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Candidates

Introduction

We are BrainGain, an American company dedicated in offering online services for employment and internship opportunities via our website BrainGain.co. We provide a marketplace connecting job seekers/employees to employers for jobs and internships. We enable posting and searching of personal profiles, job vacancies and other employment related opportunities.

As a customer interested in our services we request you to accept and follow these Terms and Conditions below. These provide a legal basis for our relationship with you as a customer. If you are interested in our services as an employer, you would be requested to accept additional terms and conditions as you access our employer services.

Our services are defined as the applications and services offered by BrainGain including any application access through any interface that allows to access such application.

BrainGain account

In order to start using the BrainGain services, you must first sign up and create an account. During this we request you to accept these Terms and Conditions.

You are allowed to create a BrainGain account and use our services only if you are eligible to enter into legal contracts independently pursuant to jurisdiction of your residence. Normally, this means you have to be at least eighteen (18) years old.

If you are a job seeker, you are only allowed to create a BrainGain account if you are a natural person and if you create the account personally. We do not accept representation of job seekers via power of attorney or other means.

Upon signing up you will be asked to choose a password for your account. Keeping your password secure is paramount for protecting your personal information and avoiding violation of your rights. You agree not to share your account name and password with others or do anything that might jeopardize security of your account. We bear no liability for third party action in connection with the use of your account or password. Regardless, you agree to immediately notify us of any unauthorized access or other use of your account or password.

By way of your account we allow you to create an individual profile and make this profile or aspects thereof public. A job seeker profile allows interested employers to access relevant information and submit employment related offers. An employer profile allows job posting and other recruitment activities for the purposes of hiring.

When using your account and BrainGain services please acknowledge that we only accept true and accurate information of you which does not mislead in terms of your level of education, work experience or other personal information. We reserve the right to refuse your application or any other information which we, based on information available to us, determine misleading, inappropriate or unsuitable, including but not limited to the case where your previous experience, education or skills do not meet the expectations of the job vacancy you apply for. If appropriate, we will notify you of our reasoning for rejection.

Privacy

For providing our services we collect personal information about individuals.

You agree to respect and follow the terms of the Privacy Policy of BrainGain.

Your personal information may be disclosed to Employers and used in other applicant tracking system (ATS) provider for the purpose of providing our service. By accepting these Terms you consent to such data transfer and accept that we do not bear responsibility for any non-compliance relating to any ATS or its provider, even if it has occurred in process of provision of our services.

Use of data available in our database

You are not allowed to make extracts from or copies of the database or use the database for any commercial purposes.

A job seeker may use information in the BrainGain database (including our website) to contact potential employers in good faith to apply for a job vacancy. You are also not allowed to contact employers with other intentions than actual interest in job vacancy.

No hiring clause

We do not provide any labour hire services. Thus we do not sign or mediate any employment contract nor bear liability for legal relations created by our customers (job seekers and employers) as a result of using our services. We do not take part in negotiating and entering into any employment contract between our customers. Complying with applicable labour law and other laws is a responsibility of our customers, mainly the employers.

Intellectual property rights

You agree to respect our intellectual property rights to our database, its content (including website) and the software used to provide BrainGain. By use of our services, either by posting or otherwise, you do not acquire any intellectual property rights and agree to transfer (or grant a license where applicable law does not permit a transfer) us from the moment of creation any intellectual property rights created with use of our services.

You agree not to use our materials for any services similar to BrainGain.

For avoidance of doubt, we remain the sole owner of the BrainGain database and by posting information on our website you are not becoming a joint owner of the rights.

Termination and deletion of your account

If you no longer want to be connected to BrainGain, please email inquiries@braingain.co and we will close your profile for public view. Upon doing so our legal relationship is deemed terminated.

We will terminate our legal relationship (effective immediately) and delete your account if we, upon our reasonable opinion (including but not limited to assessing viable reports from other BrainGain users), find that you have (i) provided morally inappropriate, fraudulent, misleading or inaccurate information (ii) as a job seeker, contacted any employer for a purpose not related to the employment (iii) are not eligible to use our services or (iv) have violated any other term of these Terms and Conditions and have not remedied such violation (provided a remedy is possible and reasonable according to our opinion) within the term given by us.

In addition to above we also reserve ourselves the right to stop providing services and terminate our legal relationship (effective immediately) without existence of circumstances attributable to you.

Limitation of liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of our services. We will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence.

We bear no liability for advertisers, linked websites or other users of Jobbatical.

No warranty

We provide material on our website as it is. We do not provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose.

Changes

We may change any of these Terms and Conditions or any other terms agreed between us by posting revised terms on our website jobbatical.com and/or by sending an email to the last email address you gave us. Unless you delete your account within fourteen (14) days, the new terms will be effective immediately and apply to any continued or new use of our services.

Applicable law and settlement of disputes

Any legal relationship between us, including but not limited to these Terms and Conditions, is governed by the laws of USA and any court proceedings are subject to courts in Delaware, USA.

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Employers

Introduction

We are BrainGain, an American company dedicated in offering online services for employment and internship opportunities via our website BrainGain.co. We provide a marketplace connecting job seekers/employees to employers for jobs and internships. We enable posting and searching of personal profiles, job vacancies and other employment related opportunities.

As an employer interested in our services we request you to accept and follow these Terms and Conditions below. These supplement our legal relationship in addition to the Terms and Conditions for Customer which you approved previously. In matters where the conditions of the current Terms and Conditions for Employer differ from the Terms and Conditions for Customer, the current Terms and Conditions for Employer shall prevail.

BrainGain account and employer profile

In order to start using the BrainGain services as an employer, you must first create an employer profile to your BrainGain account. During this we request you to accept these Terms and Conditions.

You are allowed to create an employer profile to your BrainGain account to use our relevant services provided that you are an active employer which is eligible to enter into legal contracts (including but not limited to employment contracts) independently pursuant to applicable jurisdiction. If you represent an employer as legal person, you are allowed to create an employer BrainGain profile and use our services provided that this legal person has sufficient legal capacity pursuant to applicable jurisdiction.

Any representative acting on behalf of a legal person must have sufficient legal authorization to act in the name and on behalf of that legal person. For avoidance of doubt, in terms of employer services and the relevant rights and obligations pursuant to present Terms and Conditions the legal contracting party to BrainGain is the employer (as person) that you represent.

Use of database data as an employer

You as an employer may use information in the BrainGain database (including our website) to post employer information about vacant positions for the purpose of filling the job vacancy. You are not allowed to make extracts from or copies of the database or use the database for any commercial purposes. You are also not allowed to contact job seekers or other BrainGain users with other intentions than actual interest in filling the job vacancy.

You are responsible for determining whether our job post requirements are suitable for you to use pursuant to applicable law.

Privacy

For providing our services we collect personal information about individuals.

You agree to respect and follow the terms of the Privacy Policy of BrainGain. This includes your obligation to perform or refrain from, whichever the case may be, any actions which allow us to respect the privacy of job seekers and employees pursuant to our Privacy Policy and applicable laws.

We allow you to use personal data collected by us for the purposes of selecting employees. You may not collect, store or process the personal data of job seekers in a manner not provided in Privacy Policy. For avoidance of doubt, you are not allowed to collect personal data of job seekers for the purposes to create your own manpower database. Once you have made your selection you shall delete all personal data provided to you by BrainGain. You are not allowed to send to job seekers direct emails or any information not related to the job

Requirements for job posting

Any of your job posting may not contain:

misleading, unreadable or hidden keywords that are irrelevant to the job opportunity being presented, as determined in BrainGain’s reasonable discretion;

the names, logos or trademarks of companies other than yours;

the names of cities, states, towns or countries that are unrelated to the posting;

more than one job or job description, more than one location, or more than one job category;

inaccurate, false, or misleading information;

material or links to material that solicits personal information from anyone under eighteen (18);

words or phrases intended to cause a false positioning in the search results seen by a BrainGainl;

and you may not use your job posting to:

post jobs in a manner that does not comply with applicable law, including but not limited to laws relating to employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;

post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment;

post jobs that contains links to any site competitive with BrainGain;

post any franchise, pyramid scheme, club membership, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;

post any business opportunity that requires an up-front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;

promote any opportunity that does not represent genuine employment;

advertise sexual services or seek employees for jobs of a sexual nature;

endorse a particular political party, political agenda, political position or issue;

post jobs which require the job seeker to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offenses or proceedings, or (vii) age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity and/or any other ground that may be rendered unlawful in applicable law.

We reserve the right to reject or remove any job posting or content from BrainGain site, which in the discretion of BrainGain does not comply with the conditions of these Terms and Conditions, or if any content is posted that we believe is not in the best interest of BrainGain. We may view and internally review the content made available by you if your job posting violates these terms or applicable law.

Fee and payments

BrainGain services to an employer are subject to the fee as posted on our website (https://www.braingain.co/faq-employers/). We may change the payment system or pricing structure for our services (including but not limited to establishing new fees or changes existing fees) by a post/notification on our website and/or e-mail on your contact made available to us. The new fee will be valid and active immediately from the disclosure.

Linked sites and third party content

Our website may include links to other websites or services or to third party content.

We do not endorse any such linked sites or third party content or the information, material, products, or services contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites is solely at your own risk.

Your compliance with terms of third party service established by relevant service provider is your own sole responsibility. We do not bear any responsibility for any of your violation of such terms, even if it has occurred in process of provision of our services.

Termination and deletion of your account

If you no longer want to be connected to BrainGain, please email inquiries@braingain.co and we will close your profile for public view. Upon doing so our legal relationship is deemed terminated.

We will terminate our legal relationship (effective immediately) and delete your account and/or employer profile if we, upon our reasonable opinion (including but not limited to assessing viable reports from other BrainGain users), find that you have (i) violated any requirement for job posting as stipulated in these Terms and Conditions (ii) provided morally inappropriate, fraudulent, misleading or inaccurate information (including but not limited to such information about your company/entity) (iii) mistreated an employee in any way (iv) contacted any job seeker for a purpose not related to the employment (v) are not eligible or authorized to use our services or (vi) have violated any other term of these Terms and Conditions or Terms and Conditions for Customer and have not remedied such violation (provided a remedy is possible and reasonable according to our opinion) within the term given by us.

In addition to above we also reserve ourselves the right to stop providing services and terminate our legal relationship (effective immediately) without existence of circumstances attributable to you. In that case we will also store your data in our database for another thirty (30) days before we delete your data permanently and provide you a refund for any payment made in advance. In all other cases of termination no refunds will be made.

For avoidance of doubt, once your account is deleted, you may no longer use BrainGain services as an employer nor job seeker.

Limitation of liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of our services. We will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence.

We bear no liability for advertisers, linked websites or other users of BrainGain.

Indemnity

You agree to indemnify and hold us harmless from any losses that result from any of your violations or unreasoned claims. You also agree to indemnify and hold us harmless from any losses that result from third-party claims that result from any of your violation.

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Privacy Policy

We are BrainGain, an American company dedicated in offering online services for employment and internship opportunities via our website BrainGain.co. We provide a marketplace connecting job seekers/employees to employers for jobs and internships. We enable posting and searching of personal profiles, job vacancies and other employment related opportunities. Hereby we determine and explain the purpose of the processing of the data and the persons to whom communication of the data is permitted, the conditions for communicating the data to third persons and your rights concerning further processing of your personal data.

By joining BrainGain, creating your account and accepting our Terms and Conditions and this Privacy Policy, you are giving us your permission to process your personal data pursuant to conditions of this Privacy Policy. Please read this Privacy Policy carefully. In case of any questions regarding this Privacy Policy, please kindly contact us inquiries@braingain.co.

We process (including collect, store, save, distribute, compile, use, make available to, etc.) personal data submitted by you at the sign up and on your account. We do not collect any personal data about you which is made available outside our website.

We collect and process the following personal data: name, date of birth, location, work experience, skills, education, contact information and e-mail address. You do not have to provide any other personal data which is not mentioned in our profile list on our website. Please take into account that some of the personal information may be sensitive personal data and therefore we ask you to think twice before you decide to make it available.

We collect and process job seekers` personal data for the purpose of matching up to employers around the world. Upon job seekers` separate consent we forward data to the employers to enable to decide whether the job seeker is the one they are looking for. We may also use the personal data such as contact details to resolve any service quality issues between us.

We use your personal information to create a profile of you. The profile-making process is not an automated decision which results in legal consequences for you or significantly affects the data about you. As a job seeker you agree that we may assess your skills, experiences, current location or other characteristics and express our preferences to the employers. Upon your separate consent we may provide your profile to an employer even if you are not applying for the vacant position. We may help the employers with pre-selection of possible employees during which we may add to your profile some comments on why we feel that you are the best for this position. However, the final decision is always made by the employer. We do not interview you nor do we conduct any background research. All the data you make available on your account shall be available to potential employers as it is provided by you.

Personal data is disclosed only to employers who have joined BrainGain. Profile and other personal information is not available to the public and it is not allowed to index the data by search engines such as Google. We are happy to provide you your personal data report. Please contact our support at inquiries@braingain.co to request this report.

We will not disclose your personal data to any other third parties or public authorities, except if the person requesting data has a legal basis for doing so pursuant to applicable law.

Only authorized employees of BrainGain have access to the personal data and they may access the data only for the purpose of resolving issues associated with the use of our services.

Pursuant to applicable law we may transfer, process and store personal data in reputable and sufficient cloud databases that are located outside of the USA and European Union. We reserve ourselves the right to change the cloud service provider at any time without prior notice.

Direct marketing and newsletters

We only use your e-mail address to send notifications regarding certain actions on your account or to suggest jobs that match your profile. If you no longer wish to receive these job suggestions, please click the “Unsubscribe” link in the footer of our e-mail.

Cookies

As you browse the BrainGain.co website we may place anonymous cookies on your computer, and use similar technologies, in order to understand your interests based on your (anonymous) online activities, and thus to tailor more relevant ads to you. If you do not wish to receive such tailored advertising, you can visit this page to opt out of most companies that engage in such advertising.

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