Company Terms and Conditions for Alfred System

1.1. Unless otherwise provided in these Terms, the meaning of capitalized words is as follows:

• 1.1.1. “Alfred” is a system that offers Users a simple and modern solution to view and monitor job advertisements, manage their own curriculum vitae and apply for available jobs that are advertised on the Alfred app and/or on the website www.alfred.com.mt and offers Companies a solution whereby they can advertise jobs, receive applications from Users, process applications and communicate with Applicants;
• 1.1.2. “Database” is a collection of any and all content arranged in a systematic or methodical way and individually accessible by electronic or other means, irrespective of the form of its expression, created by Alfred Jobs, in the meaning of Chapter 415., the Copyright Act, as amended (the “Copyright Actn”), especially the Database of job offers and Profiles on Alfred;
• 1.1.3. “Profile” is a User’s profile in Alfred or a Company’s information page in Alfred, which include all information about the User or the Company based on information provided by the User or the Company on the Social Media Account or registered by the User or the Company;
• 1.1.4. “Company” is a corporate body or individual employer who advertises jobs on Alfred and receives applications from Applicants. The concept of a Company in the Terms also includes brands according to Article 4 hereof, unless explicitly stated otherwise, brands in this context mean persons who are conducting business enterprise, irrespective whether such persons operate under their own identification number or if they are a business entity with a corporate body;
• 1.1.5. “Applicant” is a User who has applied for a job through Alfred;
• 1.1.6. “User” is any individual who uses Alfred, irrespective of whether he/she has registered personal information or not; and
• 1.1.7. “Social Media Account” means any social media account of the User or the Company which the User or the Company used to provide data to their Profile (such as Facebook, Google or other).

2.1. Use of Alfred for the Company consists of creating job advertisements, maintaining information about the Company, managing a job advertisement access system and a job application and processing system, and communicating with the Applicant, or any other interaction with Alfred.

2.2. All use of Alfred by the Company is limited to common and lawful activities and only for the Company’s recruitment needs. The Company is only permitted to access and use information pertaining to it or applications directed towards the Company. The Company is prohibited to attempt accessing and to use information directed towards other parties.

2.3. The Company is responsible for the lawfulness and correctness of all content added by the Company to Alfred. The Company is responsible for all errors, wrong dates and/or other definitions provided by the Company upon the creation of an advertisement.

3.1. There are two types of access for the Company:

3.1.1. An administrator

who has access to all the Company service options offered through Alfred. They are as follows:

• creation and management of advertisements;
• access to the processing system for applications;
• the communication part with regard to the Applicant;
• creation and management of brands according to Article 4 hereof;
• creation and management of the Company’s Profile;
• other settings.

3.1.2. General user

has access to the following options:

• creation and management of advertisements;
• access to the processing system for applications;
• the communication part with regard to the Applicant;
• creation and management of brands according to Article 4 hereof

4.1. The Company is allowed to create an unlimited number of brands in the sense of this Article. Brands are persons conducting business that work in conjunction with the Company as a “mother company”, such as subsidiaries, affiliated companies or business entities within the Company. For each brand, various information must be provided such as a name, address, postcode and town/city, phone number, website etc. An image of each brand’s trade mark must be uploaded with good resolution. The Company that registers the brands is responsible for the lawfulness of use and the validity of the information provided regarding the relevant parties and regarding the brand’s trade mark.

5.1. When a User applies for a job offered by the Company with his/her Profile, the Company can receive various information regarding the Applicant such as his/her name, profile picture, email address, telephone number, date of birth, gender, “about” text, qualifications, work experience, links, language competency, attached documents and other skills specified by the Applicant along with documents which he/she has attached to his/her Profile. The Company can also request further information in the application process.

5.2. Applications are accessible in Alfred to Companies who receive them for 1 year after the Applicant has sent them the application unless the Applicant closes his/her Alfred Profile prior to that or withdraws his/her application from the specific Company. If the Applicant closes his/her Profile, it is equivalent to withdrawing the application and the information about the Applicant is removed from Alfred.

5.3. The Company and the Applicant can communicate with each other in the application processing system of Alfred. There, it is possible to send messages and the Company can offer the Applicant an interview and/or reject his/her applications. The Company is responsible for all communications that may take place between the Company and the Applicant, regardless of the used method of communication and whether they communicate through Alfred or not.

5.4. Solely the Company is responsible for the content of its employment contracts and for ensuring that the hiring of an employee takes place in compliance with all legal regulations, especially in compliance with applicable labor laws, laws on equality or laws regarding employment of children and juveniles.

6.1. The Company shall pay Alfred Jobs for the services provided by Alfred Jobs a price in the amount specified in the price list.

6.2. All prices indicated in any Alfred Jobs’ offer or price list are always without value added tax (VAT), unless it is explicitly stated otherwise next to a specific price.

6.3. Alfred Jobs may change the price at any time for convenience, subject to notifying the Company in advance. The change to the price shall be notified in a manner and term similarly to the change of the Terms.

6.4. Upon the deadline for each advertisement where the allotted time period has expired, Alfred Jobs will charge the Company with the price for the services the Alfred Jobs has provided to the Company according to the price list and VAT in accordance with applicable legal regulations. Alfred Jobs will charge the Company in the manner which the Company chosen in its Profile.

7.1. Alfred Jobs is the Company’s data processor in relation only to the information provided in the Company’s Profile about its employee whose personal information has been added to Alfred.

7.2. If the User decides to apply for a job with the Company, the Company becomes an independent data controller of the User’s personal data contained within the application and Profile. Alfred Jobs is not responsible for how the Company will process the Applicant’s personal data nor for fulfilling any data controller obligations of the Company toward the Applicant.

7.3. The rights and obligations of Alfred Jobs and the Company in relation to the processing of personal data are governed by the Privacy Policy and Data Processing Terms.

7.4. The Company is prohibited to copy information about Applicants from Alfred 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 Subsidiary Legislation 586.08., 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.

8.1. Alfred Jobs is the maker of the Database and shall preserve all rights of the maker of the database in accordance with the Copyright Act.

8.2. The Company is obliged to provide Alfred Jobs only with true, correct and complete information and register exclusively under its own business name, subject to Article 4 hereof.

8.3. The Company undertakes to communicate with Users and Alfred Jobs and overall use Alfred in a decent manner and in accordance with good morals. It is prohibited to spread hate speech, illegal or inappropriate content through Alfred. In case of doubt, Alfred Jobs at its sole discretion can decide whether any content is hateful, illegal or inappropriate and take appropriate action.

8.4. The Company is not allowed to:

• 8.4.1. extract or re-utilize any segments or information gathered from the Database for the purpose of including such data into any other database (so-called “Screen Scraping”);
• 8.4.2. reproduce the software on which Alfred is based in any way, including the production of a backup copy;
• 8.4.3. disseminate the software;
• 8.4.4. display or publish the software;
• 8.4.5. translate, adapt, arrange or otherwise alter the software in any way;
• 8.4.6. perform reverse engineering, de-compile, disassemble or try to gain the software source code in any other way;
• 8.4.7. attempt to break the software security measures or to attack the software in any other way;
• 8.4.8. try to access any part of Alfred to which the Company has no explicit access granted by Alfred Jobs;
• 8.4.9. overburden Alfred by automatic usage;
• 8.4.10. otherwise use Alfred contrary to its purpose or
• 8.4.11. infringe Alfred Jobs’ intellectual property rights per Article 11 hereof.

8.5. The Company is required to notify Alfred Jobs of any safety deficiencies in Alfred that the Company has learned during the use of Alfred.

8.6. The Company, in order to prevent any breach into its Profile in Alfred, is also required to:

• 8.6.1. protect any devices used against misuse;
• 8.6.2. set up secure login credentials;
• 8.6.3. prevent any sharing of credentials with third parties;
• 8.6.4. protect the credentials; and
• 8.6.5. prevent abuse of credentials.

8.7. In the event of a defect of Alfred, the Company can contact Alfred Jobs via the contact section on Alfred Jobs’ website. Alfred Jobs or its authorized worker decides on the complaint without undue delay. The Company has been acknowledged and agrees that Alfred Jobs might take reasonable time depending on the type of service required to expertly assess the defect.

8.8. The Company hereby requests and authorizes Alfred Jobs to seek, extract and re-utilize all information related to the job offers of the Company placed in other databases, including any on-line databases, and place it into Alfred.

9.1. Confidential information of a party is any material, non-public, software or business or manufacturing-related information of that party, that is disclosed or made available to the other party, directly or indirectly, through any means of communication or observation in connection with the services provided hereunder. Confidential information also includes personal data processed hereunder.

9.2. For the purpose of this Article, the party providing its confidential information to the other party is referred to as the “providing party” and the party receiving the providing party’s confidential information is referred to as the “receiving party”.

9.3. The receiving party undertakes to maintain the confidentiality of all confidential information pertaining to the providing party and of security measures whose disclosure to an unauthorized person could endanger the security the confidential information of the providing party. Compliance with the obligation of confidentiality means non-publishing and non-disclosure of the providing party’s confidential information to any third party and using the providing party’s confidential information solely for purposes necessary for the cooperation of the parties concerning services provided hereunder.

9.4. Breach of confidentiality obligation shall not consist of the disclosure or usage of the disclosing party’s confidential information (i) with a prior written consent of the disclosing party; (ii) due to an obligation stipulated by a legal regulation or imposed by a public authority; (iii) if the receiving party had known the confidential information from other sources than from the disclosing party and it has not been acquired by a breach of confidentiality; (iv) to a consultant, auditor, legal representative or another partner of the receiving party provided that this person is bound to maintain contractual or legal confidentiality of the confidential information at least as stringent as stipulated in this Article; or (v) if necessary for the cooperation between the parties.

9.5. Notwithstanding anything in these Terms, the receiving party may disclose or use confidential information of the providing party only within the minimum necessary scope. In the event of exception under point (ii) of Clause 9.4. hereof and subject to Clause 12.4. hereof, the receiving party is also obliged to inform the disclosing party of such disclosure or usage without undue delay, unless in contradiction to the law.

10.1. In Alfred, information about the Applicant come from the Applicant himself/herself and Alfred Jobs is in no way responsible for the validity, completeness or lawfulness of information about the Applicant. Alfred Jobs is also in no way responsible for the lawfulness, completeness or validity of other data that the Company receives from the Applicant or the communications between the Company and the Applicant.

10.2. Alfred Jobs is not responsible for infringement of rights of makers of other databases for using other databases in accordance with the Company’s instruction under Clause 8.8.

10.3. Alfred Jobs is not responsible for the application process or the results that the Company may get from using Alfred. The application process is entirely at the responsibility of the Company and all inquiries regarding the process will be directed to the Company. Alfred Jobs is not responsible for out-of-pocket expenses or any other loss which the Company may suffer if the Applicant decides to walk away from employment, an interview or a job offer.

10.4. Alfred Jobs is not responsible for ensuring that announcements from Alfred are without faults, that they are given in a timely fashion or that the Company receives them at all, however, Alfred Jobs will endeavor to achieve successful delivery of all announcements within the time required.

10.5. Alfred Jobs is not responsible for the content of job advertisements from Companies and for their lawfulness. Alfred Jobs is not responsible for errors, wrong dates and/or other definitions registered by the Company upon the creation of an advertisement.

10.6. Alfred Jobs 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 labor laws, laws on equality or the provisions of laws regarding employment of children and juveniles.

10.7. Alfred Jobs is not responsible for any inconvenience or damage that may occur due to malfunctions or flaws in Alfred, such as mechanical failure, technical failures, failures in software, system upgrades, flaws in operating systems, networks or telecommunications systems or due to Alfred being interrupted because of electrical power failures or interruptions or interference with telecommunications services.

10.8. The Company provides information to Alfred Jobs, e.g. information about the Company itself and about available jobs, at the Company’s own responsibility. Alfred Jobs is not responsible for damage that may occur due to a third-party acquiring information about the Company in Alfred by unlawful access, especially by means of hacking. Furthermore, Alfred Jobs is not responsible for the way in which the Applicant treats information or data that the Company provides to the Applicant during the application process.

10.9. The Company will provide its payment card information to a payment gateway provider in order to pay for the Alfred services and the payment gateway provider will provide Alfred Jobs with a unique identifier of the payment card information (called also “token”). The token can be also obtained from the direct payment provider of the Company based on which Alfred Jobs will charge the Company for using Alfred. Alfred Jobs does not have access to the Company’s payment card information or bank account information and is not responsible for any data breach or leakage of the Company’s payment card or bank account information.

10.10. Alfred Jobs is not responsible for force majeure events that may result in Alfred 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 Alfred Jobs.

10.11. At the time of failure or downtime of Alfred, it might be temporarily unavailable to the Company without right to any compensation.

10.12. The Company is aware of and accepts the limitations of liability as specified in this Article.

10.13. Shall in any case Alfred Jobs be liable for any damage to the Company, the parties have agreed, and the Company explicitly accepts, that Alfred Jobs shall only pay total damages up to EUR 5. This limitation does not apply to death, bodily harm or damages caused intentionally.

11.1. All content of the Alfred and Alfred Jobs’ website, such as design, texts, graphics, visual images, photographs, information, the Alfred Jobs’ trademarks (especially “Alfred Jobs” and “Alfred”), icons, computer programs, source codes, Databases and other intellectual property belongs exclusively to Alfred Jobs 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 Alfred Jobs. By accepting these Terms and using Alfred, Alfred Jobs 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 Alfred and manage the User’s or Company’s own job applications.

12.1. If the Company is found to be in material breach of the Terms and/or misuses Alfred in any way, Alfred Jobs reserves the right to immediately block the Company’s access to Alfred without notice and to put a ban on the Company’s Profile temporarily or indefinitely and/or delete the Company’s Profile. The same applies if the Company behaves in an unlawful or improper manner.

12.2. A material breach of the Terms is in particular if the Company:

• 12.2.1. Is in default with any payment rightfully charged by Alfred Jobs hereunder (especially the tariff) longer than 15 days;
• 12.2.2. Sends or otherwise shares information that violates the laws or the Terms, or could damage the goodwill and reputation of Alfred Jobs;
• 12.2.3. Breaches its obligations specified in Article 7 or 8 hereof;
• 12.2.4. Creates a Profile in Alfred based on unauthorized registration, in particular a non-existing or invented person or registration using information of a third person without this person’s consent or
• 12.2.5. Spreads hateful, illegal or inappropriate content through Alfred.

12.3. Alfred Jobs has the right to remove without warning all hate speech, illegal and inappropriate content from Alfred.

12.4. Should a suspicion arise that the Company is acting in an unlawful manner, Alfred Jobs reserves the right to inform the relevant authorities. This does not constitute a breach of confidentiality under Article 9 hereof and does not require any notification to the Company.

13.1. Alfred Jobs 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 Alfred 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. Alfred Jobs will announce a change of the Terms to the Company via its e-mail address and/or by a notification in the Alfred and by making the new Terms available on the Alfred Jobs’ website. Shall the Company not reject the change of Terms within 15 days following receiving the announcement by e-mail or through Alfred, whichever reaches the Company first, the Company accepts the changed Terms. Shall the Company reject the changed Terms within the foregoing period, the rejection constitutes a termination of the Alfred services with a 15 days termination period, during which the latest mutually agreed Terms shall apply.

14.1. The Company has the right to terminate the provision of the Alfred services by a written notice for convenience with a 15 calendar days’ notice period commencing from the date of delivery of the notice to the Alfred Jobs’ on its address specified in the contact section on Alfred Jobs’ website.

14.2. Alfred Jobs has a right to terminate the provision of the Alfred services for convenience with a 15 calendar days’ notice period commencing from the date when the Company received the notice of termination.

14.3. In the event of termination of the provision of Alfred services, for whatever reason, the Company is obliged to pay Alfred Jobs for all services provided by Alfred Jobs prior to the termination date.

14.4. Upon termination of the Alfred services, the Company’s access to Alfred will be blocked and the Company’s Profile and all its advertisements will stop being visible to Users in Alfred.

14.5. Clauses intended to be in effect even after termination of the Alfred services and this agreement survive the termination of the Alfred services and this agreement. Especially Clauses 1, 2.3., 5.4., 8.1., 8.3., 8.4., 9, 10, 14.5., 16, 17 and 18 survive the termination of the Alfred services and this agreement. The obligation of confidentiality in relation to confidential information provided and received prior to the termination of the Alfred services and this agreement lasts: (i) in case that the confidential information constitutes a trade secret until the confidential information ceases to be a trade secret under applicable legal regulations; (ii) in case of other confidential information for the duration of 3 years following the termination of the Alfred services and the agreement.

15.1. Alfred Jobs may transfer ownership of the Alfred in part or as a whole to a third party, along with the information which Alfred contains, without the agreement of the Company. The same applies to any form of legal transfer of ownership of Alfred Jobs. Transfer of ownership or any other legal transfer with regard to Alfred, in part or as a whole, has no effect on the Terms or the agreement with the Company with regard to its validity and effectiveness. If the legal transfer of ownership of Alfred occurs, any reference to Alfred Jobs in the Terms shall be regarded as a reference to the new owner of Alfred.

16.1. All rights and obligations arising out of the use or in connection with Alfred or the Terms are governed by Maltese Law.

16.2. All disputes resulting out of or in connection with the Terms and/or use of Alfred shall be finally decided by the courts of Malta at the general court determined by the registered seat of Alfred Jobs.

17.1. The Terms have been drawn up in English. All obligations of Alfred Jobs towards the Company related to the Terms and/or usage of Alfred shall be fulfilled in the English language.

18.1. All communication between the parties shall be made in English, in particular electronically, via the Alfred, e-mail or contacts available on the Alfred Jobs’ website contact section or disclosed by the Company on its Profile.

18.2. 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 Alfred Jobs to the Company’s e-mail address with a simple electronic signature or through the Alfred.

19.1. The Terms are issued by Alfred Jobs and will remain effective from 1. 1. 2021.