Terms and Conditions of Use

Last Updated Date: December 2020

CatchJobs application and website developed by CJS Bilişim Kariyer Danismanlik Anonim Sirketi (herein after referred as “CatchJobs” or “We”) is a technological and video-based recruitment platform (herein after referred as “Platform”) based at Evliya Celebi Mah. Sadi Konuralp Cad. Nejat Eczacibasi Kapi No: 5 Daire: 2 Beyoglu Istanbul Turkey that brings together job seekers (“Users”) and employers (“Employers”) of the hospitality sector, both locally and globally.

By accessing or using CatchJobs website at www.catch.jobs (“Website”), its services and its mobile application (“App”) made available by CatchJobs (hereinafter collectively referred to as the “Services”), you agree and affirm that you have read and accepted these Terms and Conditions of Use. If you do not accept these Terms and Conditions of Use, please do not use or stop using this Services. These Terms and Conditions of Use also constitute the user agreement executed between you and CatchJobs.

1. CREATING AND USING YOUR USER ACCOUNT

1.1. The use of the App is free of charge for job seekers.

1.2. Once you download the App, you may start using it after agreeing to these Terms and Conditions of Use. You will be asked to fill out the required areas for the registration to create your CatchJobs User account. For legal reasons, you must at least be 16 years old to use the App.

1.3. You agree that all the information that you provided to us is true, accurate and up-to-date at all times. You may update your details, CV and all your content at any time from the My Account/Profilim tab on your App or Website.

1.4. Once your account is created, you may surf freely in the App and see the Employers’ profiles.

1.5. To apply for a specific position that you are interested in, you will be asked to create a 45-seconds video (“Video-CV”) in addition to your conventional CV that you will create on the spot by filling out the form that we will provide. You may introduce yourself, talk about your plans, show your skills. By uploading a Video-CV, you agree that CatchJobs and the recipient Employers will be able to see your Video-CV. There are two ways to create and use Video-CV’s: (i) at the My Account/Profilim tab, you create a Video-CV and have it standing on your profile and (ii) when screening a job posting, you can either use the Video-CV existing on your profile or take a new one on the job post page.

1.6. You may block certain Employers from seeing your profile by marking your current Employer or any other Employers in My Account/Profilim tab and they will not know that you are on CatchJobs Platform. You may also make your profile “Passive”.

1.7. You agree that CatchJobs does not and will not under any circumstances guarantee any interviews with or recruitment by the Employers using the Service. Similarly, We do not provide any guarantee to the Employers with regard to the job seeker’s qualifications.

1.8. You agree that once you submit your Video-CV and your CV to apply for position, these data will also be in the possession of that Employer as a data controller. How the employer will process your personal data is not under the control of CatchJobs.

1.9. You agree that you have duly obtained the consent of other individuals (e.g. your reference contacts) that you share their personal data with Us and the Employers.

1.10. We may also de-activate your account if inactive for one year. You may easily re-activate your account via the App. We will delete your Video-CV on your profile if it is not used for a job application for six months.

2. COMMON CONDITIONS OF USE

2.1. You agree that you are solely responsible for the content of all the information you submit. By submitting any User submission, you represent and warrant that your submission will not and may not be reasonably considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy.

2.2. You agree that We have the right to monitor and remove, at our sole discretion or upon judicial authorities’ request, any content of the abovementioned nature.

2.3. You agree that you will not harvest or otherwise collect information about others and that your submissions do not contain or constitute any unsolicited or unauthorized advertising materials, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation and any viruses, worms, spyware, adware or other potentially damaging programs or files. You must not send unsolicited emails or other commercial communications to the Users and Employers on CatchJobs.

2.4. You agree that you will not download and/or distribute any content that belongs to other persons.

2.5. Creating accounts through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper is prohibited.

2.6. Violation of these Terms and Conditions of Use may result in termination of your account in CatchJobs’ sole discretion. We can stop providing our Services to you, entirely or partially, if you violate the letter of spirit of these Terms and Conditions of Use, or otherwise create risk or possible legal exposure for CatchJobs or others. You agree that you may lose your account and any content you submitted if we terminate your account.

2.7. You may de-activate or completely delete your account at any time using the tab “Delete my account” and discontinue using the Services.

3. PROTECTION OF PERSONAL DATA – PRIVACY POLICY AND COOKIE NOTICE

3.1. At CatchJobs, We strive for full compliance with all applicable data protection laws and for full performance of our Services to facilitate your job seeking.

3.2. This privacy and cookie notice provides information on the processing of personal data of the Users of the Services of Catchjobs. This privacy and cookie notice may be changed over time. Users of the website are advised to regularly review the privacy and cookie notice for possible changes. You can review the most current version of the privacy and cookie policy below. This privacy policy and cookie notice was last changed in December 2020.

3.3. CatchJobs is the controller for the processing of your personal data on CatchJobs Services.

3.4. What is “Personal Data”?

In a nutshell, every type of information related to an identified or identifiable natural person constitutes personal data. Data relating to race, ethnic origin, political belief, philosophical belief, religion, sect or other beliefs, appearance, membership of association or union, health, sexual life, criminal records and data regarding security measures and biometric and genetic data constitute special categories of personal data. “Processing personal data” signifies all type of transaction performed on the data such as; obtaining, recording, storing, preserving, altering, re-arranging, disclosing, transferring, taking over, making accessible, organizing and preventing access.

3.5. How do We collect your personal data?

We obtain your personal data directly from you through automated means when (i) you subscribe to our newsletter, (ii) you download the App, (iii) you create an account, (iv) you submit content, (v) use the App and (vi) through cookies when visit our website. In order for you to use our App in a quick and efficient manner, we store cookies on your device. A cookie is a small file or part of a file stored on a world wide web user’s computer or mobile phone, created and subsequently read by a website/application server, and containing personal data. Cookies can collect data on the use of the website such as which pages are visited and the duration of a user session. When you use the website, the cookie is read by the website to get the required information which was previously stored.

CatchJobs does not retain a cookie longer than necessary. We use session cookies and permanent cookies.

CatchJobs stores cookies that are essential in providing the functionalities of the Services. If you do not wish to receive any cookies at all, you may set your browser to refuse cookies altogether. Please note that in that case you may no longer be able to use all the functionalities of the Services.

Only if you have given prior consent, CatchJobs places cookies that are not strictly necessary for providing the functionalities of the Services. Through such non-strictly necessary cookies we collect information about your use of the Services and remember your preferences. Examples of collected information are which pages you have visited and the length of a user session. Through these cookies we aim to improve your user experience of our Services. If you do not consent to cookies being placed, these cookies will be blocked.

3.6. The types of personal data We collect

We do not collect or process your sensitive personal data, unless it is embedded in your CV (such memberships of association and unions or information regarding your health) and submitted by you with your explicit consent.

3.7. How do We use your personal data?

The use of your personal data is directly related to the execution and performance of the user agreement. We cannot provide you our Services without processing certain personal data. We may use your personal data for the following purposes:

3.8. Legal grounds for processing

We collect and process your personal data on the grounds of (i) execution and performance of the user agreement and (ii) our legitimate interests in enhancing the effectiveness of and promoting our Services.

If you choose to give us your explicit consent, we may use your Video-CV in our social platforms and advertising tools based on this explicit consent.

3.9. How do We share your personal data?

Your basic profile will be accessible to the Employers on the App unless you change your privacy settings to “Passive Account” or block certain Employers as explained above. You may select the types of personal data to be made publicly available. Other Users will not see your Video-CV unless you choose to share your Video-CV with them via CatchConnect. Due to the nature and purpose of the App, your Video-CV will be shared with the Employer which you applied for a position.

3.10. Who has access to your data?

CatchJobs treats your data with care and confidentiality and does not share your data with third parties other than as explicitly addressed in this Agreement.

Hosting provider Amazon Web Services (AWS) based at Buyukdere Cad. No: 185 Kanyon Ofis Binasi Kat: 6 34394 Sisli Istanbul Turkey processes personal data on behalf of CatchJobs. CatchJobs has taken the required organizational and contractual measures to ensure that your personal data is exclusively processed for the purposes mentioned above.

We share your email address with our mailing services provider Amazon Simple Email Service based at the same address as AWS and Mailgun based at 112 E Pecan St #1135 San Antonio TX 78205 United States and your phone number with our SMS service providers Ileti Merkezi based at Serenity Plus Office Fatih Caddesi No: 61-63 B Blok Kat: 4 D: 42 34303 Kucukcekmece Istanbul Turkey and Twilio based in Fifth Floor 7 Soho Square W1D 3QB United Kingdom for the purpose of sending newsletters and SMS messages to your phone.

We do not sell, market, transfer or disclose your personal data to any third parties without your prior explicit consent or unless we are legally required or obliged to.

We may transfer your personal data to our lawyers, advisors and consultants for the purpose of enforcing or protecting our rights.

Only if CatchJobs is required to do so by law, your personal data will be provided to supervisory agencies, fiscal authorities and investigative agencies.

As the Services offered through our Website and App, personal data provided may be transferred to countries outside of the European Economic Area ("EEA") to a country or territory whose laws may not provide adequate levels of protection of personal data. If CatchJobs transfers information outside of the EEA in this way, CatchJobs will take the appropriate steps to ensure that the privacy rights of Users continue to be protected. In addition, if Users use the services while they are outside the EEA, their personal data may be transferred outside the EEA in order to provide them with those Services.

3.11. How do We protect your personal data?

You are responsible for creating a strong password, keeping your password secure and regularly updating it.

We store your data safely in our secure servers located in Frankfurt and Dublin. We use the services of our contracted Cloud service provider Cloudflare based at Riverside Building 6th Floor County Hall the Belvedere Rd, London SE1 7PB United Kingdom for storing the static files (videos and photos). By using our Services and agreeing to these Terms and Conditions of Use, you agree to give your explicit consent for your data to be stored in servers located in Dublin and Frankfurt. We take every technical and administrative precaution to ensure that your data is safe and secure, and protected against unlawful access of and processing by others, including but not limited to encryption, secure connection and contractual safeguards. However, we cannot guarantee that the data is 100% secure due to the use of the internet in their transfer. We will notify you of any violation of security or data theft as soon as possible.

3.12. How long do We keep your personal data?

Except for the shorter retention periods mentioned in this Agreement, We keep and process your personal data for as long as you continue using the Services.

Upon termination of your account by CatchJobs due to violation of these Terms and Conditions of Use, we will anonymize your personal data to keep it as statistical, non-personal data to assess and enhance our Services.

When you de-activate your account or delete your account, we will keep your personal data for a period of 6 months in case you decide to re-activate your account. Your personal data will be anonymized as soon as possible, not later than the first periodical destruction day following the expiry of this six-month period.

3.13. Your rights

You have the following rights with regard to your personal data:

You may at all times and without any cost access the data you have provided to CatchJobs, and, if you wish to exercise your rights listed above and the right to data portability you can give notice thereof in writing to CatchJobs:

Email: [email protected]

Finally, you have the right to lodge a complaint with a supervisory authority, such as the Personal Data Protection Authority (Turkey) or Autoriteit Persoonsgegevens (the Netherlands).

We will review your request and revert to you as soon as possible, in any case not later than 30 days.

4. THIRD PARTY SITES

The Services may contain links to other websites (“Linked Sites”). We may provide these links to you only as a convenience, and the inclusion of any link does not imply our endorsement. The Linked Sites are not under the control of CatchJobs. CatchJobs is not responsible for the contents of any Linked Sites, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CatchJobs is not responsible for webcasting or any other form of transmission received from any Linked Site.

5. INTELLECTUAL PROPERTY

The Services with all its elements, its original content, features and functionality are and will remain the exclusive property of CatchJobs. These include but are not limited to the design, algorithms, images and texts. The Service is protected by copyright, trademark, and other laws of Turkey and of all relevant jurisdictions and cannot be reproduced, distributed or used to create derivatives of the Services by others. Our trademarks may not be used in connection with any product or service without our prior written consent.

6. AMENDMENTS

CatchJobs reserves the right to unilaterally amend these Terms and Conditions of Use any time. You will be notified of any changes in these Terms and Conditions of Use: the amended provisions of these Terms and Conditions of Use will be in effect upon your on-line approval, while the remaining non- amended terms will continue to remain in force.

7. APPLICABLE LAW AND JURISDICTION

These Terms and Conditions of Use shall be governed by the laws of the Republic of Turkey and any dispute arising out of or in connection with these Terms and Conditions of Use shall be settled by Istanbul Central courts.

8. TERMINATION

These Terms and Conditions of Use shall be valid and will continue to be in effect until the user account is deleted by the either party in accordance with these Terms and Conditions of Use.

CatchJobs has a right to terminate the agreement unilaterally in case the user breaches the provisions hereof.

9. VALIDITY OF OUR RECORDS

Users agree that the electronic records kept in the databases, servers and records of CatchJobs under any form will constitute a valid, binding, accurate and exclusive evidence.