REGULATIONS OF MANPOWER.PL INTERNET SERVICE
§ 1 DEFINITIONS
Service Provider– ManpowerGroup Sp. z o.o. seated in Warsaw at Prosta 68 street; entered into the Register of Entrepreneurs kept by the Regional Court for the Capital city of Warsaw, 12th Economic Division under no.: 62137, with a tax identification number NIP: 5262493733
Client– a natural person of age who uses a Service provided electronically by the Service Provider.
Services– all electronic services provided by the Service Provider to the Clients under these Regulations. The list and description of Services are shown in Appendix 1 hereto which consists its integral part.
Manpower.plService – an internet service belonging to the Service Provider under the address: www.manpower.pl within the scope of which the Service Provider provides Services.
Electronic address – a designation of a teleinformation system which facilitates communication by way of electronic communication means, especially electronic mail.
Commercial information– each piece of information intended directly or indirectly to promote entrepreneur’s goods, services or image, excluding information which facilitate communication with the use of electronic communication means with a given person and information on goods and services which do not serve a commercial effect desired by the entity which orders its diffusion, especially without remuneration or other benefits from producers, sellers and service providers.
Teleinformation system– a set of cooperating information devices and software, which ensure processing and storing, and also sending and receiving data by telecommunication networks with the use of an end device proper for a given network type under the Act of 16 July 2004 on Telecommunication Law.
Providing service electronically– performing a service which is made by sending and receiving data with the use of teleinformation systems, on client’s individual demand, without a mutual presence of the parties, whereas the data is transmitted by public network under the Act of 16 July 2004 on Telecommunication Law.
Providing electronic services– providing a service which is made by sending and receiving data by way of teleinformation systems, on client’s individual demand, without mutual presence of the parties.
Electronic communication means– technical solutions including teleinformation devices and cooperating programming tools, which enable an individual distance communication with the use of data transmission between teleinformation systems, especially electronic main.
Cookie– a text file in which information is saved by the Service server on a hard disc drive of a computer which is used by a Client. The information saved in cookie files can be read by the Service server at a next connection from the same computer, but they can be also read by other servers or other internet users.
IP Address– an individual number usually held by each computer connected in any way to a computer network. IP number can be stable for a given computer (static) or it can be appointed at each connection (dynamic), or it can be periodically changed in time by an internet service provider for a Client.
Regulations– these Regulations.
§ 2 GENERAL PROVISIONS
1. The Regulations specify:
a. the Service Provider and Client’s rights and obligations connected with providing Services electronically;
b. the principles of Service Provider disclaimer for providing Services electronically;
c. the principles of personal data protection of natural persons who use Services provided electronically.
2. the Service Provider shall provide Services electronically compliant to the Regulations.
3. the Client shall be obliged to comply with the Regulations provisions from the moment of undertaking activities which aim at using the Services.
4.1. One of the functions which is provided by the Service provider within manpower.pl Service is a possibility to activate by the Clients specific links to other internet services („links”) which facilitate a direct connection of the Clients with internet websites of the Subsidiaries and Suppliers.
§ 3 REGISTRATION
1. The condition for starting the provision of Services by the Service Provider within its full scope is filling in correctly by the Client a registration form posted in manpower.pl Service.
2. Registration in the Service is allowed to be made only by a person of age.
3. The Client who sends a registration form states that:
a. the data given therein are complete and compliant with facts;
b. the data given by the Client do not violate any third party right;
c. he/she has read the Regulations and undertakes to comply with it.
§ 4 AN ACCOUNT
1. Upon receiving a correctly filled in registration form the Service Provider shall create for the Client within manpower.pl Service a unique account under a name chosen by the Client.
2. Giving the name of the account within manpower.pl service the Client states that the name of the account does not violate any third person’s rights. The Client shall be solely responsible for the choice of the account name, and any disputes arising thereof shall be solved without the participation of the Service Provider.
3. The Service Provider shall have a right to refuse to create an account with a chosen name in case it has already been used within manpower.pl Service, or of it is against the law or good practices, if it infringes personal goods of third parties or reasonable interests of the Service Provider.
4. The Service Provider shall notice the Client about the refusal to create an account within 24 hours after making this decision. The decision is final.
5. The Client shall receive access to the account by way of a unique identification number and an access password. The Client shall be obliged not to disclose any third party the identification number or a password and shall be solely liable for damages caused by disclosing such information.
§ 5 THE CONDITIONS OF PROVIDING SERVICES BY THE SERVICE PROVIDER
1. Technical requirements required for cooperation with a teleinformation system which is used by the Service Provider are the following:
a. connection to internet network;
b. a web browser which enables showing on a computer screen HTML documents with a function of accepting cookie files turned on.
2. The Service Provider undertakes to provide services of the highest possible quality. However, he shall not be responsible for interferences in the Service functioning caused by a force majeure, device failure or an indispensable Client’s interference, even if they would cause data loss on the Client’s Accounts.
3. The Service Provider shall use his best efforts to make his Service free of errors and faults hazardous to the Users, however due to the activity specification which is keeping an internet Service he does not guarantee that they will never occur.
4. The Service Provider undertakes to start providing Services chosen by the Client immediately upon receipt and verification of a register form sent by the Client. In case the account is created on a national holiday, then provision of the Service shall begin no later than before the end of a following working day.
§ 6 RIGHTS AND OBLIGATIONS OF SERVICE PROVIDER AND CLIENT
1. The Service Provider undertakes to provide the Services on a stable and continuous basis.
2. The Service Provider reserves his right to:
a. a temporary break in providing the Services due to maintenance activities or activities connected with the modification of manpower.pl Service;
b. send on the Clients’ electronic mail addresses of technical notices connected with the service functioning;
c. to block access to Clients’ resources with an erotic, pornographic content, to those which contain illegal software or information on how to obtain it, and other illegal content, content inconsistent with good practices or reasonable interests of the Service Provider;
d. cease the provision of services and deleting User’s account in case he does not comply with the Regulations or in case an effective service provision is impossible due to User’s fault;
e. facilitate the Clients to create an account in manpower.pl service with the use of an e-mail address which has already been used by other Client whose account was deleted.
3. Provision by the Client of illegal contents and using by him Services in manpower.pl Service in an illegal manner or against good practices which infringes personal goods of third parties or reasonable interests of the Service Provider is forbidden.
4. It is forbidden to download database content made available in manpower.pl service and its secondary use in its whole or in its essential part.
5. The Service Provider does not allow to copy, modify, propagate, transmit or in any other way use any contents made available in the Service except for using them within the allowed use.
§ 7 LIABILITY
1. The Service Provider and Client shall be obliged to redress damage which the other party suffered as a result of a failure to perform or improper performance of their obligations under the Regulations, unless the failure to perform or improper performance was a result of circumstances for which the party is not liable.
2. The Service Provider who receives an official notice on an illegal character of the stored data provided by the Client and makes them impossible to access shall not be liable to the Service Provider for a damage caused as a result of making the access to such data impossible.
3. The Service Provider who has received reliable information on an illegal character of the stored data provided by the Client and has made the access to such data impossible, shall not be liable to the Client for damages being the result of blocking the access to those data if he immediately notices the Client about the intent to make the data inaccessible.
4. The Service Provider shall not be liable for any damages caused as a result of ceasing to provide the service, in case it constitutes a consequence of a lack of possibility to provide the service effectively due to the Client’s fault, e.g. Lack of possibility to provide service because of full Client’s e-mail box. The Client also shall not be liable for damages caused by ceasing to provide services and deleting Client’s account which violate the Regulations.
5. Moreover, the Service Provider shall not be liable for:
a. any damages caused to third parties which result from using Services by the Clients in a way which is against the Regulations or legal provisions;
b. information or materials downloaded and sent using the internet by the Clients;
c. loss of data by the Client caused by external factors (such as cable, hardware, software failures and the like) or caused by other circumstances which are independent of the Service Provider (third parties activities);
d. damages resulting from the lack of continuity in providing Services being the result of circumstances, for which the Service Provider is not liable (force majeure, activities and negligence of third parties and the like);
e. giving by the Clients untrue or incomplete information at the account registration;
f. non-complying by the Clients with the Regulations.
§ 8 COMPLAINTS PROCEDURES
1. The clients shall have a right to make complaints concerning the Services.
2. The complaints shall be considered by the Service Provider.
3. Acorrectly made complaint shall include at least the following data:
a. Client’s identification data (first name, second name, address, e-mail address);
b. the subject of the compliant;
c. circumstances justifying the complaint.
4. Complaints which do not include the aforesaid data shall not be considered.
5. Complaints shall be sent to: firstname.lastname@example.org with a subject: „Complaint”.
6. The Service Provider shall use his efforts to consider the complaint within 14 working days from the day of its receipt from the Client. He shall immediately inform the Client about his decision made as a result of considering the complaint by an e-mail sent to the address given in the complaint.
§ 9 FINAL PROVISIONS
1. The Regulations take effect on 23 April 2010.
2. The Service Provider shall have a right to change the Regulations alone. Changes made in the Regulations become valid after 7 days from the day of posting the changed Regulations in manpower.pl Service.
3. The Service Provider shall inform the Client about the changes in the Regulations by e-mail.
4. Inthe case discussed in point 2 hereof, the Client shall have a right to terminate the agreement on providing services by e-mail immediately upon receiving information on any changes made in the Regulations. Unless he does so, he shall be deemed to accept the amended Regulations.
5. The Regulations shall be governed by the Polish law.
6. Any disputes arising from the Regulation shall be decided on by a Polish common court.
7. To all matters not settled herein the provisions of the Act on providing electronic services, the Act on personal data protection, the Civil Code and other mandatory provisions of law shall respectively apply.
8. Appendix 1 constitutes an integral part of the Regulations, and its changes, especially changes in the scope or type of service, shall not constitute changes in the Regulations.
9. The internet website and the information included in it (text, graphic, audio, video), images, icons, software, projects, applications, calculators, models and other elements available on the internet website or through the website are the property of ManpowerGroup Sp. z o.o. and as such are protected by the Polish, European and international laws.
APPENDIX NO. 1 TO THE REGULATIONS OF MANPOWER.PL INTERNET SERVICE
THE LIST AND DESCRIPTION OF SERVICES
1. Providing information
The Service Provider provides to every Client services of making available, on Client’s individual demand, the information placed in manpower.pl service by displaying a page with a specified URL address.
2. Job offers
The Service Provider posts job offers on manpower.pl received from employers and other entities, and gives the Clients s possibility to search, view them and sort them according to various criteria.
3. Web browser
The Service Provider makes available a web browser to search for job offers published on manpower.pl. The Client may write key words into the browser and also chose the criteria which fit the searched job. Available criteria include, among others, trade, location, job position.
4. Applicant CV base
The Client may place his CV in applicant’s base. The accepted file formats are MS Word (.doc) and Plain Text (.txt). The Client adding the file consents to making the file available to the employers, who cooperate with Manpower in Poland. In case the personal data is made available to the employer, he also becomes an administrator of the personal data who is responsible for their processing in a legal manner. The Client shall be obliged to update CV documents at least once in two years. Lack of file update within this period shall result in suspension of service provision by the Service Provider. The Client shall have a possibility to edit the content or to delete his CV at any time.
5. Job Agent information
The purpose of the mechanism is to inform the registered Clients about new job offers in manpower.pl service, which meet their requirements/preferences. The Client receives such information to a given correspondence address. Date of sending the information is selected by the Client from among options available by the Service Provider.
6. Saving the research results
The registered Client may save 5 predefined searches, each under a different name. It can be made with the use of a special help tool called Job Agent which enables to create a search and give it a name or save the search after an ordinary search in a service.
8. Applying to job offers
The Service Provider enables the Client to apply to a selected job offer. The Service Provider may come into different forms of making the application: sending it to an e-mail address given by the Service
Provider, filing in an application form on manpower.pl website or on the employer’s website (link included in the offer). Together with the advancement of technology, the number of possible kinds of making the application to a job offer can change.
9. Sending information
The Client agrees to receiving electronic (e-mails and SMS) commercial information from manpower.pl service and its partners. The information will be sent with a various frequency to a specific group of Clients, selected on the basis of registration data, who gave their consent to receive it.
10. Opinion form
The Clients may use the form posted in manpower.pl service in order to give the Service Provider their opinion on service functioning.
11. Advice, tools, models
The Service Provider provides to the Clients the information on work and personal development. These include especially advice concerning job search, recruitment process, job market in Poland and abroad, labour law etc. The Service Provider reserves his right to change the scope and form of available information at any time.