APPLICABLE TO THE SWOP RECRUITER WEBSITE
Article 1 – Contact details.
House of Invest NV
Tel. 051 46 05 00
Article 2 – Definitions.
The terms, hereinafter indicated with a capital letter, have the following meaning in these general terms and conditions:
Article 3 – Applicability.
By registering as a User-employer on the Website and/or using SWOP RECRUITER, the User-employer explicitly acknowledges to have read and accepted these General Terms and Conditions.
Every User-employer who wishes to use SWOP RECRUITER will have to provide certain (personal) data when registering on the Website, so that SWOP RECRUITER can pursue its objective and this because of the legitimate interest that HOI/ACCENT has in the process as part of carrying out its activities.
These General Terms and Conditions may not contain deletions and take precedence over all others. They can always be consulted on the Website. Any deviation from the General Terms and Conditions must be agreed in writing with HOI.
Article 4 – Objective.
The Website developed by HOI makes the search for the suitable User-candidate for a Vacancy easier for User-employer free of charge.
SWOP RECRUITER is a tool that offers every User-employer the possibility to keep an overview of his Vacancies (whether or not open) and to manage his candidate flow on a Vacancy.
Based on the data and preferences communicated by the User candidate on the SWOP Job board application, the User-candidate is offered suitable vacancies free of charge. The vacancies that are offered to User-Candidate in the SWOP Job board application, concern vacancies of ACCENT and possibly found vacancies of a third party employer through an job search engine. By swapping to the right in the application, the User-candidate can apply for a vacancy offered, by swapping to the left he can skip the vacancy and the next suitable vacancy is proposed.
If User-candidate swaps to the right and applies for a Vacancy of User-employer, User-employer will be informed of this via SWOP RECRUITER because the candidate profile immediately appears with the respective Vacancy of User-employer on the Website.
The Vacancy that the User-candidate has swiped to the right, can be made available to the User-candidate in two ways via the SWOP Job board application:
– Either the User-Client has contacted ACCENT with the request to make this Vacancy available to its candidates in order to find a suitable candidate;
– Or this Vacancy was found through an job search engine, which means that we have included a vacancy publicly shared by the User-Employer in our SWOP Job board application in order to generate extra inflow for the User-Employer free of charge. Given the size of the candidate silo ACCENT has at its disposal, there is a big chance that the User-Employer’s Vacancy will be filled in a short time. This extra inflow is offered to the User-Employer completely free of charge.
User-employer can view the candidate profiles that have applied for a Vacancy of the User-employer via the Website and possibly chat directly with the User-candidate and/or make an appointment.
User-employer can also add feedback to a candidate profile during the recruitment process.
User-employer can opt to receive a daily e-mail in which an overview is given of the activities on his profile.
In short, a handy tool that provides an overall picture to the User-employer.
Article 5 – Intellectual property rights – Right of use.
All intellectual property rights belonging to SWOP RECRUITER and the Website (as well as any modifications and/or extensions) lie and remain with HOI. The tool and the Website are the property of HOI.
Trademarks, logos, images, photos, animations, videos and text on the Website are the intellectual property of HOI and cannot be reproduced, used, published, distributed, sold or displayed without the express, prior and written permission of HOI.
User-employer recognises this fact.
HOI grants a non-exclusive right to User-employer to use the Website in accordance with the General Terms and Conditions.
For User-employer, this right of use commences at the moment that User-employer registers and/or uses the SWOP RECRUITER tool.
If the User-employer violates these General Terms and Conditions and/or uses the Website incorrectly and/or misuses it, HOI reserves the right to immediately deny the User-employer access and use of the Website and/or to block it and/or remove it without prior notice being required.
HOI may, at its own discretion, innovate the Website. HOI will try to inform the User-employer in a timely manner of the processing of the updates and/or upgrades insofar as they are important for the use of the Website. This is always at the judgment of HOI.
Article 6 – Account
The Account is a user profile that is made available to the User-employer via a username and password.
The Account remains the property of HOI. The User-employer is only entitled to access SWOP RECRUITER through the Account provided to the User-employer.
To create an Account, the User-Employer must enter the following minimum information:
– Company number: Based on the company number, SWOP RECRUITER collects the following public data:
– Company Name;
– Registered office;
– Phone number;
– Name, first name (natural person) User-employer;
– Job title;
The Account and personal data are managed exclusively through the Website.
The Account name (or login) and password gives the User-employer access to SWOP RECRUITER on the Website. The email address allows HOI to communicate with User-Employer to manage and control his Account and to send information related to the SWOP RECRUITER.
The Account must at least comply with the following rules:
– Personal information must be accurate, verifiable, complete and up to date. A valid personal email address must be provided.
– User-employer agrees not to use intermediary servers, both for Account registration and for connection to the Account.
– Automatic account creation and/or account creation under a false or fraudulent identity is strictly prohibited.
After registration, the User-employer can create multiple users in the same Account by including the name, first name, telephone number, e-mail address and job title of the relevant user.
If data changes, such as the telephone number or e-mail address of User-employer, User-employer must adjust this in his account as soon as possible.
Article 7 – Duration, availability and registration of use of the Website.
As soon as User-employer has registered on the Website, User-employer can use the SWOP RECRUITER tool. Once the User-Employer no longer wishes to use the Website and effectively wishes to unsubscribe, this can be done by contacting the contact information mentioned in Article 1.
User-employer can create additional user accounts (for internal employees) on his profile on the Website. User-employer can delete the user accounts at any time.
By deregistration from the User-employer, both the Account and any user accounts will be terminated.
HOI may, without prior notice, disable access to the Website or restrict its use, insofar as this is necessary for maintenance or modifications or improvements to be made to the Website or for any other reason, without giving any right to compensation of User-employer with regard to HOI.
Article 8 – Liability.
HOI only commits to an obligation of means and does not guarantee any result with regard to effectively finding a candidate for an open vacancy.
The information on the Website is of a general nature. The information is not adapted to personal or specific circumstances, and can therefore not be regarded as personal, professional or legal advice to User-employer.
HOI makes every effort to ensure that the information provided is complete, correct, accurate and up to date. HOI takes the necessary steps to secure the User-Employer’s data, which they have entered into the Website, as well as reasonably possible against loss, theft and unauthorised access.
Despite these efforts, inaccuracies may occur in the information provided.
If the information provided contains inaccuracies or if certain information on or via the Website is unavailable, HOI will make every effort to rectify this as quickly as possible.
However, HOI cannot be held liable for direct or indirect damage resulting from the use of the information on the Website or for direct or indirect damage resulting from inaccuracies in the information provided.
If you should discover inaccuracies and/or unlawful use in the information made available via the Website, you can contact the administrator of the Website. This can be done via the contact information mentioned in article 1.
The content of the Website (including any links) can be adapted, changed or supplemented at any time without notice or notification. HOI does not guarantee the proper functioning of the Website and can in no way be held liable for a malfunction or temporary (un) availability of the Website or for any form of damage, direct or indirect, that may result from the access. to or use of the Website.
Under no circumstances can HOI be held liable in any way, directly or indirectly, in a special or in any other way, for damage resulting from the use of this Website or any other, in particular as a result of links or hyperlinks, including without limitation , of all losses, work interruptions, damage to programs or other data on the computer system, of equipment, software or other of the User-employer.
The Website may contain hyperlinks to websites or pages of third parties or refer to them indirectly. Placing links to these websites or pages does not imply in any way an implicit approval of their content. HOI expressly declares that it has no control over the content or other characteristics of these links/websites and can under no circumstances be held liable for their content or characteristics or for any other form of damage resulting from their use.
User-employer acknowledges and accepts that the Website can never be perfect or 100% free of imperfections and that not all imperfections will (can) be repaired, although HOI will make every effort to do this.
Article 9 – Testing soft skills.
In the SWOP Job board application, tests are offered to the User candidate. These are the “Company Culture Test (What do I want)” and the “Personality Test (Who Am I)”. One test examines what the User-candidate finds important in the workplace, while the other test tries to find out who the User-candidate is as a person.
Access to these tests can help the User-employer in the search for the appropriate User candidate.
The User-candidate is free to fill in these tests or not in the SWOP Job board application. Only if the User-candidate has completed the tests, the User-employer can take note of the “Who AM I” test free of charge and can only take note of the “What do I Want” test against payment. These tests are only made available to the User-employer in this way if the User-candidate has applied for a Vacancy of the User-employer.
Article 10 – CV Builder.
In the SWOP Job board application, a tool is offered that compiles a Curriculum Vitae of the User candidate on the basis of the information that the User candidate provides to the application.
The User candidate is free to choose this tool. Only if the User-candidate has used the tool, the CV can be consulted by the User-employer if the User-candidate has applied for a Vacancy of User-employer.
Article 11 – Pre-screening.
User-employer can instruct HOI to carry out an initial screening of potential candidates for a Vacancy against payment based on certain parameters. User-employer can also instruct HOI to carry out a similar screening against payment on the User candidates who have already applied for a Vacancy of User-employer.
As stated in the these General Terms and Conditions, the Website was developed and is further supported and maintained by HOI. HOI, a company belonging to the House of HR group, is the owner of SWOP RECRUITER. ACCENT, also a company belonging to the House of HR group, uses this Website by offering its vacancies on it.
The processing of personal data takes place under the responsibility of ACCENT (see contact information in Article 12.1 b).
ACCENT strives to comply with the Law of July 30, 2018 on the protection of natural persons with regard to the processing of personal data, transposing, supplementing and implementing the European Regulation 2016/679 of April 27, 2016 on the protection of personal data, as well as the anti-spam provisions from Book XII of the Economic Law Code regarding the ‘law of the electronic economy’ (where applicable).
Processing is carried out under the responsibility of:
12.2 Personal data that is communicated
When registering on the Website as a User-employer, the following personal data is requested:
o Name, first name, email address, phone number, password, job title;
If User-employer wishes to create user accounts, the following personal data is requested for each user:
12.3 Duration of the processing
The personal data are stored and processed by ACCENT for a period that is necessary in function of the objectives of the processing such as and in function of the contractual relationship between ACCENT and User-employer, in particular for the duration of the requested provision of services and in accordance with the applicable law.
12.4 Objective of the processing
ACCENT will only use this personal data to provide the requested information and/or services and to improve the service, with as legal basis the execution of the agreement that was requested by you, in particular the use of SWOP RECRUITER on the Website.
ACCENT will never pass on your personal data to third parties, with the exception of:
o one of its candidates who applied for a Vacancy of User-Employer;
o companies affiliated with ACCENT as stipulated in article 1:20 of the Belgian Companies Code, including HOI who manages the Website;
o technical service providers who provide technical and operational support insofar as this is necessary for the technical and operational services;
o service providers who provide professional support insofar as this is necessary and contributes to the corporate governance structure (GERMP);
ACCENT will make reasonable efforts to inform User-employer in advance of the fact that ACCENT discloses the data to a named third party, but User-employer acknowledges that this is not technically or commercially feasible under all circumstances.
ACCENT will not sell, rent, distribute or otherwise make the personal data of User-Employer commercially available to third parties, except as described above or with your prior consent.
In rare cases, ACCENT may have to disclose the personal data of User-employer pursuant to a court order or to comply with other mandatory laws or regulations. ACCENT will make reasonable efforts to inform User-employer in this regard in advance, unless this is subject to legal restrictions.
The User-employer has certain rights that he can exercise with regard to his personal data. Some of those rights have specific scope, specific conditions or exceptions. These rights are all further explained in articles 36 to 49 of the Law of July 30, 2018 on the protection of natural persons with regard to the processing of personal data, in order to transpose, supplement and implement European Regulation 2016/679 of April 27, 2016 on the protection of personal data.
You can exercise your rights by contacting the DPO of Accent, Mrs Charlotte Devloo, on 051 460 562 or by e-mail to email@example.com.
User-Employer has the right to file a complaint with a supervisory authority. For Belgium, this is the Data Protection Authority, Drukpersstraat 35, 1000 Brussels, Tel +32 (0) 22 744 800 or Fax +32 (0) 22 744 835, firstname.lastname@example.org, https://www.gegevensbeschermingautoriteit.be/contact. This is without prejudice to a provision before a civil court. If User-employer would suffer damage as a result of the processing of your personal data, User-employer can file a claim for compensation.
12.6 Security and confidentiality
ACCENT have developed security measures adapted on a technical and organisational level to avoid the destruction, loss, falsification, alteration, unauthorised access or notification by mistake to third parties of personal data collected, as well as any other unauthorised processing of this data.
Under no circumstances can ACCENT be held liable for any direct or indirect damage resulting from incorrect or unlawful use by a third party of the personal data. ACCENT has ensured that when they rely on third parties for the processing of personal data, these third parties will be bound by the same rules.
User-employer must at all times comply with the security regulations, including by preventing any unauthorised access to your login and code. User-employer is therefore solely responsible for the use made from the Website of the computer, IP address and your identification data of User-Employer, as well as for its confidentiality.
12.7 Access by third parties
12.8 Applicable law and competent court.
This is included in Article 13.
Article 13 – Applicable law and competent court.
Article 14 – Miscellaneous.
The Dutch version of the General Terms and Conditions shall prevail.
If a provision of the General Terms and Conditions is invalid or unenforceable, this will not affect the enforceability of the other provisions. The invalid or unenforceable provision is deemed to have been replaced by an alternative valid and enforceable provision that most closely matches the original intention of the parties, as permitted by applicable law.