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Terms and Conditions

1. General information

This document ("Terms and Conditions") governs the relations between the company KINETIK CAPITAL S.R.L., a limited liability company, with the registered office Târgu Mureș 540331, 2nd floor, St. Brăila 2-4, Romania, registered with the Trade Register Office from Mures under number J26/1981/2019, sole identification number 41811875 ("the Company") and the users (”Users ") of the website jobby.ro (the "Website ") or the application (the " Application") and / or the services provided by the Company through the Website / Application (the "Services"). The Website and the Application will continue to be jointly referred to as the "Jobby Platform".

The access and use of the Website, respectively downloading and use of the Application by the Users is subject to compliance by them with this document and the applicable legal provisions. The use in any way, accessing, visiting and / or viewing the Website content, downloading and use of the Application, respectively contracting Services through Jobby Platform, involves the User to comply with these ”Terms and Conditions”, unless the User has been previously informed that different terms of use apply to that content.

UNLESS YOU AGREE WITH THE PROVISIONS OF THIS DOCUMENT, PLEASE DO NOT USE THE WEBSITE / DO NOT DOWNLOAD / USE THE APPLICATION, OR AS APPROPRIATE, STOP USING THE WEBSITE /APPLICATION OR SERVICES PROVIDED BY THE COMPANY, AS APPROPRIATE, THROUGH JOBBY PLATFORM.

The Company may revise this document at any time by updating this page. We recommend you to visit this page periodically to read the applicable "Terms and Conditions". The continued use of the Services provided by Jobby Platform represents the acceptance of the changes made to this document.

2. Services

The Services offered by the Company through the Jobby Platform address to (i) Users, individuals, who visit the Website, (ii) Users looking for a job ("Job Applicants") and (iii) Users, legal entities or authorized individuals, who post job vacancies or search for Job Applicants for certain vacancies ("Employers").

2.1. Creating the Account

Certain Services are available on the Jobby Platform without the need to create a user account (the "Account").

In order to have access to all the Services offered by the Company through the Jobby Platform, the Users (both the Job Applicants and the Employers) must configure their Account, by filling in the form available on the Website.

The account can be created on the Website only, after the creation and the validation of the Account, the Users can access the Services offered by the Company either through the Website or through the Application.

To create the Account, the Company will request the Users to express their consent regarding these Terms and Conditions and to confirm the reading and the awareness of the Privacy Policy regarding the protection of personal data. Acceptance of the Users will be achieved by checking the boxes, respectively:

  • I have read and accept the Terms and Conditions

  • I have read and became aware of the Privacy Policy

By checking the box regarding the Terms and Conditions, the Users understand that they have concluded a service contract with the Company (the "Contract"), which will be governed by this document, the Company acting as provider and the Users acting as beneficiaries.

By checking the box regarding the Privacy Policy, the Users understand that the Company has respected their right to be informed about their personal data processed by the Company, in accordance with the provisions of articles 13 and 14 of the General Data Protection Regulation.

In the case of Job Applicants, the configuration of the Account can also be done through Facebook / LinkedIn / Google, in which case the Website will take over certain public data of the Job Applicant related to his / her Facebook / LinkedIn / Google account.

In the case of Employers, the Company will verify the validity of fiscal identification code provided when creating the Account and will reject the request to create an account if the fiscal identification code does not correspond to the applicant's name. If the fiscal identification code represents a registration code for VAT purposes, the verification is carried out immediately, on the occasion of creating the Account, through the VIES system (VAT information exchange system). If the response received as a result of the verification through the VIES system is invalid or if the fiscal identification code does not represent a registration code for VAT purposes, a representative of the Company will contact the Employer, using the email address supplied when the Account is created, to verify the fiscal identification code (in this case, the Account will be created only after the Company has carried out this check).

After completing the process of creating the Account, the User will receive on the email address provided when the registration form was filled in, a link for the verification and validation of the contact details (in the case of Employers, the link for verification and validation of the contact details will be sent only after the check of fiscal identification cod, under the above conditions). If the User does not access the link received, the request to create an Account will not be solved by the Company and the data provided when filling in the form available on the Website will be deleted after the expiry of a 30-days period from the date on which that link was sent

2.2. Services addressed to Job Applicants

Job Applicants can view the information published on the Jobby Platform without having to create an Account for this purpose. For Services such as uploading a resume or generating a resume on the Jobby Platform, Job Applicants must first set up an Account, by filling in the form available on the Website. To create an Account, the following information will be requested from the Job Applicants: surname, first name, email address, password and password confirmation. After the Account has been created, the Job Applicants can add other details to the "Personal information" section such as address, telephone number, marital status, etc. This data can be deleted at any time from this field by the Job Applicants.

In Romania, Job Applicants can create their Account only if they have reached at least 16 years of age. However, if the legislation of the Job Applicants state stipulates another minimum age for validly expressing their consent to supply information society services, then this will apply as the minimum age required for the use of the Jobby Platform / Services offered on the Jobby Platform. In all jurisdictions outside the European Union, if the Job Applicants are under the age of 18 or under the full age regulated by the applicable jurisdiction, the use of the Jobby Platform, respectively of the Services offered on the Jobby Platform, will be performed under the supervision of the legal representatives of the Job Applicants. By using the Jobby Platform, respectively the Services offered through the Jobby Platform, the Job Applicants confirm that they have the minimum age required, the Company being unable to verify this information, thus being relieved of any liability that could result from the non-compliance by the Job Applicants of this requirement

After the Account is created and validated, Job Applicants can upload their resume on the Jobby Platform or may generate a resume directly on the Jobby Platform, by providing the information required to generate the resume. When creating the Account, each Job Applicant has the option to add a profile photo which, to the extent it contains personal data, will be processed by the Company based on the consent expressed by the Job Applicants by providing that photo.

The information provided by the Job Applicants when they upload or edit their resumes, including their personal data, is placed on the Jobby Platform and become part of the Job Applicant’s Account. The Company reserves the right to charge from the Employers a fee for accessing the information provided by Job Applicants, including personal data, as part of the Services offered through the Jobby Platform. The extent to which the information provided by Job Applicants is made available to the Employers depends on the privacy settings that the Job Applicants choose when uploading / generating their resume on the Jobby Platform.

Public resumes

At the time of the creation of the Account, the data from Job Applicants’ resumes are automatically set as public but the Job Applicant may change the confidentiality settings of the resume at any time. If the setting retains the status of the resume as being public, Employers will have access to the Job Applicants’ resumes (without having access to the contact details). The Employers may request the Company to unlock the contact details of the Job Applicants who have opted for the publicity of the resumes and will be able to contact the respective Job Applicants directly. The number of Job Applicants whose contact details will be unlocked by the Company will depend on the pricing package chosen by the Employers.

Private resumes

If the Job Applicants choose the version for their resumes to become confidential, by unchecking the "Public Resume" box, the Job Applicants can apply for the jobs available on the Jobby Platform, but their resumes (including the contact details of the Job Applicants) can only be viewed by Employers to whom the Job Applicant have applied / will apply. However, if the Employers to which the Job Applicants applied have opted for the "Free Recruitment Ads", unlocking the Job Applicants (including their contact details) who applied to the respective recruitment announcement will depend by the price package chosen by the Employers.

If the Job Applicants set their resumes as private, after the setting has been initially as a "public resume", the Employers will no longer have access to the data of that Job Applicants. However, as part of the Services provided on the Jobby Platform, Employers who had access to the public resumes had the possibility to download or transmit the information available on the Jobby Platform on their own storage media as well. In this case, the Employers will continue to be able to access the data of the Job Applicants downloaded, copied or extracted from the database available on the Jobby Platform. In their capacity as controllers, the Employers are independently responsible for how they use the Job Applicants’ personal data accessed through the Jobby Platform.

Job Applicants should understand that some companies that have chosen to publish their recruitment announcements through the Jobby Platform may present a misleading, incomplete, incorrect or aggressively oriented reality to other social categories. The Company, by means of these rules, imposes fairness on the side of the Users, but it is possible that not all the Employers understand to comply with these rules. Thus, Job Applicants must discern before using the information contained in the recruitment announcements before going to an interview, committing or making an investment or any other action which involves the use of own or third party funds or resources. Please contact us if you are aware of such announcements.

2.3. Services addressed to Employers

Employers may view the public resumes on the Jobby Platform, without having access to the contact details of the Job Applicants, without having to create an Account for this purpose. For Services such as publication of recruiting ads and viewing contact details of Job Applicants, Employers must first set up an Account, by completing the form available on the Website.

To create an Account, the following information will be requested from the Employers: name, email address, fiscal identification code, password and password confirmation. After the creation of the Account, Employers may add other information to the "Company Profile" section, such as the telephone number, registration number at the Trade Register, contact name and surname, etc. This data may be erased at any time by Employers.

Publication of recruitment ads

For posting recruitment ads, the Employers can choose between two payment options:

Free recruitment ads

If the Employers choose this option, the publication of the recruitment ads will be free of charge, and the following Services will be charged:

  • Unlocking the Job Applicants who applied to said recruitment ads, including regarding their contact details ("Unlocking Users ")

  • Unlocking the contact details of Job Applicants who have set their resume as public resume ("Unlocking Contact Details")

The number of Job Applicants unlocked within the Unlocking Users Service and the number of Job Applicants whose details are unlocked within the Unlocking Contact Details Service will depend on the pricing package chosen by the Employers. For the avoidance of any doubt, for each of the Services described above, there will be a price package and the price of these Services will depend on the number of Job Applicants requested to be unlocked / whose data will be requested to be unlocked by the Employers.

Recruitment ads for a fee

Depending on the pricing package chosen by the Employers, the recruitment ads will be visible on the Jobby Platform for a number of 7 calendar days or 30 calendar days, with the possibility of extension by 7 or 30 calendar days respectively.

If the Employers have chosen this payment option, the Unlocking Users Service and the Unlocking Contact Details Service are available free of charge, as long as the recruitment announcement is visible on the Jobby Platform (7 calendar days or 30 calendar days, depending on of the price package selected).

Employers can choose up to 3 locations for a recruitment ad.

The Company reserves the right to refuse to publish or otherwise censure the recruitment ads in any way that are contrary to the law or good morals, or which contain a licentious language. For example, the Company will not accept ads for video-chat operators, erotic massage or other similar ads.

In this respect, the Employers accept and agree that they will follow the rule of good faith when designing and publishing the recruitment ad. Thus, the Employers undertake not to publish incomplete, incorrect or discriminatory advertisements and subsequently not to condition the selection of Job Applicants other than the rules presented in the recruitment notice.

In the event the Employers will not comply with these rules, the Company is entitled to restrict the access to its Services.

Search of the resumes posted on Jobby Platform

Employers can search through all public resumes posted on the Jobby Platform. They can view an unlimited number of resumes without having access to the contact details of the Job Applicants. In terms of viewing the contact details of the Job Applicants, the Employers can view the contact details from the public resumes or can have access to the contact details of the Job Applicants who applied to the recruitment ad, depending on the payment method and the package prices chosen by the Employers, as mentioned above.

In all cases, the Employers will not use the data contained in the Job Applicants’ resumes except for the sole purpose of the recruiting staff for the company that published the recruitment ad.

Employers should understand that some candidates that have chosen to enter their resumes in the database of Jobby Platform might present a misleading, incomplete, incorrect or aggressively oriented reality to other social categories. The Company, by means of these rules, imposes fairness on the side of the Users, but it is possible that not all the Job Applicants understand to comply with these rules. Thus, the Employers must discern before using the information contained in the resumes before making a hire, an investment or any other action which involves the use of its own or a third party funds or resources. Please contact us if you are aware of such resumes.

AT THIS TIME, ALL SERVICES ON THE JOBBY PLATFORM ARE AVAILABLE FOR FREE. AT THE TIME THE COMPANY DECIDES THAT PUBLICATION OF THE RECRUITMENT ADS SHOULD DEPEND ON ONE OF THE PAYMENT METHODS MENTIONED ABOVE, THERE WILL BE CONSIDERED THAT THE EMPLOYERS HAVE CHOSEN THE PAYMENT METHOD "FREE RECRUITMENT ADS”, WITH ALL THE CONSEQUENCES DERIVING FROM THIS METHOD OF PAYMENT, AS MENTIONED ABOVE. The Employers may choose any time the payment method "Recruitment ads for a fee", by paying the cost of the price package chosen by the Employers.

The decision to condition the publication of the recruitment ads by one of the payment methods described above belongs entirely to the Company, this document will be modified accordingly and the Employers will be informed about this change through the information available on the Jobby Platform.

3. User Responsibilities

By creating the Account, the Users confirm that: i) they have provided true, accurate and complete data as required by the registration form for creating the Account and ii) they will update, when necessary, the registration data to be true, accurate and complete.

However, the Users undertake not to take one or more of the following actions:

  • publication on the Jobby Platform of a copyrighted material, if they are not the author or if they do not have the author's permission to publish the said material

  • publishing on the Jobby Platform of obscene, defamatory, threatening or malicious material towards another User, natural or legal entity

  • publication on the Jobby Platform of explicitly sexual images or affirmations

  • publication on the Jobby Platform of materials containing viruses, or other programs intended to destroy any system or information

  • uploading, posting, disseminating or otherwise transmitting any content for which they have no legal right to transmit or disseminate it under any conditions

  • uploading, disseminating or otherwise transmitting any type of advertising, promotional material, "junk mail", "spam", chain letters, pyramid schemes, or any other form of solicitation

  • creation or possession of multiple addresses within the Jobby Platform that are similar or are created on the same topic

  • promoting or providing information on how illegal activities are carried out, promoting acts of physical or verbal injury against any group or person or promoting any act of cruelty to animals

  • posting, disseminating or otherwise transmitting personal data (name, address, telephone numbers) or their recording in the sections that can be viewed by other Users

  • any other actions / facts that could harm the Company / its employees, collaborators or business partners

The User is solely responsible for all the activities that arise from the use of the Jobby Platform/its content. The User is liable for violation of this document and the use of the Jobby Platform by violating the present document, for violation of the rights of the Company and for any harms caused to the Jobby Platform, its content, the Company or any of its collaborator or contractual partner, irrespective of the nature of the damages so produced, being held to cover any and all related damage. If the Company discovers irregularities and / or violations of any kind of the provisions of this document which lead to the prejudice or disturbance in any way of the Company's activity (such as supply of information that is not in accordance with the reality, inaccurate or incomplete, the publication pornographic / erotic content, identity theft / fake profile, spam and inappropriate language, etc.), the Company reserves the right, at its free choice, to cancel, limit, restrict, suspend or block the access of the User on the Jobby Platform. In this case, the User may contact the Company at the contact details indicated on the Jobby Platform in order to receive the required justifications in relation to the measures taken for the purposes of this article and the date from which these were or will be applied.

4. Limitation of liability

The Company does not guarantee the credibility and accuracy of the information published by the Users or does not guarantee any opinion of the Users. The Company acts as a passive factor in the online distribution and publication of information provided by the Users. If the verification of certain information published on the Jobby Platform will be requested by a User, the Company will investigate and verify the statements and will decide, as it consider appropriate, whether the information should be removed from the Jobby Platform or any other measure needs to be taken.

The Users acknowledge and agree that they are solely responsible for the form, content or accuracy of the information posted on the Jobby Platform and for verifying the accuracy of this information by their own means. The Company does not check the announcements / resumes in terms of correctness or completeness and does not guarantee for their correctness or completeness / opinions expressed by the Users.

The Company is not involved in the relationship between the Job Applicants and the Employers, neither as an intermediary, nor as a contractual party or representative of a contracting party. The individual employment contracts concluded as a result of the recruitment ads published on the Jobby Platform by of Employers / resumes uploaded by the Job Applicants will be concluded and executed without the participation or responsibility of the Company. The parties of the individual employment contracts concluded in this way shall comply with the legal provisions applicable to these employment relationships, without the Company being liable or having an obligation in this respect.

Given that the identification of Users on the internet is difficult, the Company does not confirm that each User is what he claims to be. Also, since the Company cannot control the behaviour of the Users on the Jobby Platform, in the event of a dispute with one or more Users, the Company (through its administrators and employees) is absolved of any liability or payment of any direct or indirect compensation, of any kind, known or unknown, alleged or not, revealed or not, which arises in relation to the disputes.

Users are aware and agree that the Company will not be liable for any direct, indirect, accidental, special damages, including, but not limited to non-profit, the impossibility of using the information from the Jobby Platform or other damages (even if the Company was previously informed of the possibility of such losses occurring), resulting from: i) the use or impossibility of using the Services provided by the Jobby Platform; ii) unauthorized access to their data; iii) statements or actions of any third party on the Services offered on the Jobby Platform iv) any other issue related to the Services offered by Jobby Platform.

At the same time, Users understand and agree with the following statements:

  • a) The use of the Services offered on the Jobby Platform is at their own risk

  • b) The Services are provided based on the "as is" or "as available" principle

  • c) The Company does not guarantee that:

    • The Services will meet all the requirements of the Users

    • The Services will be uninterrupted, on time, secure or error free

    • The results obtained from the use of the Jobby Platform and the Services provided will be correct or reliable

    • any program errors will be corrected

  • d) Any material downloaded or otherwise obtained through the use of the Services made available by the Company through the Jobby Platform is at the discretion of the Users, can be used at its own risk only and the Users will be solely responsible for any damages caused to the equipment / terminal used to access Jobby Platform or other data loss that may result from downloading this type of content.

Within the limit of the provisions of this document - Terms and Conditions, the Company will not be held liable for any errors occurring on the Jobby Platform, regardless of the cause, including but not limited to modifications, settings, etc. and that are not made by the Jobby Platform administrator. The Company is not liable for damages caused as a result of full or partial failure of the Jobby Platform or for those resulting from the impossibility of accessing certain links published on the platform. The Company declines any liability for the content and / or quality of other websites that may be accessed through various links to Jobby Platform. The entire liability for such pertains to the holders of such websites.

5. Account protection

The Users’ access to the Account is protected by a username and password. The Company recommends the Users not to disclose their username and password to anyone and log off / sign out the Account at the end of each session.

Users are responsible for the privacy of the information and the username / password related to the Account. Users will be solely responsible for the use of the record, regardless of whether the use was made with or without their consent. The Company will not be liable for any moral or material damage caused by the non-observance by the Users of the security measures of the data used to access the Jobby Platform.

6. Copyrights

The Content of Jobby Platform, including but not limited to texts, logos, trading symbols, static or dynamic images, multimedia content, programs, scripts, and any other data presented on the Website is the sole property of the Company and is protected in accordance with the provisions of Law no. 8 / 1996 on copyrights and related rights.

Copying, distributing, publishing, transferring to third parties, change or alteration, use, linking to, displaying, including any content in any context other than that originally intended by the Company, the inclusion of any content outside Jobby Platform, the removal of the signs that signify the copyright of the Company over the content, and participation in the transfer, sale, distribution of materials made by reproducing, amendment or displaying the content of Jobby Platform, without the express written consent of the Company, is breach of the Company copyrights and entitle the Company to oblige the breaching persons to pay damages and cover the entire damage caused to the Company.

In terms of materials uploaded by Users on the Jobby Platform (any type of information provided by the Users through the Jobby Platform, such as, but not limited to contact data, studies, experience, working conditions, payroll, description of vacancies, including comments, suggestions, feed-backs of Users, etc.), the Company will not claim ownership rights over them. However, by publishing these materials on the Jobby Platform, the Users agree to transmit to the Company the permission to use the materials, respectively the right to copy, distribute, transmit, publish, reproduce, modify and translate, mentioning the Users' names in relation to the material transmitted / uploaded to the Jobby Platform. The Users will not claim and the Company will not grant any compensation for the use of the material as shown above.

7. Final Provisions

This Document, its contents, the Jobby Platform, the Services and any conflict arisen between the User and the Company will be interpreted in accordance with the Romanian legislation. Any and all disputes will be first settled amicably, by mutual agreement. If this is not possible, the dispute will be settled by the competent court from the Company’s registered office.

If any of the above provisions is declared null or void by a court, the arbitral tribunal or any other competent authority, the null or inapplicable provision will be removed from the document, the remaining provisions remaining in force.

The Company reserves the right to unilaterally amend the Jobby Platform / the structure of the Website at any time deemed fit, without prior notice and / or prior consent of the User, and to enter advertising banners of any kind and/or links to any page of the Jobby Platform, in accordance with the applicable legislation.