Terms of Use for Job Seekers

1. Scope of Application

JobCloud Ltd, Albisriederstrasse 253, 8047 Zurich (hereinafter "we" or "JobCloud") offers a variety of job search and career planning solutions. These Terms of Use apply to all products and services offered by JobCloud to job seekers (hereinafter referred to as "Job Seekers", "You" or "Users"). Thank You very much for choosing us.

These Terms of Use apply regardless whether Users make use of the products and services offered by JobCloud on one of our websites (e.g. jobs.ch, jobup.ch, jobscout24.ch, hereinafter "Platforms"), on mobile applications (hereinafter "Apps") or otherwise.

These Terms of Use do not apply to Business Customers, who are subject to the General Terms and Conditions.

Specific terms of use apply to certain products or services (such as the terms of use for Digital Recruiting «Spotted»).

2. Products and Services

2.1 Registration of a JobCloud Account via JobCloud

Every User has the possibility to register for a free user account for one of our Platforms (hereinafter "JobCloud Account"). This requires providing a valid email address and password. To verify your email address, JobCloud will send you a verification email.

2.2 Registration of a JobCloud Account via Social Media

The user can register or log in to JobCloud via a social network (e.g. Facebook, Google, or Apple). In this case, JobCloud receives the necessary registration or login data from the respective social network. Further details can be found in JobCloud's Data Privacy Notice. The legal relationship between the user and the social network, including data protection provisions, is governed exclusively by the terms of the social network.

With the creation of the JobCloud Account a contractual relationship between the User and JobCloud is established. After creating the JobCloud Account, the User has the possibility to enter further data in his JobCloud Account and to use the products and services offered by JobCloud for registered users.

2.3 Using Services and Products with the JobCloud Account

JobCloud is a full-service administrator for job placement and offers its users comprehensive services related to all aspects of successful job placement. A detailed overview of the services and products currently offered can be found on our Platforms.

The services and products offered by JobCloud include those provided on the Platforms, including AI-powered services, to provide enhanced features and functionalities, namely:

Basic services:

• Access to and viewing of specific job offers, general information about potential employers, companies or industries, company news, etc.

• Direct application options via the JobCloud profile, with the submission of applications to the employer.

• Ability to create a User profile within the JobCloud Account (including storage and management of your job applications and job application documents, as well as use of the features and settings offered in the profile).

• Conducting salary comparisons and other assessments to evaluate your chances and prospects on the job market, as well as the ability to review your current or potential employer (see Clause 4).

• Display of personalized job recommendations on JobCloud platforms.

• Generation and use of AI-based content to support job searching and applications.

In addition, Users can access, activate or deactivate additional services and products, such as:

• Comparison of the profile and personal preferences with job requirements and the characteristics of the potential employer to determine the degree of match.

• Services, offers, and notifications tailored to the individual application profile (including personalized job offers, company news, favourites list reminders, product updates, information about upcoming webinars, see the settings in your Profile).

• Matching services to evaluate a suitable position and, if applicable, recommend your profile to a potential employer.

• Access to information, tips, guidance, and newsletters related to your job search and the application process.

• Use of tools to file and make visible relevant documents and information of the User (e.g. profile, CV), which can be viewed by potential employers and/or recruiters.

• Digital Recruiting: If the User accepts the specific terms of use for Digital Recruiting "Spotted", JobCloud also performs Digital Recruiting services.

JobCloud reserves the right to add new services, products, and functions at any time and to change, develop or discontinue existing services, products, and functions in whole or in part at any time. Users have no right to the continued provision of a service, product, or feature in its unchanged form.

If Users do not agree with any change or discontinuation of services, they may terminate this Agreement in accordance with clauses 11 or 12 of this Agreement and refrain from using the JobCloud Platforms.

2.4 Using Services and Products without the JobCloud Account

Users without a JobCloud Account can use the services and products available on the JobCloud website or in an App without signing up. Users can also agree on the use of specific services or products, such as for Digital Recruiting “Spotted”, if they accept the specific terms of use for Digital Recruiting “Spotted”.

By using our services for free without a JobCloud Account, the User agrees that JobCloud may contact the User by email or other means of communication, e.g. social media, after completion of the User’s application regarding all products and services for Users. The User can revoke this consent at any time and without justification using the unsubscribe option provided in the message (e.g. using the unsubscribe link or unsubscribe button etc.) free of charge.

JobCloud reserves the right to add new services and innovations at any time and to change, develop or discontinue existing services in whole or in part. Users have no right to retain a service or innovation.

If you do not agree with any change or discontinuation, you may refrain from using the JobCloud Platforms and the services and products provided by JobCloud.

3. Use of Data and Data Protection

The protection of personal data is important to JobCloud. JobCloud will therefore handle the Users’ personal data with the greatest care at all times, in compliance with the applicable data protection regulations. JobCloud uses personal data to provide services and products used by the Users. For further information on how personal data is used, see JobCloud’s Data Privacy Notice or specific privacy notices for specific products/services. As stated in the privacy policy, Users can object to the use of personal data for marketing purposes at any time (e.g. by sending an email to dataprotection@jobcloud.ch).

It is prohibited to transmit particularly sensitive personal data to JobCloud. This includes, among other things, data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, as well as health data (such as genetic and biometric data), information about sexual life, data relating to administrative or criminal proceedings or sanctions, and data relating to social assistance measures. Similarly, sensitive documents such as copies of identity documents, criminal records, or comparable materials must not be transmitted—neither via the user profile, the CV database, nor, for example, through the application form. If such information or documents are required, they must be exchanged exclusively and directly with the potential employer, not via the JobCloud platform.

Users authorize JobCloud to make unlimited use of data sent to JobCloud subject to prior anonymization of such data and to dispose of the anonymized data without limitation.

4. Reviews of Companies/Employers/Salary Information

Users are able to review employers on the company review platform. Users also have the option to provide salary information for work in specific positions. The following rules apply:

• It is only permissible to review those employers for whom the User works or has worked or to whom the User applied and was subsequently invited to an interview.

• All information about the employer and place of work must be complete and correct; no untrue allegation of facts may be made about employers, their employees or other circumstances concerning the employer in question.

• All salary information, whether abstract or in connection with specific employers, must be complete and correct. No false information may be submitted.

• The reviewer must refrain from mentioning any individual's name or other information that might enable identifying an individual (other than oneself).

• Users must not link the statements they make to external content.

• You hereby consent to JobCloud editing and/or abbreviating your employer reviews and salary information, deleting or moving such reviews to other sections or subject areas within the JobCloud website. You further acknowledge that JobCloud may reject or delete your employer review at any time, if it violates the applicable law or the platform’s guidelines. In addition, You authorise JobCloud to send your employer reviews and salary information to third parties.

5. Notification and Corrective Action Procedure in Relation to Illegal Content

5.1 Notification of Illegal Content

Reports regarding illegal content can be made to JobCloud at the following e-mail address: candidate@jobs.ch. The information provided should be as precise as possible with regard to the identification of the illegal content and the reasons for the illegality.

JobCloud checks whether the report contains sufficient information to be able to assess the illegality of the reported content. If the report does not contain all the information required for an assessment, JobCloud will inform the reporting person accordingly. If the report is incomplete, JobCloud reserves the right to reject it.

5.2 Decision and Legal Remedies

Upon receipt of a report, JobCloud checks the reported content for its compliance with applicable law, the Terms of Use for Job Seekers, the Terms and Conditions for Business Customers and the guidelines published on our websites (e.g. guidelines for submitting ratings and comments). If JobCloud assumes that the content is unlawful, JobCloud may restrict or remove the unlawful content or block the job seeker's account.

If the contact details of the person concerned are available, JobCloud will provide them with a reasoned decision for the content moderation measures taken (as well as any further measures such as account blocking) and inform them of the relevant legal remedies.

JobCloud also informs the reporting person of the decision, including the reasons and information on the relevant legal remedies.

6. Costs

Using the products and services provided by JobCloud under these Terms of Use is generally free of charge.

If the products or services in question are fee-based, JobCloud shall clearly and unambiguously indicate this to the Users on the respective website before such products or services are used, with reference to the separately applicable terms of use.

7. User's Obligations

By accepting these Terms of Use, Users agree to all rules and policies published on our website. In the event of a violation, JobCloud reserves the right to remove content, restrict access, or suspend the user’s JobCloud account at its sole discretion and without prior notice.

All the information entered must be complete, up to date and truthful. If the User makes incomplete or false statements, JobCloud is entitled to terminate the agreement at any time in accordance with clause 11 of these Terms of Use and/or block the JobCloud Account temporarily or permanently.

The JobCloud Account shall only be used personally by the account-holding User, who undertakes to store the login details and passwords in a safe place and not to disclose them to third parties. If a third-party gains access to your JobCloud Account, Users are required to inform JobCloud thereof without delay. The use of the JobCloud Account for third-party data or applications is not permitted.

Users must never, directly or indirectly:

• access the website other than through the web or app interface publicly provided by JobCloud, access areas without authorization, or access systems without explicit permission.

• provide code or data that could damage, disrupt, disable, impair, intercept, steal, or otherwise harm the website, data, programs, systems, devices, or communications, or that would violate applicable law.

• use crawlers, scrapers, or data-mining tools, or extract, reproduce, copy, sell, exploit, or resell data from the website.

• use automation, scripting, bots, or other tools to automate processes or access services (except through tools officially provided by JobCloud);

• access data, particularly personal data, in an automated manner or without authorization.

• use our platforms for harmful, spam, fraudulent, or unsolicited messages or content, including attachments, scripts, macros, or other code.

• use the services in a way that damages, disrupts, disables, or impairs our systems or the appearance of the website.

• bypass restrictions or blocks on functions, whether automatically or otherwise.

• transmit applications or content in a manner that is massive, repeated or inappropriate in rapid succession, except via explicitly authorised tools.

• transmit applications or content simultaneously in an automated manner, except via explicitly authorized tools.

• interfere with the use of the website by others.

• modify, adapt, translate, reformat, resell, redesign, or reverse engineer parts of the website.

Users may not use the website to:

• harm others or violate their rights (including data protection and intellectual property rights);

• promote or incite illegal activities.

• promote pyramid schemes, multi-level marketing programs (MLM), jobs requiring advance payment, or content deemed harmful to users.

• send unsolicited advertising or illegal messages.

• impersonate others or create fake accounts.

• misuse the website for personal commercial purposes.

JobCloud reserves the right to monitor all activities on the website, use collected data to enforce these rules and disclose information to law enforcement authorities or third parties.

8. Intellectual Property

JobCloud shall retain all rights of ownership and proprietary rights to JobCloud's websites, Platforms and Apps, particularly copyrights and rights to trademarks, designs and know-how. JobCloud grants Users a non-exclusive, non-transferable right to use the Platforms, Apps, and products and services offered by JobCloud in accordance with these Terms of Use. Any further publication, use, disclosure or reproduction of any such rights of ownership and proprietary rights without the express consent of JobCloud is prohibited.

9. No Guarantees

JobCloud gives no guarantees whatsoever regarding its Platforms, Apps or products and services offered by JobCloud; in particular, JobCloud does not guarantee that:

• the content is up-to-date, accurate, complete or fit for a particular intended purpose;

• the application documents transmitted will be received, read or answered, or that the Job Seeker will find any position; or

• the services and products will be available without interruptions or disturbances.

Although JobCloud performs regular backups, the possibility of data losses cannot be ruled out entirely.

10. Liability

JobCloud shall only be liable for loss or damage caused intentionally or through gross negligence, in accordance with the applicable law.

JobCloud also posts third-party offers and content and/or links to such third-party offers or websites on its Platforms. JobCloud has no control over the offers and content of third-party, neither over the content accessible via external links. JobCloud disclaims liability for such content, also regarding their accuracy, completeness, reliability or suitability for specific purposes, including for any malware, viruses or other harmful components they may contain. Upon corresponding notification by Users, illegal content will be removed immediately.

11. Term of Agreement and Termination

These Terms of Use shall apply for the duration of the utilization of services and products by the User or, in the case of Users with a JobCloud Account, for an indefinite period after creation of the account.

Users with a JobCloud Account may terminate the agreement between them and JobCloud at any time by (i) sending a letter to JobCloud Ltd, Albisriederstrasse 253, 8047 Zurich or an e-mail to info@jobcloud.ch or (ii) deleting their account in the account settings. In this case, JobCloud will definitively and irrevocably terminate the JobCloud Account except for such information as is necessary to wind up the contractual relationship, to assert or enforce legal claims and such information as JobCloud is required to retain by law.

JobCloud reserves the right to anonymize such information instead of deleting it. In accordance with clause 3 of these Terms of Use, the User grants JobCloud the right to use such anonymized data without limitation and to dispose of such anonymized data without limitation. For further information on how personal data is used and deleted, see JobCloud’s Data Privacy Notice or specific privacy statements for specific products/services

12. Changes to the Range of Services

JobCloud reserves the right to change and/or discontinue at any time all or part of the products, services, and functions offered. The User shall have no claims whatsoever against JobCloud on grounds of such a change of discontinuance of products, services or functions. If a registered user does not agree with a change, they may terminate the agreement with immediate effect in accordance with clause 11.

13. Changes to These Terms of Use

13.1 Change of Terms of Use for Use of Services with a JobCloud Account

JobCloud shall inform the User of any change to these Terms of Use (providing the new Terms of Use as well as an overview of the relevant changes) in text form at least two (2) weeks prior to the planned effective date of said change. Users who do not accept the change may no longer use the services and products from the date the change takes effect and must delete their JobCloud account. The contractual relationship between JobCloud and the user will automatically end on the day the planned change takes effect.

Any continued use of the platforms after the date the amended Terms of Use become effective shall be deemed as acceptance of the amended Terms of Use.

13.2 Change of Terms of Use for Use of Services without a JobCloud Account

For the use of services without registration, the Terms of Use shall apply in their current form. The current Terms of Use shall be displayed to the User when accessing the Platforms and may also be viewed at any time. JobCloud may change these Terms of Use at any time.

14. Applicable Law and Place of Jurisdiction

Exclusively Swiss law, excluding the provision of the Swiss Federal Act on Private International Law (PILA), shall be applicable to these Terms of Use and to any disputes between JobCloud and the User arising out of or in connection with these Terms of Use. The courts of the city of Zurich shall have exclusive jurisdiction. Notwithstanding the foregoing, JobCloud shall, however, have the right to take legal action at the courts of the User’s place of residence.