LEGAL NOTICES
Publishers of the site:
SYNERGIE BELGIUM NV, with registered offices at Desguinlei 88-90, 2018 Antwerp,
KONVERT INTERIM VLAANDEREN NV, with registered offices at President Kennedylaan 7, 8500 Kortrijk,
And
AGO JOBS & HR, with registered offices at Wolvenstraat 23, 8500 Kortrijk.
Hereinafter referred to as the PARTNERS.
INLEIDING
De PARTNERS zijn HR-bedrijven die zich met name richten op uitzendwerk. Zij beschikken hiertoe over technische middelen, vaardigheden en bronnen die de Gebruiker in staat stellen toegang te verkrijgen tot haar diensten, inclusief via de site waarvan het gebruik geregeld wordt door onderhavige AGV.
INLEIDING
The PARTNERS are HR companies that primarily focus on interim work. To this end, they have the technical means, skills and resources to enable the User to access its services, including through the site, the use of which is governed by these GTC.
ARTICLE 1 - DEFINITIONS:
The "General Terms and Conditions of Use or GTC" refers to the provisions described in the present document, which govern access to and use of the Site and its Services.
"Data" refers to all data provided by the User, either by visiting the Site or when they register as a Candidate, as well as all data automatically collected through the Site during the visit to it and used to improve the Site.
The "Site" refers to the following website: www.katoennatie-jobs.be
"Services" refers to all the services proposed by the PARTNERS on the Site, either directly or via
the portal of a partner.
"User" refers to any natural or legal person who visits the Site, as well as all pages of the said Site.
"Candidate": A user who has completed and confirmed a registration form on the site.
ARTICLE 2 - PURPOSE
2.1. The purpose of these General Terms and Conditions of Use is to set out the terms and conditions of use of the Site and the Services available on the Site that the PARTNERS make available to Users, as well as the relations between the PARTNERS and Users.
ANY CONNECTION TO THE SITE AUTOMATICALLY IMPLIES FULL AND UNRESERVED ACCEPTANCE OF THE PRESENT GTC BY THE USER.
The applicable GTC are those in effect at the time the User logs on to the Site. As such, the User is advised to read the GTC every time they visit the Site.
These GTC may be amended as often as necessary by the PARTNERS. In such cases, the User declares that their use of the Sites after amendment of the GTC automatically implies their acceptance of the GTC thus amended.
2.2. If a User uses the Site on behalf of an entity (e.g., association, corporation, foundation), they declare that they have all the powers to accept the GTC on behalf of the entity for which they use the Site. In such cases, their use of the Site also includes the unreserved acceptance of the GTC by the entity concerned.
2.3. The PARTNERS carry out their activities in accordance with the professional rules of the sector, as well as the constitutional, legal and regulatory principles of non-discrimination. As such, on this Site the masculine form (in Dutch and French) refers equally to the feminine form.
ARTICLE 3 - DESCRIPTION OF THE SITE:
The Site provides access to various Services offered by the PARTNERS, job vacancies, labour and employment information, and events. A Candidate account may also be created on the Site to access Services reserved for Candidates.
Access to the Site is free and Users can access general information regarding the PARTNERS.
ARTICLE 4 - CREATION OF A CANDIDATE ACCOUNT:
The Site enables the User to create a Candidate account on which each User can fill in in the space made available to them and which enables them to send their CV to the PARTNERS, so that the latter can forward it to the companies belonging to the Katoen Natie group.
To this end, the User must: Be a natural person,
Complete the Candidate Account registration form and provide all the required information that will be provided to them and that will be deleted by them.
If one of these conditions is not met, the User may be denied opening the Candidate account.
An account is created automatically when applying for a job or registering via the site.
The Candidate may request the closure of their account at any time, in accordance with the terms of Article 5.4.
ARTICLE 5 - PERSONAL DATA:
The PARTNERS adhere to the legislation on the protection of the personal data of the Users and in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation or "GDPR").
5.1 Data collected:
The data that the PARTNERS may collect regarding the Users are the following: Data collected when a Candidate account is created:
The data are the following: the User's surname and first name, email address, telephone number, CV and the professional data contained therein. Some of these data are mandatory and are marked with an asterisk. If the User does not provide this information, they will not be able to access the Services.
5.2 Purposes of Data Processing:
This Data must be processed in order to enable the Users to:
log on to and use the Site and obtain answers to questions sent to the PARTNERS,
and, as regards Users who are Candidates:
to create their Candidate account and use the services offered to them and, in particular, to apply for jobs, register for job events and ask questions and receive answers to these actions.
The data requested and collected on the Site are intended for the recruitment of Candidates.
This data is intended exclusively for the PARTNERS and companies interested in the profile of the Candidates. The connection data are used for statistical purposes in relation to the consultation of the pages of the Site and the traffic it generates.
5.3 Period for storing data:
The Data of the Users are kept by the PARTNERS for as long as is necessary for the use of their Candidate account and for the period prescribed by law.
5.4 User rights regarding data:
Any User who has created a Candidate Account has the right to access, transfer, rectify and erase their Data under the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
5.5 Cookies
The PARTNERS may consider it necessary to store a cookie in the User's computer in order to simplify and improve navigation on the Site. To this end, the cookie collects browsing data from the User's computer.
The user has the possibility to accept or reject cookies on their computer by changing their browser settings. However, the refusal of cookies may sometimes block access to all or part of the functions of the Site.
Further information on the use of cookies can be obtained from the publishers of the browsing software.
ARTICLE 6 - DECLARATIONS AND OBLIGATIONS OF THE USER:
6.1 By logging on to the Site, the User declares:
Being aware of the principles governing the operation of the Internet and accepting its characteristics and limitations;
Being aware that the PARTNERS cannot exercise any control over the nature and characteristics of data accessible on the Internet and that the PARTNERS cannot therefore bear any liability whatsoever that may arise directly or indirectly from such data;
Having taken cognizance of the fact that data circulating on the Internet cannot be fully protected against any misuse thereof and that it follows that any transmission is made at the User's risk. In particular, the PARTNERS take appropriate technical measures designed to protect the data against any accidental loss or unauthorised access or dissemination.
However, the Internet remains an open system and the PARTNERS cannot guarantee that unauthorised third parties will not be able to circumvent these measures in order to gain access to the data;
Having taken cognizance of the fact that viruses can be spread on the Internet by third parties and that it is therefore up to the User to take all appropriate measures to protect the data stored on their computer equipment; moreover, the User undertakes not to store any documents containing viruses;
By using the Site, the User bears the risks with regard to the completeness, accuracy and timeliness of the data.
6.2 When the User stores, provides and makes available elements and data (e.g. information about the User, their CV, etc.) to the PARTNERS, other Users and partners of the PARTNERS, they undertake that it:
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Does not contravene or violate any applicable regulations and laws,
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Does not contain viruses or programs that could impair or damage the proper functioning of the Sites,
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Does not infringe on the rights of third parties,
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Is not misleading, inaccurate or deceptive,
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Does not contain any defamatory, insulting, violent elements, incitement to ethnic or racial hatred, is likely to violate human dignity or the protection of minors,
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Does not violate the image of the PARTNERS.
6.3 The User indemnifies the PARTNERS and their partners against any liability or legal action by third parties and any financial consequences arising from the use of the Sites by the User or from the User's breach of these GTC or regulatory requirements in force.
6.4 The User is responsible for ensuring compliance with the operation of the Sites and the technical measures applied for the security of the Sites and access to the Sites. In this respect, each User shall refrain from using any hardware or software that may alter, interfere with or distort the operation of the Services and the Sites.
Any breach of this obligation may result in both civil and criminal penalties. In addition, the PARTNERS reserve the right to delete or deactivate the account of a User who makes fraudulent or unlawful use of their account or fails to comply with these GTC without delay.
ARTICLE 7 - ACCESS TO THE SITE:
The PARTNERS undertake to allow access to the Site 24 hours a day, 7 days a week, except in cases of force majeure, including but not limited to social conflicts, the intervention of civil or military authorities, natural disasters, fire, water damage, interruption of the telecommunications network or of the power supply network, and also subject to possible breakdowns and maintenance work or updates of the Sites, without these interruptions being able to entitle the User to compensation.
Similarly, the User agrees that the PARTNERS may be forced to interrupt the Sites and all or part of the Services at any time and without prior notice.
The PARTNERS cannot be held liable in the event that it is not possible to access the Sites and/or use the Services and the Users therefore waive any claim or action in this respect.
ARTICLE 8 - HYPERTEXT LINKS:
The Site may invite the User and/or Candidate to visit other websites via hypertext links. The Site refers to these websites as it is of the opinion that they may provide further information. In no event can the PARTNERS be held liable for the content of these websites, which they do not publish, and the User acknowledges that these websites and services of third parties or partners are entirely independent of the PARTNERS. The proposed redirection to a third website does not constitute a recommendation and the PARTNERS cannot under any circumstances be held liable for the content offered on the websites in question.
ARTICLE 9 - INTELLECTUAL PROPERTY:
9.1 General provisions:
The Site is an inseparable whole. The information contained herein is for personal use only and may not be reproduced in whole or in part, nor provided to third parties for any reason whatsoever. All data (text, sound or images) contained on the pages of the Site are the exclusive property of the PARTNERS.
Any reproduction, representation or distribution for purposes other than personal use of all or part of the content of this website on any medium or by any process whatsoever is prohibited. Failure to comply with this prohibition shall constitute, in particular, an infringement of intellectual property law for which the offender may be held liable under civil and criminal law.
9.2 Credits Photographs:
All rights relating to the photographs shown on this Site are reserved.
9.3 Trademarks:
It is strictly prohibited to use or reproduce the "Katoen Natie, Synergie, Ago Jobs & HR or Konvert" trademarks and/or their logos, alone or in combination, for any reason whatsoever, including in particular for advertising purposes, without the prior written consent of the PARTNERS.
ARTICLE 10 - LIMITATION OF LIABILITY:
The content mentioned on the Site is provided for information purposes only and the Services and the Site are made available as such. The PARTNERS can in no way be held liable in this regard, which does not give any explicit or implicit guarantee and does not bear any responsibility for the use of this information, Services or Site.
The User acknowledges that neither the PARTNERS, nor any of their affiliates, nor members of the network of the PARTNERS may be held liable for any direct or indirect damage, in particular material damage, immaterial damage, loss of data or programmes, financial damage, resulting from access to or impossibility of accessing or using the Site or sites linked to it or, in particular, from the interruption, suspension, modification or cancellation of the Site or any of its elements.
Furthermore, the PARTNERS may not be held liable in any way in the event that the Site is unavailable, in particular during maintenance work or for reasons of force majeure.
In addition, the PARTNERS cannot guarantee that the information provided on the Site is complete, up to date and relevant, in particular the existence or availability of any vacancy mentioned on this Site, nor the definitive terms or duration thereof. The PARTNERS offer no guarantee that an employer or client will propose an interview, nor accept a User, nor that the User is available or will meet the needs of an employer or a client.
The User is informed that the PARTNERS will provide all information to establish or facilitate the establishment of the identity of any person guilty of infringing legislation or the rights of the PARTNERS or a third party at the request of an authority or jurisdiction, such as IP addresses and login times.
In the event that the PARTNERS are held liable in court for a User's failure to comply with its obligations, the PARTNERS may summon the User in proceedings. The User acknowledges that it is solely responsible for the use of the Site, the data and Services offered through the Site.
ARTICLE 11 - APPLICABLE LAW
BOTH THIS SITE AND THE SERVICES, AS WELL AS THE TERMS AND CONDITIONS OF USE THEREOF, ARE SUBJECT TO BELGIAN LAW, REGARDLESS OF THE PLACE OF USE.
Should any of the provisions of these GTC be deemed invalid or inapplicable by any authority or jurisdiction, they shall be deemed unwritten, without prejudice to the validity of the remaining provisions which shall remain in force.
ARTICLE 12 - COMPETENT COURT:
BY USING THIS SITE, THE USER ACCEPTS THE PRESENT GTC. ANY DISPUTE CONCERNING THE USE OF THIS SITE AND THE SERVICES PROPOSED ON THE SITE OR THE DISSEMINATION OF INFORMATION VIA THE SITE SHALL FALL WITHIN THE EXCLUSIVE JURISDICTION OF THE COMPETENT COURT, UNDER BELGIAN LAW, EVEN IF THERE ARE MULTIPLE DEFENDANTS OR IN THE EVENT OF A SUMMONS TO PROCEEDINGS.