offered and the intention to propose with the candidate in advance for all candidates they propose via JobTender24. A candidate may only be proposed if the headhunter has been expressly and verifiably given permission to do so by the candidate. This also includes the storage of the candidate’s data at JobTender24 as well as at the company.
2.7 It is agreed that candidate proposals are evaluated as pure proposals by the headhunter and do not have the status of an application by the candidate to the company with the associated rights, insofar as this is legally permissible. Should the reimbursement of travel or other costs for candidates not be covered within the framework of a tender, this must be communicated in advance in writing by the company to the operator and the headhunters in the online briefing.
2.8 First come first serve: If a candidate is submitted to a tender by several headhunters, in the event of success only the headhunter who first proposed the candidate for this tender via JobTender24 (and who has not withdrawn the candidate in the meantime) shall be entitled to the performance-related remuneration.
2.9 Exclusivity: For all advertisements it is a prerequisite that no other headhunters and ideally no commercial job boards are commissioned by the company for the advertised position apart from JobTender24. If this condition is not met, the operator reserves the right not to activate the advertisement or to terminate it again, as the parallel search is detrimental to the success of JobTender24 and the participating headhunters.
2.10. Individual conditions: In addition to these AGJT, the conditions stated in the respective advertisement apply. Should these contradict the AGJT at individual points, the conditions stated in the advertisement apply at these points.
2.11. “Eligible” according to this AGJT are companies and headhunters who have a valid contractual relationship with the Operator and who have the corresponding rights or quotas to advertise and/or participate in tenders and who have been activated for this purpose.
2.12. Tenders to preferred suppliers: If a company has booked the “Preferred Supplier Module”, the company may also publish tenders exclusively to headhunters with whom a valid written so-called “Preferred Supplier Contract” exists between the company and the headhunter. These headhunters are to be named to the operator by the company before the tender is submitted. With regard to the procedure, remuneration, proposal conditions and guarantee, only the conditions agreed between the company and the headhunter in a preferred supplier contract independent of the operator shall apply to these tenders. The operator is not involved in this and makes the JobTender24 system available for the purely procedural handling of these advertisements and candidate generation for a fee. The operator concludes a separate contract with the company for these advertisements.
2.13. In principle, the respective national law is to be taken into account by the users for all advertisements and participations.
3.1 Registration on JobTender24.com is free of charge for users.
3.2 For the publication of an advertisement, the optional managed service, the use of the system or individual service modules, for memberships or for the generation of candidates via JobTender24, a remuneration is specified in the current price list or in individual offers, depending on the tender type.
3.3 A performance-related remuneration is to be paid for tenders if such a remuneration is offered by the company for the case of success or if a candidate is recruited for whom the conditions were offered by the headhunter. The remuneration is payable when an employment or other contract is
between the company (or a company affiliated with the company) and a candidate placed via JobTender24 for the advertised position or another position is concluded during the term of the tender and for up to 12 months after the end of the tender (“success case”).
This also applies if a headhunter participating in a tender proposes candidates outside JobTender24 for a tender of the company.
In each case of success, the tendering company reports to the operator the title of the position, the type of employment, the signature and start date as well as the contractually agreed total remuneration incl. bonuses, commissions and other benefits that are part of the remuneration (see section 18.104.22.168.).
If an advertised position is filled several times (“multiple filling”), the performance-related remuneration is due for each filling or each project placement. The same applies if one or more candidates from the advertisement are filled for another position – during the term of the tender and for up to 12 months after the end of the tender.
3.3.1 Should a fixed premium have been offered by the company in JobTender24 as part of an advertisement as performance-related remuneration, this will be the basis for invoicing in the event of success. In the case of an agreed premium per accepted candidate proposal, this is due if a candidate proposal has been accepted by the company or is considered “accepted” according to section 2.5. and can be invoiced.
3.3.2 Should a percentage commission dependent on the annual target salary have been offered by the company in JobTender24 in the context of an advertisement as performance-related remuneration, the basis for invoicing is the total remuneration actually contractually agreed with the candidate.
22.214.171.124 The total remuneration shall include the fixed annual gross salary or contract volume agreed in the contract with the candidate plus all fixed and variable components, bonuses and the provision of motor vehicles.
126.96.36.199 If no fixed total annual salary or contract volume (e.g. in the case of commercial agents or freelancers) has been agreed with the candidate, the target annual salary originally entered in the advertisement shall be taken as the basis for calculating the performance-related remuneration.
188.8.131.52 If a total remuneration deviating by more than 10% downwards from the originally advertised annual target salary has been agreed with the candidate, the basis for the calculation of the performance-related remuneration shall be the annual target salary originally deposited in the advertisement less 10%.
184.108.40.206 If a bonus or variable remuneration is planned but has not yet been determined when the contract is concluded, a flat-rate bonus of 25% of the agreed actual annual salary shall be agreed as the basis for calculating the performance-related remuneration.
3.3.5 In the event of disagreement regarding the total remuneration, the operator may demand the concluded contract with the candidate from the company in order to clarify the facts. The operator undertakes to handle this contract in strict confidence. In exceptional cases, the company, the headhunter and the operator may mutually agree on deviating regulations in the case of an advertisement.
3.4 The Operator shall invoice the company issuing the advertisement for the performance-related remuneration, bonuses and for the optional other services (e.g. managed service, bonus per accepted candidate proposal, service modules, etc.). The Operator’s invoice shall be issued – net plus the statutory value added tax and shall be due for payment within 14 calendar days of the invoice date. The operator is entitled to demand interest on arrears at the statutory rate in the event of a delay in payment. The operator may assign its invoices to service providers (e.g. factoring etc.). All payments are to be made free of deductions to the account of the operator or its commissioned service provider.
3.5 The headhunter who is successful in each case shall invoice the operator for his placement activity when the candidate takes up his duties. A prerequisite for the headhunter’s claim to remuneration is that the candidate proposed by him via JobTender24 for a tender has entered into a contractual relationship with the company within 6 months of the candidate’s proposal and no guarantee case has occurred. A headhunter, on the other hand, has no claim to a placement commission if a candidate who was proposed by him on a tender was also proposed and successfully placed by another headhunter on another tender, even if it is the same company. In no case does a headhunter have a claim to remuneration against the operator if a candidate was not proposed via JobTender24.
3.5.1 The amount of the invoice for placements from the headhunter to the operator corresponds to the performance-related remuneration less the share due to the operator (“processing fee”), the amount of which depends on the headhunter’s agreement with the operator, the type of advertisement and the number of accepted headhunters for this tender. The conditions are specified in the tenders or in individual contracts. Otherwise, the conditions according to the current price list apply. If the company offers bonuses per accepted candidate proposal in a tender, the headhunter can invoice his share of these bonuses, previously agreed with the operator, in the following month.
3.5.2 The Headhunter shall include in his invoice for placements the JobTender number allocated by the Operator for the advertisement following successful placement in order to enable his invoice to be allocated. In the case of invoices for bonuses per accepted candidate proposal, the headhunter shall include in his invoice the title of the tender as well as the title and name of his candidate proposal and the proposal and acceptance date.
3.5.3 The Headhunter’s invoice is due within 30 calendar days from the date of the invoice, provided that payment has been made by the Company to the Operator by that time and no guarantee event has occurred. Any bank charges incurred in making payment to Headhunter shall be borne by the recipient.
3.5.4 The basic prerequisite for the due date of all payments is initially the full payment of the invoice of the Company to the Operator, i.e. should the Company fail to pay (for reasons of insolvency, for example), the Headhunter shall have no separate claim to its placement commission or premium share against the Operator. If the payment is not settled because the company for other reasons does not consider the headhunter’s activity as a successful placement or the candidate proposal as not accepted, the headhunter also does not acquire a direct claim against the operator. However, the operator assigns his rights from the placement transaction to the headhunter so that the headhunter can pursue them in court in his own name. The operator’s claim to the processing fee shall continue to exist in this case.
4. guarantee for companies in the case of performance-related remuneration
4.1 For tenders, the following basic guarantee is granted by the Operator and the respective successful headhunter: Should a placed candidate demonstrably not take up his or her service, the company will be refunded 50 percent of any performance-related placement fee already paid out, taking into account clause 4.2.5. The same shall apply to fixed success bonuses offered. However, the headhunter may in all cases use the second proposal option pursuant to Clause 4.3.3, whereby the refund may be postponed or cancelled. 4.2 For tenders with “Managed Service”, the Operator and the respective successful Headhunter grant the following extended guarantee, which represents a fair balance between investment of the Company and work performed and risk of the Headhunter and Operator:
4.2.2 If a placed candidate does not take up his or her service, the company will be refunded 70 percent of any performance-related placement fee already paid out, taking into account clause 4.3.5.
of clause 4.3.5. shall be refunded. The headhunter may, however, use his second proposal option pursuant to Clause 4.3.3.
4.2.3 Should a candidate demonstrably terminate his/her contract with the Company within the first 14 calendar days after the contractually agreed start of service, the Company shall be reimbursed 50 per cent of any performance-based placement fee already paid out, taking into account Clause 4.3.5. However, the headhunter may use his second proposal option pursuant to Clause 4.3.3.
4.2.4 Should a Referred Candidate demonstrably terminate his/her contract with the Company from (and including) the 15th calendar day and up to (and including) the 30th calendar day, the Company shall be refunded 30 per cent of any Performance Fee already paid, taking into account Clause 4.2.5. However, the headhunter may use his second proposal option pursuant to Clause 4.3.3.
4.2.5 After the 30th calendar day, any guarantee shall lapse.
4.3 General guarantee conditions:
4.3.1 Cancellations of a placed candidate by the company are not covered by the guarantee. Furthermore, the Company’s guarantee claims will lapse if newly proposed candidates under the second proposal option are not reviewed by the Company within 14 calendar days. A guarantee is also excluded if the company decides to no longer fill the position or to fill it internally. Likewise, there is no guarantee for bonuses per candidate proposal or for other benefits.
4.3.2 The operator and the headhunter must be informed of this in writing within 7 calendar days of the occurrence of a guarantee event by email to firstname.lastname@example.org. Evidence, such as a letter of resignation from the candidate, must be submitted on request. Later notifications will not be recognised.
4.3.3 In each guarantee event, the headhunter shall be given the option to supply further suitable candidates within 90 calendar days. The headhunter must notify JobTender24 of the exercise of the option to propose further candidates within 7 calendar days of notification of the guarantee case by email to email@example.com (“second proposal option”). In this case, the repayment obligation of a guaranteed sum is suspended. If one of these candidates is hired by the company, no guarantee sum will be due. The guarantee for the first candidate will lapse and the company will receive a guarantee with the same content for the new candidate instead.
4.3.4 The operator shall pay the guarantee sum to the company within 60 calendar days after notification of the guarantee case (according to section 4.3.2.) via JobTender24 or, if the second proposal option is used (according to section 4.3.3.), within 14 calendar days after the unsuccessful expiry of the option, provided that all proposed candidates have been rejected.
The headhunter is obliged to repay his commission share for this placement to the operator immediately after the occurrence of the guaranteed event or, if the second proposal option is applied, immediately after the unsuccessful expiry of the option. Should the headhunter fail to pay on time, interest on arrears at the statutory rate shall be due.
4.3.5 The repayment obligation of the Operator to the Company is subject to the prior full payment of the Company to the Operator as well as the full reimbursement of already paid out shares of the Headhunter to the Operator. Any bank charges under the guarantee reimbursements from the Operator to the Company shall be borne by the Recipient.
4.3.6 Should the Headhunter consider the guarantee case not to have occurred and fail to pay on this or any other grounds, the Operator shall be released from the obligation to repay the Company in the amount of the corresponding share. The operator, however, assigns his rights to the company so that the company can pursue them in court against the headhunter in its own name. Prior to this, the operator may, if desired, act as mediator between the company and the headhunter, in which case the company’s payment claims shall be suspended for the duration of the mediation until an agreement is reached.
4.4 In exceptional cases, the Company, Headhunter and Operator may mutually agree on different guarantee arrangements in writing.
4.5 In the case of tenders in which only Preferred Suppliers (in accordance with section 2.12.) can participate exclusively, any guarantee on the part of the Operator shall lapse.
5. rights, duties of the users, prohibitions
5.1 Required Permits: All users affirm that they have the necessary authorisations or memberships for their activity and the use of the platform and that they comply with all necessary requirements. Users of companies and headhunters confirm that they are authorised to use JobTender24 within their respective companies and accept the conditions on behalf of the entire company. The operator is indemnified from all damages resulting from a
The operator is exempted from all damages resulting from a violation of these rules, including the violation of company-specific regulations as well as guidelines, country-specific rights, licences and other regulations.
All headhunters from Switzerland separately affirm that they are in possession of the necessary authorisation pursuant to Article 2 et seq. of the Employment Placement Act from the cantonal employment office and, if required, from SECO in Bern.
The same applies to headhunters from other countries where special authorisations are required for the placement of candidates.
5.2 Deposit of data: All users ensure that the data deposited with the operator comply with all statutory and legal provisions of the country in which the user or the recipient is based. In particular, the data must not violate any copyright, data protection or personal protection rights. The relevant consents of the persons concerned must be available for all data posted. Users shall bear sole responsibility under press law, competition law and other laws for the data they make available and assure that they possess all the necessary rights thereto.
All users undertake to check all personal data submitted to the operator for truthfulness and completeness. When using JobTender24, only hardware and software that comply with the usual security standards may be used. The data and information exchanged via the platform may only be used for the purpose of filling advertised vacancies processed via JobTender24. All data must be treated confidentially and only made accessible to authorised persons. The publication or linking of files or information on other platforms or their automatic reading is prohibited. Any misuse will be punished by the operator.
5.3 Non-solicitation: The operator assures that it does not actively poach employees from paying customers through its own permanent employees. A poaching ban for the affiliated headhunters with regard to all registered or tendering companies has not been agreed and is also not feasible, as JobTender24 provides an open, neutral tendering platform to which numerous national and international headhunters are affiliated, who can also work on various projects for different companies outside JobTender24.
Should non-solicitation bans nevertheless have been agreed between companies and headhunters within the framework of individual conditions for individual tenders, these apply exclusively to the headhunter person participating in a tender of the company and not to the entire headhunting company. The operator assumes no liability for any damages resulting from noncompliance with non-solicitation bans, but will support the company with all necessary information for the realisation of any claims.
Furthermore, companies and headhunters are not permitted to poach employees of the operator or to have them poached by third parties during and after the termination of the use of JobTender24 for a period of 12 months. In the event of contravention a lump sum contractual penalty of € 25,000.00 is agreed, whereby the operator expressly reserves the right to claim further damages.
5.4 Prohibition of circumvention: As the Operator makes some effort to provide a functioning system, companies and headhunters are obliged to inform the Operator immediately of all attempts and facts of circumvention. Any headhunter who attempts to circumvent or manipulate the JobTender24 platform during or up to 12 months after participation in a tender by contacting advertising companies directly with the aim of proposing candidates for a position advertised via JobTender24 or another position without using JobTender24, or who actively conducts his own acquisition or personal presentation of his own services to the company in the course of a tender or even proposes the deactivation of JobTender24 to the company, harms the operator as well as the other participants. However, the prohibition of circumvention does not apply to candidate proposals for positions other than those advertised if the headhunter can prove to already be in an active, contractual business relationship with the said company at the time of participation. Furthermore, headhunters are not permitted to pass on information about an advertisement to colleagues or other third parties who are not involved in the search work for the respective advertisement. Participating headhunters explicitly agree to this.
An attempt at circumvention is further given if a company tries to obtain candidates for a tender or another position from a headhunter participating in the tender without involving JobTender24. However, this does not apply to positions other than those advertised, provided it can be proven that a valid contract already exists between the company and the headhunter for these other positions at the time of the tender.
In all cases of circumvention or infringement, a lump-sum contractual penalty of 30,000 euros per circumvention case is agreed, whereby the operator expressly reserves the right to claim further damages. Furthermore, the headhunter and the company can be permanently excluded from using JobTender24. A written confirmation from the company or the headhunter is sufficient to establish circumvention.
5.5 Deactivation of an account: The deactivation of a user account is possible at any time. All users are obliged to comply with the rights and obligations arising from these AGJT even after any deactivation of their account. Even after deactivation, users’ data relevant to the contract will remain stored for documentation purposes within the framework of legal requirements. All users explicitly agree to this.
5.6 Damages resulting from the employment of a candidate: Companies indemnify the operator as well as the headhunters from all damages arising in connection with the employment of a candidate. In addition, companies assure that they have the necessary authorisations to advertise the tender and employ the candidate. Otherwise, the company shall be liable to pay damages to the operator and the headhunter concerned.
5.7 Existing contracts, knowledge of a candidate: The company is obliged to indicate at the time of filing the advertisement whether headhunters have already been used for the position concerned or whether a job advertisement has been placed. The headhunter is obliged to check and immediately inform the company after notification whether and in what form a contract already exists with the company or whether work is being done contractually on this advertisement. The operator shall be informed of this without delay and may waive a handling fee after checking and assessing this information. Otherwise, the mandate shall be deemed to have been arranged via the operator.
If a candidate is proposed to the company who has already been introduced there by other means in the past six months, the company, which is obliged to provide evidence in this respect, must notify the operator of this in writing within 14 calendar days of receipt of the candidate proposal and provide evidence. Otherwise, the candidate shall be deemed to have been proposed and, if applicable, placed via the operator.
6. rights, duties and instructions of the operator
6.1 Verifications of users and advertisements: The operator shall randomly check generally accessible information about the headhunters on the basis of their homepage and other evidence. Any user who has obtained access by providing false information shall be obliged to pay a contractual penalty of 10,000 euros, irrespective of the actual damage. The operator may block or delete user accounts that have not been used for more than 12 months. Furthermore, the operator may terminate alerts that are older than six months. In addition, the operator reserves the right to delete data that is contrary to morality, violates the interests of the operator and/or violates applicable law. The operator can also exclude individual headhunters and / or companies from using JobTender24 without giving reasons.
6.2 Disclaimer: The platform is generally available for use around the clock. Shutdowns for maintenance work remain reserved. There is no claim to continuous use of the platform or individual functions. Consequently, a claim for damages due to lack of possibility of use is also excluded. The users of JobTender24 indemnify the operator against all damages which they cause to other users or third parties through infringement of their rights or other legal violations.
inflict. The operator also assumes no liability for damages arising from the use of JobTender24. The respective users are exclusively responsible for information deposited by users at JobTender24. The exclusion of liability also extends to all representatives and other vicarious agents of the operator. It does not apply in cases of intent and gross negligence or in cases of slight negligence for a not insignificant breach of an essential contractual obligation (obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely). Claims for damages arising from injury to life, body or health shall remain unaffected; claims for damages shall become statute-barred in accordance with the statutory limitation periods.
7. place of jurisdiction, applicable law
7.1 All matters in connection with the use of JobTender24 shall be governed exclusively by German law, excluding the conflict of laws provisions and the United Nations Convention on Contracts for the International Sale of Goods (UN Sales Convention).
7.2 If the contractual partner is a merchant or a legal entity, the place of jurisdiction is Düsseldorf. In deviation from this agreement on the place of jurisdiction, the operator is also entitled to sue the user at any other legal place of jurisdiction.
7.3 The Operator reserves the right to change the AGJT. In the event of a change to the AGJT, the Operator will notify the Users of the changes to the AGJT in text form (e.g. by e-mail). The changes will become effective vis-à-vis the users and the contractual relationship will continue under the changed conditions if the user does not object in writing to the operator within four weeks after receipt of the change notification. To meet this deadline, it is sufficient to send the objection to the operator in good time. In the event of an objection, both parties shall be entitled to extraordinary termination.
8. technology and evaluation
8.1 The operator uses state-of-the-art technologies and procedures to protect the data of its users in the best possible way. All participants undertake to handle all information and data exchanged via the platform, in particular personal and tender information, in strict confidence.
8.2 The operator may use user and usage data for the purpose of monitoring, evaluating and compiling statistics and may also publish statistical data, rankings and assessments of users to the extent permitted by law. The operator may cite the names of registered companies and headhunters as well as successful placements as a reference. References by name of successfully placed candidates may in principle only be published with their consent.
8.3 The operator may also use third-party providers for the collection of user and usage data (e.g. also page tracking).
9 Severability clause
If any provision of this AGJT is or becomes invalid or unenforceable, the remaining provisions of this AGJT shall not be affected thereby. This shall not apply if the omission of individual provisions would put a contracting party at such an unreasonable disadvantage that it can no longer be expected to adhere to the contract.