I. General Provisions
1. These Terms of Service set out the rules for the provision by TRAFFIT sp. z o.o. of an electronic service to Candidates, consisting in facilitating the tracking of job postings published on the Smartjobs Portal in which the Candidate is interested.
2. Before using the Service, the Candidate is required to read and accept these Terms of Service. Acceptance of the Terms of Service is a prerequisite for the provision of the Service.
3. The Terms of Service are made available free of charge on the website www.thesmartjobs.com in a format that allows them to be retrieved, reproduced, and stored (downloaded, saved, and printed).
4. A Candidate using the Service is obliged to comply with these Terms of Service.
6. TRAFFIT sp. z o.o. is not a provider of data transmission services or telecommunications services. All costs related to data transmission or telecommunications services required to use the Service are borne by the Candidate, on the basis of an agreement concluded by the Candidate with their Internet or telecommunications service provider.
II. Definitions
The terms used in these Terms of Service have the following meanings:
1. Data, Personal Data– means personal data within the meaning 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 (hereinafter “GDPR”), entrusted to TRAFFIT sp. z o.o. by the Candidate.
2. Candidate – means a natural person who, due to their interest in Postings published on the Smartjobs Portal, uses the functionalities of the Smartjobs Portal.
3. Smartjobs Posting – means information about a job vacancy or a cooperation proposal published on the Smartjobs Portal.
4. Advertiser – means the entity that has published a posting on the Smartjobs Portal.
5. Portal, Smartjobs Portal – means the website operated by TRAFFIT sp. z o.o. in the domain thesmartjobs.com, on which Smartjobs Postings are published.
6. Terms of Service – means these Terms of Service.
7. TRAFFIT System – means the web application owned by TRAFFIT sp. z o.o., available at the address indicated by the Client at the time of registration, located in a subdomain of traffit.com, used to streamline the recruitment process and manage client and Candidate databases.
8. Tracker – means a unique link received by the Candidate, allowing them to track the recruitment process covered by a Smartjobs Posting.
9. TRAFFIT sp. z o.o. – means TRAFFIT spółka z ograniczoną odpowiedzialnością with its registered office in Gdynia at ul. Kielecka 5, lok. 20, 81-303 Gdynia, entered in the Register of Entrepreneurs of the National Court Register maintained by the District Court Gdańsk-Północ in Gdańsk, 8th Commercial Division of the National Court Register under KRS number 0000500186, holding Tax Identification Number (NIP): 5862288562 and REGON: 222042972.
10. Service – means the electronic service encompassing functionalities that facilitate tracking of Smartjobs Postings.
III. The Service
1. TRAFFIT sp. z o.o. provides Candidates with a Service consisting in tracking the progress of recruitment for a position specified in a Smartjobs Posting to which they have applied, in particular by means of a Tracker sent to the Candidate, which they can use to follow the progress and current status of the recruitment process conducted by the Advertiser.
2. The Service also consists in sending the Candidate information about updates related to the Smartjobs Portal, including new functionalities introduced on the Portal.
3. The Service may also consist in sending the Candidate information about new postings on the Smartjobs Portal that may be of interest to them.
4. The provision of the Service commences, respectively: at the moment the Candidate applies for a Posting on the Smartjobs Portal, or upon notifying TRAFFIT sp. z o.o. of their wish to receive information about new functionalities and updates of the Smartjobs Portal.
5. The Candidate may opt out of the Service at any time by sending an email to [email protected].
6. The Service is provided free of charge.
7. The publication of Smartjobs Postings is carried out separately using the TRAFFIT System available at www.traffit.com and is not covered by these Terms of Service.
8. The Candidate should not share the received recruitment Tracker with third parties.
9. It is prohibited for the Candidate to provide or transmit unlawful content, including content that infringes personal rights.
IV. Ranking of Postings
1. The Smartjobs Portal offers Candidates the ability to sort and evaluate Smartjobs Postings using filters and IT tools, including those utilizing artificial intelligence, in order to best match the displayed results to the expectations of the person browsing.
2. The content of a Smartjobs Posting may affect the extent to which it is displayed to persons browsing the Smartjobs Portal.
V. Provision of the Tracker to the Candidate
1. The Advertiser determines the recruitment stages about which the Candidate can obtain information using the Tracker.
2. A Candidate who applies for a Posting will receive, at the email address provided for the purposes of contacting the Advertiser, a message containing the Tracker – a link tracking the progress of recruitment for the Posting to which they applied.
3. Using the received Tracker, the Candidate may at any time during the recruitment process conducted by the Advertiser in the TRAFFIT System check the progress of the recruitment they applied for. Additionally, the Candidate will receive a notification by email in the event of a change in the recruitment stage. To avoid an excessive number of notifications, they are sent no more than once per day.
4. The Tracker will become inactive if the Advertiser discontinues this form of informing Candidates about the recruitment process or ceases to use the TRAFFIT System for its conduct, which does not equate to the closure of the recruitment. If the Candidate notifies the Advertiser of their withdrawal from a given recruitment and their profile is removed from it, the tracking link will also become inactive.
5. TRAFFIT sp. z o.o. may deactivate a provided Tracker if its use violates the law or these Terms of Service.
VI. Technical Requirements for the Service
1. Use of the Service is possible provided that the Candidate has a device capable of using a web browser. Recommended browsers include: Google Chrome, Mozilla Firefox, Safari, Microsoft Edge, and Internet Explorer version 11 or higher. Due to the nature of the Service, JavaScript support and the saving of cookies must be enabled on the device. An email address and the ability to use email are also required to use the Service.
2. TRAFFIT sp. z o.o. acknowledges that the public nature of the Internet and the use of electronic services may involve a risk of unauthorized access to, misappropriation, or modification of data. To protect their data, Users should apply appropriate technical measures to minimize the above-mentioned risks, including in particular antivirus software or software protecting the identity of Internet users. In accordance with Article 6(1) of the Act on the Provision of Electronic Services, TRAFFIT sp. z o.o. shall, upon request of the User, provide current information on particular risks associated with the use of electronically provided services.
3. In connection with the provided Service, TRAFFIT sp. z o.o. takes all necessary measures to ensure the proper and correct functioning of the Portal to the extent resulting from current technical, including IT, knowledge. TRAFFIT makes efforts to resolve any irregularities or failures in the operation of the Portal without undue delay.
4. It is prohibited to undertake actions that disrupt the proper functioning of the Smartjobs Portal, including interfering with the content or IT elements of the Smartjobs Portal and distributing malicious software.
VII. Processing of Personal Data
1. The rules for the processing of Candidates' personal data by TRAFFIT sp. z o.o. are set out in the Privacy Policy of the Smartjobs Portal.
2. TRAFFIT sp. z o.o. is not the controller of personal data provided by the Candidate in response to a Smartjobs Posting. The controller of such personal data is in each case the Advertiser, who determines the scope, method, and purpose of data processing in the content of the Posting. The exception is the email address provided by the Candidate for contact purposes when applying for a Posting, which is used by TRAFFIT sp. z o.o. to provide the Service.
VIII. Complaints
1. All complaints should be submitted to the email address [email protected].
2. The complaint should allow the Candidate to be identified in order to inform them of how the complaint was resolved. For this purpose, the person submitting the complaint should in particular indicate their first and last name, and email address. In addition, the complaint should contain a description of the subject of the complaint and a specific demand of the Client related to the complaint. It is recommended to include the word “complaint” in the subject line of the email.
3. TRAFFIT sp. z o.o. shall process the complaint within 14 days from the date of its receipt. If the complaint does not contain the required information, TRAFFIT sp. z o.o. will contact the person submitting the complaint by email to request the supplementation of the complaint.
4. Out-of-court dispute resolution: A Candidate who is a consumer may seek assistance from the Consumer Ombudsman, the Trade Inspection, or the Office of Competition and Consumer Protection (UOKiK).
IX. Withdrawal from the Service
1. A Candidate who is a consumer has the right to withdraw from the Service agreement within 14 days of its conclusion without giving a reason.
2. The right of withdrawal does not apply in the case of a Service fully performed with the Candidate's express consent before the expiry of the withdrawal period.
X. Amendments to the Terms of Service
1. These Terms of Service enter into force upon their publication on the website.
2. TRAFFIT sp. z o.o. reserves the right to amend the Terms of Service at any time, in particular for important technical, legal, or organizational reasons, without the need to justify such reasons.
3. Amendments to the Terms of Service shall take effect 14 days after their publication on the website https://thesmartjobs.com (in particular through the publication of a consolidated text of the Terms of Service incorporating the amendments). Simultaneously with the publication of amendments to the Terms of Service, TRAFFIT sp. z o.o. shall notify Candidates of such amendments by email to the email address provided by the Candidate. The Candidate's continued use of the Service after amendments to the Terms of Service are made is tantamount to the Candidate's confirmation that they have read and accepted the amendments to the Terms of Service.