USER ACCESS AGREEMENT
The following terms and conditions govern this User Access Agreement.
ARTICLE 1. INTRODUCTION
This User Access Agreement (“Agreement”) describes the terms and conditions governing the Authorized User’s remote access to the TALENT EMBASSY website: https://talentembassy.se, i.e. the top-level site and all its belonging subsites.
TALENT EMBASSY is developed, owned and provided by ESPA Consulting Group AB, with registration number 556911-4795, Gasverksgatan 3, 211 29 Malmö, Sweden (the “Platform Provider”).
ARTICLE 2. DEFINITIONS
For avoidance of doubt the following capitalized terms shall have the following meanings;
“Authorized User” shall mean any user of TALENT EMBASSY, i.e. Service Provider’s employees or freelancers registered to use and accessing TALENT EMBASSY.
“Clients” shall mean any entities posting different job assignments at TALENT EMBASSY.
“Data Controller” shall mean the natural or legal person which, alone determines the purposes and means of the processing of personal data.
“Platform Provider” shall mean the organization providing TALENT EMBASSY to the Authorized User according to the Agreement.
“Service Providers” shall mean the providers of services, e.g. staffing companies.
“Service Provider’s Personnel” shall mean an authorized representative of the Service Provider using and accessing TALENT EMBASSY and acting on behalf of the Service Provider and possible Authorized User connected to the Service Provider.
“Third Party Applications” shall mean equipment and software which are fundamental for the use of TALENT EMBASSY, such as computers and internet connection.
“User Data” shall mean any information added or uploaded by an Authorized User themselves or by Service Provider Personnel.
“TALENT EMBASSY” shall mean a technology platform which enables Authorized User to upload User Data and manage job requests posted by Clients.
ARTICLE 3. REGISTRATION, ACCESS AND USE
The Platform Provider shall provide TALENT EMBASSY to Authorized User in accordance with this Agreement.
When registering at TALENT EMBASSY, the Platform Provider provides User with a user account. User shall be properly registered and authorized by virtue of password controlled and administrated by the User (“Authorized User”).
TALENT EMBASSY grants Authorized User access to TALENT EMBASSY areas and accounts designed for the Authorized User. TALENT EMBASSY includes functions for uploading, posting, linking, communicating, marketing and making information (“User Data”) available for Clients and other Service Providers Authorized User are solely responsible for the sharing and visibility settings in TALENT EMBASSY.
3.1 Service Provider’s Personnel’s use of TALENT EMBASSY on behalf of another person
By uploading User Data to TALENT EMBASSY, Service Provider warrants that the Service Provider’s Personnel has legal permission to upload such User Data on behalf of such employees or a Sub-contractor and that such User Data, or use of such User Data, in no way violates any national or international laws or regulations. The Service Provider’s Personnel may create an unique profile for the Service Provider’s entity which contains information about the Service Provider and Authorized User linked to it. The Service Provider’s Personnel may also act on behalf of other Service Provider’s employees and Sub-contractors and upload such employees’ and Sub-contractors’ User Data.
The Service Provider’s Personnel may provide Service Provider’s employees and Sub-contractors access to TALENT EMBASSY. The Service Provider is responsible for any delegation of access rights to TALENT EMBASSY and all settings related to it. The Service Provider has an obligation to continuously revise and update access rights that has been granted to Authorized User by the Service Provider’s Personnel. The Service Provider is also responsible to ensure that the Platform Provider has correct contact details to such Authorized User.
ARTICLE 4. AUTHORIZED USER’S OBLIGATIONS
Authorized User is responsible for the accuracy of all User Data provided to TALENT EMBASSY. Authorized User warrants that all information provided to TALENT EMBASSY is up-to-date, correct, and lawful. By submitting an application in TALENT EMBASSY, the Authorized User assures that the application including CV concerns the Authorized User as an individual and that all information stated therein is truthful and up-to-date.
In a situation where Service Provider’s Personnel submits an application on behalf of an employee provided by the Service Provider or a Sub-contractor, the Service Provider’s Personnel assures that the application including CV, concerns the Service Provider’s employee or an individual working for a Sub-contractor and that all information stated in the application and any CV is truthful and up-to-date.
4.1 Unlawful use
Authorized User agrees to, not defame, abuse, harass, threaten or otherwise violate the legal rights of other users, including the Platform Provider; not publish, post or in any other way express any topic, material or information that is inappropriate, defamatory, infringing, obscene, pornographic, racist, terrorist, politically slanted, indecent or unlawful; not contribute to destructive activities such as dissemination of viruses, spam or any other activity that might harm the Platform Provider or other user in any way; and not use programming codes or commands when communicating in TALENT EMBASSY.
The Platform Provider reserves the right to terminate this Agreement or restrict or deny use of TALENT EMBASSY if the Platform Provider determines that
(i) Authorized User is or may be engaged in any improper use of TALENT EMBASSY, or
(ii) Authorized User is in violation of this Agreement or any national or international laws or regulations.
Authorized User agrees to defend, indemnify and hold Platform Provider harmless against any claims, actions, proceedings, losses, damages, expenses and costs (including any legal fees) arising out of or in connection with any unauthorized use of TALENT EMBASSY.
ARTICLE 5. CHARGES
TALENT EMBASSY is provided free of charge to the Authorized User. The Platform Provider may offer the Authorized User optional additional features or services within TALENT EMBASSY which may be subject to a fee.
ARTICLE 6. SUSPENSION
The Platform Provider may suspend or limit the Authorized User’s access to TALENT EMBASSY if the Platform Provider has reason to suspect that the Authorized User’s or the Authorized User’s use of TALENT EMBASSY implies a risk of more than minor damage to the Platform Provider, such as if the Platform Provider has reason to suspect that the Authorized User uses TALENT EMBASSY for other purposes than agreed, or if unauthorized persons have gained access to TALENT EMBASSY.
The Platform Provider may only suspend or limit the Authorized User’s access to TALENT EMBASSY to the extent reasonable in relation to the circumstances at hand. The Authorized User shall without undue delay be informed about any limitation or suspension of the access to TALENT EMBASSY.
ARTICLE 7. PLATFORM PROVIDER’S CHANGES, UPDATES AND MODIFICATIONS TO TALENT EMBASSY
The Platform Provider may carry out measures that affect the availability of TALENT EMBASSY if required for technical, maintenance, operational or safety reasons. The Platform Provider shall perform such measures promptly and in a manner that limits the disruption. The
Platform Provider undertakes to notify the Authorized User within a reasonable time before such measures are carried out, to the furthest extent possible.
The Platform Provider may, without prior notification to the Authorized User, make changes to TALENT EMBASSY or the method of providing it, if such changes
(i) can reasonably be assumed to benefit the Authorized User,
(ii) be of minor consequence to the Authorized User or
(iii) is required due to changes of platforms of Third Party Applications, which affect TALENT EMBASSY.
ARTICLE 8. CHANGES
The Platform Provider reserves the right to modify this Agreement at any time by updating this Agreement. The Authorized User will be notified of any changes made to the Agreement and the changes requires the Authorized User’s acceptance in order for the Authorized User to continue use of TALENT EMBASSY.
ARTICLE 9. WARRANTIES AND LIABILITIES FOR DEFECTS
TALENT EMBASSY is provided, to the extent allowed under law, “as is” and “as available” without liability for defects or any representations or warranties of any kind, whether express, statutory, implied or otherwise.
The Platform Provider does not warrant or represent that TALENT EMBASSY, including integrated third party tools, will be error-free, uninterrupted or meet Authorized User specific requirements.
The Platform Provider is not responsible for neither technical, hardware or software malfunctions, nor lost or unavailable network connections, downtime or disconnections from TALENT EMBASSY.
The Platform Provider makes no representation or warranty as to the accuracy, timeliness, quality, completeness, suitability or reliability of any information or data accessed on or through TALENT EMBASSY. The Platform Provider does not examine or take any responsibility regarding the validity of information provided by different users.
The Platform Provider is not responsible for any damage, loss or injury resulting from hacking, tampering, or other unauthorized access or use of TALENT EMBASSY.
The Platform Provider shall maintain the availability of TALENT EMBASSY using commercially reasonable efforts, however not making any specific undertakings regarding the availability or performance of TALENT EMBASSY outside of what is stated in the Agreement.
Authorized User may use TALENT EMBASSY to find contract jobs at Clients. Authorized User explicitly accepts that the Platform Provider has no responsibility or liability related to any job services provided by an Authorized User to a Client.
Neither Party shall be liable for indirect damage or loss, such as, but not limited to the liability to third parties, loss of profit, loss of data, loss due to the fact that TALENT EMBASSY cannot be properly utilized, loss as a result of a decrease or loss of turnover or production, or similar loss.
ARTICLE 10. INTELLECTUAL PROPERTY RIGHTS
The Platform Provider will be and remain the sole owner of all intellectual property rights (such as but not limited to copyright, know how, trademarks, trade names, source code, documentation and graphic material) and other rights, that the Platform Provider develops in connection with the TALENT EMBASSY. Authorized User shall not copy, transmit, distribute, transfer or reproduce any software of TALENT EMBASSY.
ARTICLE 11. PERSONAL DATA
The Platform Provider and the Service Providers are each Data Controllers for each party’s separate processing of personal data connected to an Authorized User. In order to improve TALENT EMBASSY, the Platform Provider may collect, aggregate, analyze and save Authorized
User Data generated when the Authorized User use TALENT EMBASSY. The Platform Provider shall be entitled to use, disclose, exploit and save such aggregated data in ways that do not identify the Authorized User (“Anonymized Data”). Such Anonymized Data may be combined with similar data from other users. The Platform Provider shall be entitled to use, disclose, exploit and save such aggregated data in ways that do not identify the Authorized User.
ARTICLE 12. TERMINATION BY AUTHORIZED USER
An Authorized User may request to close the user account at any time. Notwithstanding the foregoing, any obligations due to ongoing contracts or applications must be fulfilled before the user account may be closed. By closing a user account this Agreement will be terminated.
Upon termination of the Agreement, the Authorized User’s right to use TALENT EMBASSY ceases. Termination of the Agreement shall be without prejudice to any rights, claims, damages, compensation, or remedies accrued to either party prior to the effective date of the termination.
ARTICLE 13. GOVERNING LAW AND DISPUTE RESOLUTION
The Agreement shall be construed in accordance with, and governed by, the laws of Sweden as applied between Swedish legal entities.
Any dispute, controversy or claim arising out of or in connection with this consulting agreement or the breach, termination, or invalidity thereof, shall be finally settled by the General courts of Sweden. The language to be used in the event of a dispute shall be Swedish or English. This consulting agreement shall be governed by the substantive law of Sweden.
ARTICLE 14. CONTACT INFORMATION
Any questions, complaints or claims regarding this Agreement, please contact firstname.lastname@example.org.
PROCESSING OF PERSONAL DATA
On this day, 23/12/2022, the following policy has been drawn up for ESPA Consulting Group AB (under the name Talent Embassy), hereinafter: TALENT EMBASSY.
We take care of your privacy. You should be able to feel secure when entrusting your personal data to us. For this reason, we have drawn up this policy. It is based on current data protection legislation and clarifies how we work to safeguard your rights and privacy.
The purpose of this policy is to make you aware of how we process your personal data, what we use them for, who may view them and under what conditions, and how you can safeguard your rights.
The Policy applies to all TALENT EMBASSY services and any associated services (referred to as ‘TALENT EMBASSY’). The terms governing your use of TALENT EMBASSY are defined in our User Access Agreement.
From time to time, we may develop new or offer additional services. If the introduction of these new or additional services results in any material change to the way we collect or process your personal data we will provide you with more information or additional terms or policies. Unless stated otherwise when we introduce these new or additional services, they will be subject to this Policy.
ARTICLE 1. WHO WE ARE?
Our website address is: https://talentembassy.se, i.e. the top-level site and all it’s belonging subsites.
ARTICLE 2. WE ARE PERSONAL DATA CONTROLLERS
TALENT EMBASSY with company registration number 556911-4795 and address
Gasverksgatan 3, 211 19 Malmö, Sverige is responsible for the personal data processed about you. TALENT EMBASSY is therefore the data controller for your personal data.
ARTICLE 3. WHY DO WE PROCESS YOUR PERSONAL DATA?
We process your personal data to identify your competence as a candidate and match it with the assignments that TALENT EMBASSY receives from their clients.
ARTICLE 4. WHAT DATA DO WE COLLECT ABOUT YOU – AND WHY?
We strive to process as little personal data about you as possible. This means that we do not collect any more personal data than is necessary to be able to enter or fulfil contracts with you. To be able to enter and fulfil contracts with you, we need data about your first name, surname, e-mail address, address, and other contact details. We also collect CV and personal letter, work history, profile picture and other relevant information we might need when we handle you as a candidate. We do not have more access to your personal data than the data that you have provided to us.
If you have not given us your consent, we do not use your personal data for marketing purposes.
ARTICLE 5. HOW DO WE PROTECT YOUR PERSONAL DATA?
Your security is important to us. Therefore, we have taken appropriate technical, organisational, and administrative security measures to protect your personal data from unauthorised access and other unauthorised processing. We regularly analyse and evaluate the measures to ensure that protection of your data is as safe as possible.
ARTICLE 6. WHO DO WE DISCLOSE YOUR DATA TO?
We do not disclose your data to other companies or organisations unless required by law or necessary to perform our statutory or contractual obligations towards you.
We may disclose your personal data to any of our partners, suppliers, or subcontractors, but only if that is necessary for us to meet our obligations in relation to you as a customer. We never provide more personal data than is necessary.
When required by law, we may need to disclose your data to public authorities and other organisations. We may also need to disclose your data if it is necessary to exercise, establish or monitor our legal claims.
We never disclose your personal data to other companies or businesses for marketing purposes.
ARTICLE 7. ON WHAT LEGAL BASIS DO WE PROCESS YOUR PERSONAL DATA?
We only process the personal data that we need to enable us to identify your competence as a candidate and match it with the assignments that TALENT EMBASSY receives from their clients. To the extent that we process further data, we will obtain your consent or ensure that processing is authorised on a different legal basis.
ARTICLE 8. HOW LONG DO WE PROCESS YOUR PERSONAL DATA?
We retain data about you as a customer for the duration of the agreement with you and for a reasonable time thereafter. In most cases, this means that we do not retain your personal data for a period of more than one year from the end of the agreement, but under certain conditions we may keep your data for a longer period. This applies, for example, when
required by law or when the data may be needed to establish, exercise, and monitor legal claims.
ARTICLE 9. YOUR RIGHTS
When we process personal data about you, you as registered have a number of rights. You have the right to contact us at any time with respect to these, and if you wish to exercise any of the rights described below, you can reach us most easily at email@example.com.
We reserve the right to take appropriate protective and security measures to ensure that you are the person you claim to be when you contact us. If you cannot satisfactorily demonstrate your identity, we may not be able to respond to your request.
Access to personal data
You have the right to know what personal data we process about you. If you wish to know, you can get a compiled register extract from us that contains all the personal data we process about you.
Correction and deletion
If we process your personal data incorrectly or if we no longer need the data, you are entitled to have it deleted. If the data is incomplete, you have the right to have it supplemented. Please keep in mind that we may not be able to provide you with our services if you request to have your personal data deleted.
In certain circumstances you have the right to receive the data that we process about you in a general, written, machine-readable and structured format. You have the right to do so for the personal data that you have provided to us and which we process with your consent or when the personal data is required to enter in to or complete an agreement.
Restrictions to processing
Under certain conditions, you have the right to request that we restrict our processing of your data. This means that we mark the data so that in future we only process it for certain specific purposes. We may not be able to provide you with our services if we restrict the processing of your personal data.
Right to make objections
You have the right to object to the processing of personal data that is carried out to perform a task in the public interest, as part of an exercise by a public authority or after a balance of interests. We do not process your personal information for any of these purposes or on any of these grounds. Therefore, you cannot direct any objections towards our processing on this basis.
Right to lodge a complaint
You have the right to lodge a complaint with the Swedish Authority for Privacy Protection if you believe that we are processing your personal data in an inappropriate manner. You can read more about this on the Swedish Data Protection Authority’s website www.Integritetsskyddsmyndigheten.se.
ARTICLE 10. MEDIA
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
ARTICLE 11. COOKIES
If you leave a comment on our site, you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for one year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
ARTICLE 12. EMBEDDED CONTENT FROM OTHER WEBSITES
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
ARTICLE 13. WHO WE SHARE YOUR DATA WITH
If you request a password reset, your IP address will be included in the reset email.
ARTICLE 14. HOW LONG WE RETAIN YOUR DATA
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
ARTICLE 15. WHAT RIGHTS YOU HAVE OVER YOUR DATA
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
ARTICLE 16. WHERE WE SEND YOUR DATA
Visitor comments may be checked through an automated spam detection service.
ARTICLE 17. TRANSFER TO OTHER COUNTRIES
TALENT EMBASSY may share your personal data with ESPA Consulting Group companies in order to carry out the activities specified in this Policy. TALENT EMBASSY may also subcontract processing to, or share your personal data with, third parties located in countries other than your country. Your personal data, therefore, may be subject to privacy laws that are different from those in your country.
Processing and use of Personal Data shall only be carried out within the EU/EEA, and specifically storing of personal Data shall be limited thereto. Any exceptions to, or extensions regarding Third Countries will be defined separately.
ARTICLE 18. CHANGES TO THIS POLICY
We may occasionally make changes to this Policy.
When we make material changes to this Policy, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within TALENT EMBASSY or by sending you an email and/or a device notification. We may notify you in advance.
Please, therefore, make sure you read any such notice carefully.
ARTICLE 19. CONTACT