User 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 Act no. 121/2000 Coll., the Copyright Act, as amended (the “Copyright Act“), 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. The concept of a Company in the Terms also includes brands, 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. User Service Terms
2.1. Use of Alfred 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 Alfred.
2.2. All use of Alfred 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. Access for User
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 Alfred and Alfred Jobs 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 Alfred. 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, at least until 70% of the pre-planned Profile information has been obtained
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, at least until 70% of the pre-planned Profile information has been obtained.
3.1.3. Access without logging in
With this access, it is only possible to view the job advertisements offered in Alfred and to monitor certain job categories, types of jobs (e.g. full-time or part-time work) and locations of jobs according to the User’s definitions. By using Alfred, the User accepts the Terms. It should be noted that the User’s definitions for this kind of monitoring are stored in the User’s device and will therefore not be transferred to another device if the User switches to another device.
4. Application process
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 Alfred, among other things to request further information in the course of 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 Alfred.
4.3. 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 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 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 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 Alfred or not.
5. Personal Data
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 Alfred at the first log-in. Log-in information is not stored in Alfred; 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 Alfred or by contacting Alfred Jobs via the contact section on Alfred Jobs’ 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 Alfred.
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. Alfred Jobs 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 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.
6. Rights and Limitations
6.1. 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.
6.2. The User is obliged to provide Alfred Jobs 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 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.
6.4. The User is not allowed to:
- 6.4.1. 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”);
- 6.4.2. reproduce the software on which Alfred is based in any way, including the production of a backup copy;
- 6.4.3. disseminate the software;
- 6.4.4. display or publish the software;
- 6.4.5. translate, adapt, arrange or otherwise alter the software in any way;
- 6.4.6. perform reverse engineering, de-compile, disassemble or try to gain the software source code in any other way;
- 6.4.7. attempt to break the software security measures or to attack the software in any other way;
- 6.4.8. try to access any part of Alfred to which the User has no explicit access granted by Alfred Jobs;
- 6.4.9. overburden Alfred by automatic usage;
- 6.4.10. otherwise use Alfred contrary to its purpose or
- 6.4.11. infringe Alfred Jobs’ intellectual property rights per Article 8 hereof.
6.5. The User is required to notify Alfred Jobs of any safety deficiencies in Alfred that he/she has learned during the use of Alfred.
6.6. The User, in order to prevent any breach into his/her Profile in Alfred, is also required to:
- 6.6.1. protect any devices used against misuse;
- 6.6.2. set up secure login credentials;
- 6.6.3. prevent any sharing of credentials with third parties;
- 6.6.4. protect the credentials; and
- 6.6.5. prevent abuse of credentials.
6.7. In the event of a defect of Alfred, the User 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 User has been acknowledged and agrees that Alfred Jobs might take reasonable time depending on the type of service required to expertly assess the defect.
6.8. The User hereby requests and authorizes Alfred Jobs 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 Alfred.
7. Limited Liability
7.1. Alfred Jobs is not responsible for the application process or the results achieved from using Alfred, 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. Alfred Jobs 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. Alfred Jobs 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. 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 User receives them at all, however, Alfred Jobs will endeavor to achieve successful delivery of all announcements within the time required.
7.4. 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 a Company upon the creation of an advertisement.
7.5. 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.
7.6. 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.
7.7. The User provides information to Alfred Jobs and Companies and applies for jobs at his/her own responsibility. Alfred Jobs is not responsible for damage that may occur due to a third-party acquiring information about the User in Alfred by unlawful access, especially by means of hacking. Furthermore, Alfred Jobs is not responsible for the way in which a Company treats applications and information provided by an Applicant in the application process.
7.8. 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.
7.9. At the time of failure or downtime of Alfred, 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 Alfred Jobs be liable for any damage to the User, the parties have agreed, and the User 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.
8. Intellectual Property Rights
8.1. 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.
9. Breach of the Terms
9.1. If the User 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 relevant User’s access to Alfred 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:
- 9.2.1. Sends or otherwise shares information that violates the laws or the Terms, or could damage the goodwill and reputation of Alfred Jobs;
- 9.2.2. Breaches its obligations specified in Article 6 hereof;
- 9.2.3. 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
- 9.2.4. Spreads hateful, illegal or inappropriate content through Alfred.
9.3. Alfred Jobs has the right to remove without warning all hate speech, illegal and inappropriate content from Alfred.
9.4. Should a suspicion arise that the User is acting in an unlawful manner, Alfred Jobs reserves the right to inform the relevant authorities.
10. Changes to the Terms
10.1. 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 User via his/her e-mail address, by a notification in the Alfred or by a notification sent to the telephone number of the User and by making the new Terms available on the Alfred Jobs’ website. Shall the User not reject the change of Terms within 15 days following receiving the announcement by e-mail, through Alfred 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 Alfred services with a 15 days termination period, during which the latest mutually agreed Terms shall apply.
11. Termination of Services
11.1. The User has a right to terminate the provision of the Alfred services if he/she no longer wishes to use Alfred. In such case, the User shall inform Alfred Jobs by closing the User’s Profile in the settings. A notification from the User that he/she no longer wishes to use Alfred will result in that User’s job applications through Alfred being immediately retracted, as the information about the User disappears from Alfred.
11.2. 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 User received the notice of termination.
11.4. 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, 4.4, 5, 6.1., 6.3., 6.4., 7, 11.4., 13, 14, 15 and 16 survive the termination of the Alfred services and this agreement.
12. Legal Transfer of Ownership of Alfred
12.1. 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 User. 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 User 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.
13. Alternative Dispute Resolution
13.1. In the event that a consumer dispute arises between Alfred Jobs 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 Malta, the authorized extrajudicial dispute resolution body according to Clause 13.1. is the Malta Mediation Centre. More information on alternative dispute resolution can be found here.
14. Governing Law and Dispute Resolution
14.1. All rights and obligations arising out of the use or in connection with Alfred or the Terms are governed by Maltese Law.
14.2. 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.
15.1. The Terms have been drawn up in English. All obligations of Alfred Jobs towards the User related to the Terms shall be fulfilled in the English language.
16.1. All communication between the parties shall be made in English, in particular electronically, via the Alfred system, e-mail or contacts available at the Alfred Jobs’ 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 Alfred Jobs to the User’s e-mail address or telephone with a simple electronic signature or through the Alfred.
17. Period of Validity
17.1. The Terms are issued by Alfred Jobs and will remain effective from 1. 1. 2021.