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APPLICANT TERMS OF SERVICE FOR HRSCANNER
These Terms of Service (hereinafter – the Terms) set forth the legal terms and conditions on the use of the Internet site at https://www.hrscanner.ru (hereinafter – the Website) between SIA «Langes Pils», legal address Dzirnavu iela 31-1, Rīga, LV-1010, company number 40003327264 , hereinafter referred to as the «Provider» and the individual using the Platform for interaction with Employers in the process of interactive and automated passing of Testing and/or recording a Video Interview, hereinafter referred to as the «Applicant».
When You open an invite from the Employer to pass Testing and/or record a Video Interview, being on the Platform and going through the procedure for entering Personal Data, You agree to these Terms and assume the rights and obligations specified herein and putting in the field «I have read and accept the Applicant Terms of service». Subsequent pressing of the «Start» button is an unconditional acceptance of these Terms.
1. TERMS AND DEFINITIONS
1.1. Platform - an Internet service owned by IP Torbosov Oleg Nikolaevich (PSRNIE: 317745600003360 TIN: 742201522728), that is a set of software and hardware for Testing and/or recording Video Interviews under the name "Hrscanner", located on the Internet at: https://www.hrscanner.ru/.
1.2. Website - entire website at: https://www.hrscanner.ru/.
1.3. Applicant - an applicant for a job at the Employer’s enterprise or current employee which is given the opportunity to undergo Testing and/or recording a Video Interview using the Platform.
1.4. Employer - an individual or legal entity that sent the Applicant a link to the Platform to pass the Test an/or record a Video Interview.
1.5. Testing - a process which enables the Applicant, being on the Platform, to answer the questions posed in the Test and/or record a Video Interview, which results are displayed in the personal account of the Employer.
1.6. Video Interview - a video file created by the Applicant through the Platform, includes a recording of the image and performance of the Applicant, which is a self-presentation of the Applicant and (or) its answers to the questions of the Employer.
1.7. Test - a formalized task, which is carried out in an automated interactive form within the Platform, based on it is possible to determine the level of development of certain qualities of the Applicant, as well as his knowledge, skills and abilities upon entry into employment and/or being in employment.
2. SUBJECT OF THE TERMS
2.1. The Provider undertakes to provide the Applicant with the opportunity to use the Platform by ensuring, after clicking on the link provided by the Employer and entering the Personal Data in the form, the access to pass Testing and/or record a Video Interview.
2.2. Providing the Applicants with the possibility to use the Platform, specified herein is made free of charge. It is aimed to fulfill our contractual obligations with Employers to assist the Employers in the preliminary selection of the Applicants for vacancies and in the formation of a personnel reserve.
2.3. Neither Tests, nor the answers or the Video Interview of the Applicant can be understood as the only criterion for employment.
2.4. The Applicant's answers to questions from a potential or current Employer via Testing and/or recording a Video Interview are confidential. After passing the Test and/or Video the Provider generates a report available for viewing only to this potential Employer in his personal account on the Platform. In such case, the content of such report is not available to the Applicant.
2.5. After the recording of the Video Interview is completed, it is stored in the personal account of the respective Employer, who provided the link to the Applicant.
2.6. The Applicant has the right to refuse to pass Testing and/or record a Video Interview after clicking on the link provided by Employer.
2.8. Nothing in these Terms may be understood as the establishment between Provider and Applicant of agency relations, partnership relations, joint activity relations, personal employment relations, or any other relations not expressly provided for in these Terms.
3. RIGHTS AND OBLIGATIONS OF THE PROVIDER
3.1. The provider undertakes:
- To provide the Applicant with the opportunity to respond to the links (invitations) sent by Employer to pass Testing and/or record a Video Interview using the Platform;
- To take all necessary measures so that the Applicant has the opportunity to use Platform on the terms specified herein, including ensuring the uninterrupted operation of the Platform and Website, except for cases of scheduled/preventive maintenance of hardware or software parts of the Platform/or Website;
- To take necessary organizational and technical measures to protect information and data stored on the Platfoem and/or Website from unauthorized and unlawful or accidental access, destruction, alteration, blocking, copying, and distribution.
3.2. Provider has the right:
- To change the requirements for the content and terms of passing Testing and/or recording a Video Interview;
- To moderate (edit) the recorded Video Interviews in order to give them qualities that are convenient for Employers to perceive;
- Not to enter into correspondence with Applicants on Testing issues;
- To change the interface of the Platform and/or Website at its discretion.
4. RIGHTS AND OBLIGATIONS OF THE APPLICANT
4.1. The applicant undertakes:
- To read and understand these Terms;
Not to post, distribute, save, destroy, upload in any way, through the Platform, including the process of passing Testing and/or recording a Video Interview, information/materials/video in violation of the law of the Republic of Latvia, including, but not limited to:
- Information that offends morality, honor and dignity, rights and legally protected interests of third parties, violates copyright and related rights, promotes hatred and/or discrimination of people on racial, ethnic, gender or social grounds, contributing to incitement to religious, racial or ethnic hatred, containing scenes of violence or animal cruelty, etc.;
- Information containing computer codes intended for violating, destroying or restricting the functionality of any computer or telecommunication equipment or programs, for unauthorized access, as well as serial numbers for commercial software products, logins, passwords and other means for unauthorized access to paid resources on the Internet;
- Information containing a promotion of narcotic drugs, psychotropic substances, alcohol;
- Information that can be harmful, contain threats, rude and abusive language and statements that are contrary to generally accepted standards of morality, unlawfully used personal information of third parties (including, but not limited to, the mention of any addresses and phone numbers or any other personal contact information without the consent of the owner (Personal Data));
- Information of a pornographic or erotic nature.
- Not to post and/or transmit through the Platform the information in the form of a text, image, sound, video or program code, which may be unlawful, advertising, threatening, insulting, libelous, knowingly false, rude, obscene, harm other users of the Website and/or Platform, violate their rights and legitimate interests;
- Not to post and/or transmit materials using the Platform, in case the Applicant does not have the appropriate rights to do so. This applies to materials protected by copyright, trademarks, patents, as well as nondisclosure agreements, confidential agreements and related agreements;
- Not to violate the information security of the Website and Platform;
- Not to fill forms using someone else’s Personal Data, which can not be used by Applicant;
- The Applicant is solely responsible to third parties for his/her actions in connection to the use of the Platform, including if such actions lead to a violation of the rights and legitimate interests of third parties, as well as for compliance with the law when using the Platform.
4.2. The applicant has the right:
- To get the opportunity to use the Platform to pass Testing and/or record a Video Interview;
- To request a deletion of all Personal Data about himself/herself, provided when filling the forms, passing Testing and/or recording a Video Interview.
5. INFORMATION SECURITY OF THE WEBSITE AND/OR THE PLATFORM
5.1. Using the Platform and/or the Website, the Applicant undertakes not to violate or try to violate the information security of the Platform and/or the Website, which includes:
- Access to data not intended for this Applicant;
- Attempts to check the vulnerability of the security system of the Platform and/or Website, violation of the procedure for gaining access to pass Testing and/or record a Video Interview;
- Attempts to interfere with the use of the Platform to other users, which includes the spread of computer viruses, data corruption, constant newsletter of repeated information, sending an email through the Platform and/or Website server, simultaneous sending of a large number of emails and/or requests to the Platform and/or Website in order to intentional bring the server of the Website out, and similar actions that go beyond the normal intended use of the Platform and/or Website, and which may deliberately or inadvertently cause malfunctions in its operation.
5.2. The Applicant’s violation of the system’s security or computer network or attempts to violate leads to a civil and criminal liability. The Provider will investigate all cases of a possible security violation or attempts to violate it by all Applicants, in cooperation with law enforcement agencies in order to prevent such malicious activity.
6. INFORMATION ON APPLICANT
6.1. The Provider makes all possible efforts to avoid unauthorized use of the Applicant's Personal Data.
6.2. The Provider shall not be liable for any possible misuse of the Applicants' Personal Data caused due to:
- Technical malfunctions in software, servers or computer networks that are beyond the control of the Provider;
- Interruptions in the operation of the Platform and/or Website, related to the intentional or unintentional use of the Platform and/or Website by third parties for other purposes than intended, described in the «Information Security of the Website and/or the Platform» section;
- Violation of the information security of the Platform and/or Website.
7. USE OF PLATFORM AND WEBSITE MATERIALS
7.1. The results of intellectual activity (including, but not limited to: databases, Tests, any other text materials, articles, patent solutions, commercial designations, trademarks, other materials) placed on the Platform and/or Website, together and separately, constitute the content of the Platform and/or Website.
7.2. IP Torbosov Oleg Nikolaevich is the copyright owner of the Website content (unless otherwise stated on the relevant content page or the copyright owner of any content posted on the Website and the Platform). The Provider is acting on the basis of the distribution contract № HR-3/2019 dated 02.07.2019 year.
7.3. IP Torbosov Oleg Nikolaevich owns intellectual rights to the Platform and Website, logo and name of the Website and Platform, as well as elements of the design and stylistic design of the Website and Platform.
7.4. Except as expressly provided by these Terms and applicable law of the Pepublic of Latvia, the content may not be partially or fully used without a prior consent of the copyright owner.
7.5. Reprinting and other use of the materials of the Platform and Website is possible with a obligatory reference to the Platform and Website.
7.6. For any use (full or partial) of the text materials of the Platform and Website, including Tests, on other websites on the Internet or other forms of electronic use, it is binding to obtain prior consent from IP Torbosov Oleg Nikolaevich and indicate in the material as a source of «hrscanner.ru» in the form of active hyperlink indexed by search engines to the relevant page for place of a text material put on the Website.
7.7. The reference to the source «hrscanner.ru» in the form of a hyperlink shall be located at the beginning of the reproduced text material. The font size of the source link shall not be less than the font size of the text, where the text materials are used.
7.8. When using text materials of the Website and/or Platform, the processing of their original text is prohibited. Material reduction is possible only if it does not lead to a distortion of its meaning.
7.9. Nothing in these Terms shall be considered as a transfer of exclusive rights to the content of the Website and Platform.
7.10. Each Applicant is responsible for the information he/she placed on the Platform when passing Testing and/or recording a Video Interview and for the consequences of this action.
7.11. The Website is only a means for transmitting the information and in no case is responsible for its accuracy and relevance.
7.12. In case the Employer saves all Testing results and/or Video Interviews of the Applicant in its own database outside the Platform, then the respective or current Employer is responsible for this as the Personal Data processor.
7.13. It is prohibited to use software tools (scripts, robots) to read or collect information (data) from the Palform and/or Website.
7.14. By using the information from the Platform and Website, the Applicant is understands and accepts the risks associated with the possible inaccuracy of the information posted on the Website, as well as the fact that some information may seem threatening, insulting, libelous, knowingly false, rude, and obscene. In this case, the Applicant shall immediately stop using the Website and/or Platform and inform the Provider that such information is available.
7.15. The Provider does not guarantee that the software, servers and computer networks used by the Platform and Website are free from errors and computer viruses. If the use of the Website caused the loss of data or damage to equipment, the Provider shall not be liable for this.
7.16. Under no circumstances shall the Provider be liable for damage, loss, or expense arrising in connection with the use of the Platform and Website or the inability to use it.
8. APPLICABLE LAW
8.1. These Terms, as well as relations between the Applicant and Provider, including those not regulated by these Terms, shall be governed in accordance with applicable law of the Republic of Latvia.
8.2. All disputes of the parties under these Terms shall be resolved through negotiations using the mandatory pre-trial claim procedure for the settlement of disputes. The period for responding to a claim is 30 days from the date of receipt of the claim by the party. In the event of non-compliance by the party submitting the claim within the specified period of time, the party who submitted the claim shall have the right to appeal to the court. All claims against the Provider should be sent by email to firstname.lastname@example.org. All claims against the Applicant shall be sent to the email address provided by Applicant when filling the form.
8.3. In case it is impossible to resolve disputes through negotiations or in a claim procedure, they should be resolved in court at the place of registration of the Provider in the manner established by applicable procedural legislation of the Republic of Latvia.
9. VALIDITY OF THESE TERMS, AMENDMENT
9.1. These Terms shall be effective from the moment of its acceptance by the Applicant.
9.2. The Applicant, by entering into these Terms, declares and warrants that he or she has reached the age when it is permissible for the Applicant to enter into these Terms by applicable law of the Republic of Latvia, and the Applicant has the necessary legal capacity to conclude these Terms.
9.3. The Provider has the right at any time at its sole discretion and without prior agreement with the Applicant to amend these Terms. In this case, the amendments and additions come into force from the moment of their publication on the Platform and Website.
9.4. By using the Platform and/or Website by the Applicant (as well as the Applicant’s exercise of the rights and obligations set forth in these Terms) after any amendments to these Terms means the consent of the Applicant to such amendments and/or additions.
9.5. In case the Applicant does not agree to use the Platform and/or Website after making any changes to these Terms by Provider and/or respectively to comply with these Terms after amendments made, the Applicant shall terminate the use of the the Platform and/or Website and shall be entitled to terminate these Terms by sending notice to the Provider.
9.6. The Provider may terminate these Terms unilaterally at any time, including in the event that the Applicant violates these Terms, without any prior notice to the Applicant and any compensation therefor to the Applicant. In the event of termination of these Terms, the Provider shall delete the Applicant's Personal Data, and other materials and information related to the Applicant.