USER TERMS AND CONDITIONS FOR HHR SYSTEM - on the www.hhr.is webpage.
These terms and conditions for HHR (hereinafter the “Terms”) form an integral part of the Agreement between the User and HHR ehf., a company incorporated under the laws of Iceland with its registered seat at Dalsel 25, IS-109, Iceland, Reg. No. 5302201760 (hereinafter “HHR”).
By using any services provided by HHR ehf, the Company declares that it has read, understood and agreed to the Terms in their entirety. No one can use HHR without agreeing to the Terms.
1.1. Unless otherwise provided in these Terms, the meaning of capitalized words is as follows:
2.1. Use of HHR for the User consists of viewing Companies’ job advertisements, monitoring jobs according to the User’s definition of job category, type (such as full-time or part-time work) and location of job, maintaining the User’s own information about career, qualifications and other skill definitions in his/her Profile, applying for jobs, communication with Companies, or any other interaction with HHR.
2.2. All use of HHR by the User is limited to common and lawful activities and only for the User’s personal use. The User is only permitted to access use information pertaining to himself/herself and jobs advertised by Companies. The User is prohibited to attempt accessing and to use information directed towards other parties.
3.1. There are three types of access for the User:
3.1.1. Log-in through the Social Media Account
The User’s log-in with the Social Media Account is used. By logging in the User accepts the Terms and thereby agrees to grant HHR and HHR access to the following information which he/she may have provided on the Social Media Account: name, picture, email address, telephone number, gender, date of birth, “about” text, qualifications, and work experience.?The information is only accessed when the User logs in for the first time to expedite registration of necessary information about the User in his/her Profile. If the User updates his/her information on the Social Media Account, the information will not be automatically updated in HHR. If the aforesaid information is not to be found on the User’s Social Media Account, the User will be asked for additional information when applying for a job.
3.1.2. Log-in using a telephone number
The User’s telephone number and the SMS confirmation code are used when the User creates his/her Profile. By logging in the User accepts the Terms. The User must himself/herself register personal information in the Profile and will be asked for additional information when applying for a job.
3.1.3. Log-in by email
The User will use his/her email to log in, user gets a confirmation by email and must confirm the usage. By logging in the User accepts the Terms. The User must himself/herself register personal information in the Profile and will be asked for additional information when applying for a job.
4.1. If the User is interested in applying for a job, he/she can send an application to a Company with the information that can be found on the User’s Profile along with such additional information that has been requested by the Company and which the User wishes to provide. The Company can contact the Applicant through HHR, among other things to request further information during the Company’s job applications processing or to invite the Applicant to an interview.
4.2. The Applicant can withdraw his/her application at any time by selecting the appropriate option in the application part of HHR.
4.3. Applications are accessible in HHR to Companies who receive them for 1 year after the Applicant has sent them the application unless the Applicant closes his/her Profile prior to that or withdraws his/her application from the specific Company.
4.4. The Company and the Applicant can communicate with each other in the application processing system of HHR. There, it is possible to send messages and the Company can offer the Applicant an interview and/or reject his/her applications. The Company and the Applicant are responsible for all communications that may take place between them regardless of the used method of communication and whether they communicate through HHR or not.
5.1. The User’s log-in information is either his/her own Social Media Account credentials or his/her telephone number along with an SMS confirmation code which is sent to the User from HHR at the first log-in. Log-in information is not stored in HHR; however, the telephone number might be stored.
5.2. The User him/herself is responsible for storing his/her log-in information and keeping it confidential. If the User becomes aware of inappropriate use or that an unauthorized person has knowledge of his/her log-in information, it is the User’s responsibility to take appropriate action, such as immediately closing his/her Profile and blocking his/her access to HHR or by contacting HHR via the contact section on HHR website.
5.3. All information about the User is stored electronically in the Database and obtained from information registered by the User on the Social Media Account (if the User has logged in with the Social Media Account) or registered by the User directly in HHR.
5.5. If the User decides to apply for a job with a Company, that Company becomes an independent data controller of the Applicant’s personal data contained within the application and the Applicant’s Profile. HHR is not responsible for how the Company will process the Applicant’s personal data.
5.6. Companies are prohibited to copy information about Applicants from HHR into other systems and to use it for any other purposes than as part of the application process of the job for which the Applicant applied. The Company shall treat information about the Applicant with the utmost security and confidentiality and comply with Act no. 101/2000 Coll., on the Protection of Personal Data, as amended, and the Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
6.1. HHR is the maker of the Database and shall preserve all rights of the maker of the database in accordance with section 89 et seq. of the Copyright Act.
6.2. The User is obliged to provide HHR only with true, correct, and complete information and personal data and register under his/her own name.
6.3. The User undertakes to communicate with Companies and HHR and overall use HHR in a decent manner and in accordance with good morals. It is prohibited to spread hate speech, illegal or inappropriate content through HHR. In case of doubt, HHR at its sole discretion can decide whether any content is hateful, illegal, or inappropriate and take appropriate action.
6.4. The User is not allowed to:
6.5. The User is required to notify HHR of any safety deficiencies in HHR that he/she has learned during the use of HHR.
6.6. The User, in order to prevent any breach into his/her Profile in HHR, is also required to:
6.7. In the event of a defect of HHR, the User can contact HHR via the contact section on HHR’ website. HHR or its authorized worker decides on the complaint without undue delay. The User has been acknowledged and agrees that HHR might take reasonable time depending on the type of service required to expertly assess the defect.
6.8. The User hereby requests and authorizes HHR to seek, extract and re-utilize all information related to job offers which might be interesting to the User in other databases, including any on-line databases, and place it into HHR.
7.1. HHR is not responsible for the application process or the results achieved from using HHR, as the application process is entirely at the responsibility of the Company and all inquiries regarding the process shall be directed towards the respective Company. HHR is not responsible for out-of-pocket expenses or any other loss which the User may suffer if a Company decides to terminate employment, cancel an interview or withdraw a job offer.
7.2. HHR is not responsible for infringement of rights of makers of other databases for using other databases in accordance with the User’s instruction under Clause 6.8.
7.3. HHR is not responsible for ensuring that announcements from HHR are without faults, that they are given in a timely fashion or that the User receives them at all, however, HHR will endeavour to achieve successful delivery of all announcements within the time required.
7.4. HHR is not responsible for the content of job advertisements from Companies and for their lawfulness. HHR is not responsible for errors, wrong dates and/or other definitions registered by a Company upon the creation of an advertisement.
7.5. HHR is not responsible for the content of employment contracts or for ensuring that the hiring of an employee takes place in a lawful manner, e.g. in accordance with labour laws, laws on equality or the provisions of laws regarding employment of children and juveniles.
7.6. HHR is not responsible for any inconvenience or damage that may occur due to malfunctions or flaws in HHR, such as mechanical failure, technical failures, failures in software, system upgrades, flaws in operating systems, networks or telecommunications systems or due to HHR being interrupted because of electrical power failures or interruptions or interference with telecommunications services.
7.7. The User provides information to HHR and Companies and applies for jobs at his/her own responsibility. HHR is not responsible for damage that may occur due to a third-party acquiring information about the User in HHR by unlawful access, especially by means of hacking. Furthermore, HHR is not responsible for the way in which a Company treats applications and information provided by an Applicant in the application process.
7.8. HHR is not responsible for force majeure events that may result in HHR services being unavailable, for instance due to government decisions, natural disasters, strikes (including planned strikes) or lock-outs, revolts, riots, sabotage, terrorism or wars or any other similar events that cannot be prevented or controlled through normal actions on the part of HHR.
7.9. At the time of failure or downtime of HHR, it might be temporarily unavailable to the User without right to any compensation.
7.10. The User is aware of and accepts the limitations to liability as specified in this Article.
7.11. SHALL IN ANY CASE HHR BE LIABLE FOR ANY DAMAGE TO THE USER, THE PARTIES HAVE AGREED, AND THE USER EXPLICITLY ACCEPTS THAT HHR SHALL ONLY PAY TOTAL DAMAGES UP TO EUR 5. THIS LIMITATION DOES NOT APPLY TO DEATH, BODILY HARM OR DAMAGES CAUSED INTENTIONALLY.
8.1. All content of the HHR and HHR’ website, such as design, texts, graphics, visual images, photographs, information, the HHR’ trademarks (especially “HHR” and “HHR”), icons, computer programs, source codes, Databases and other intellectual property belongs exclusively to HHR and/or its partners and subsidiaries and is protected by copyright and intellectual property protection laws. Unauthorized use, including copying, reproduction and/or distribution of this content, whether in part or in whole, may be against the law and prohibited without the permission of HHR. By accepting these Terms and using HHR, HHR does not provide any license to the User or the Company to use the intellectual property in any way, except in the minimum scope necessary in order to apply for jobs or offer jobs through HHR and manage the User’s or Company’s own job applications.
9.1. If the User is found to be in material breach of the Terms and/or misuses HHR in any way, HHR reserves the right to immediately block the relevant User’s access to HHR without notice and put a ban on the User’s Profile temporarily or indefinitely and/or delete the User’s Profile. The same applies if the User behaves in an unlawful or improper manner.
9.2. A material breach of the Terms is in particular if the User:
9.3. HHR has the right to remove without warning all hate speech, illegal and inappropriate content from HHR.
9.4. Should a suspicion arise that the User is acting in an unlawful manner, HHR reserves the right to inform the relevant authorities.
10.1. HHR is entitled to make changes to the Terms, especially with regard to changes of legislation in the area of personal data protection or labor law, technological advance, scope of HHR services or changes in the prices of its suppliers, amongst others in the scope of required Profile data, pricing and payment conditions for the services provided hereunder, licensing and/or intellectual property rights, job application process or the scope of provided services hereunder. HHR will announce a change of the Terms to the User via his/her e-mail address, by a notification in the HHR or by a notification sent to the telephone number of the User and by making the new Terms available on the HHR’ website. Shall the User not reject the change of Terms within 15 days following receiving the announcement by e-mail, through HHR or telephone, whichever reaches the User first, the User accepts the changed Terms. Shall the User reject the changed Terms within the foregoing period, the rejection constitutes a termination of the HHR services with a 15 days termination period, during which the latest mutually agreed Terms shall apply.
11.1. The User has a right to terminate the provision of the HHR services if he/she no longer wishes to use HHR. In such case, the User shall inform HHR by closing the User’s Profile in the settings. A notification from the User that he/she no longer wishes to use HHR will result in that User’s job applications through HHR being immediately retracted, as the information about the User disappears from HHR.
11.2. HHR has a right to terminate the provision of the HHR services for convenience with a 15 calendar days’ notice period commencing from the date when the User received the notice of termination.
11.4. Clauses intended to be in effect even after termination of the HHR services and this agreement survive the termination of the HHR services and this agreement. Especially Clauses 1, 4.4, 5, 6.1., 6.3., 6.4., 7, 11.4., 13, 14, 15 and 16 survive the termination of the HHR services and this agreement.
12.1. HHR may transfer ownership of the HHR in part or as a whole to a third party, along with the information which HHR contains, without the agreement of the User. The same applies to any form of legal transfer of ownership of HHR. Transfer of ownership or any other legal transfer regarding HHR, in part or as a whole, has no effect on the Terms or the agreement with the User with regard to its validity and effectiveness. If the legal transfer of ownership of HHR occurs, any reference to HHR in the Terms shall be regarded as a reference to the new owner of HHR.
13.1. In the event that a consumer dispute arises between HHR and the User from a contract of sale or from a service contract that cannot be settled by mutual agreement, the User may submit a proposal for an out-of-court settlement of such a dispute to a designated extrajudicial dispute resolution body, or solve the dispute online through the dedicated ODR platform.
13.2. In the event that the User is domiciled in some other country than Iceland, the authorized extrajudicial dispute resolution body according to Clause 13.1. is the Users domiciled country Trade Inspection.
14.1. All rights and obligations arising out of the use or in connection with HHR or the Terms are governed by Icelandic Law.
14.2. All disputes resulting out of or in connection with the Terms and/or use of HHR shall be finally decided by the courts of the Icelandic Republic at the general court determined by the registered seat of HHR.
15.1. The Terms have only been drawn up in English. All obligations of HHR towards the User related to the Terms shall be fulfilled in the Spanish, English or Danish language, at HHR’ sole discretion. In case of discrepancy between the language versions, the English version shall prevail.
16.1. All communication between the parties shall be made in Spanish, English or Danish, in particular electronically, via the HHR, e-mail or contacts available at the HHR’ website contact section.
16.2. Shall any provision hereunder or any provision of law require an action to have written form, such form is withheld if the action is made by HHR to the User’s e-mail address or telephone with a simple electronic signature or through the HHR.
17.1. The Terms are issued by HHR and will remain effective from 1. 10. 2020.