With Gini (Gini and Gini-recruit.com are hereafter referred to as “Gini”) you can process your vacancy and application data. As user, you remain the owner of your own data at all times. We only use statistics to strengthen our service and work completely in accordance with the guidelines of the local Data Protection Act. We are constantly striving to improve Gini and are pleased to keep you informed here.

Enjoy using Gini!

1.     Acceptance of the Conditions of Use

By signing these Conditions of Use (“Conditions of Use”) you accept these and hereby consent to these being applicable to your use of the application tracking system “Gini”, and also to the website linked to this (hereinafter jointly referred to as: “System”) of Tjellens Oost B.V. (“Tjellens”), with registered office in Hengelo at Jan Tinbergenstraat 154 (“Gini”). The Conditions of Use include a description of the conditions for use of the System. If you do not agree with the Conditions of Use you must discontinue use of the System.

2.     Portal for Key-Users

The System is divided into a portal for professionals (“Users”) and a portal for jobseekers (“Persons Concerned”). Key-User is understood to be a key account manager to Gini or Tjellens of a  sole proprietorship or company entered in the commercial register which is responsible for attracting and / or selecting personnel, possibly on behalf of third parties.

3.     Your Key-User account

When registering for a Key-User account you must provide your complete company name and contact details, including your (business) e-mail address to Gini.

As Key-User, you are authorised to create an account for a limited number of underlying users. A distinction can be made here between “recruiter” and “guest”, according to the desired access level. When providing the login data to the underlying users, you should take into account the provisions in this regard laid down under point 6 “Privacy”.

You are completely responsible for all content placed by you on the System by means of the Key-User account. It is not permitted to use the Key-User account or the System for illegal and / or unlawful activities. This in any case includes, but is not limited to circumventing security or adjusting functionality of the System other than based on your standard account settings. Gini reserves the right to terminate your account immediately in the event of alleged illegal and / or unlawful activities.

You yourself are entitled to terminate the Key-User account at any time. For this, you can get in contact with Gini by using the contact details as indicated under point 10 of these Conditions of Use.

4.     Changes for the improvement of the System

Gini reserves the right to make changes to the System at any time and for whatever reason for the purpose of improving the System. If this change may have consequences for the use, we strive to announce this change, but this change may not always be announced.

In addition, it reserves the right to change the Conditions of Use at any time. The changed Conditions of Use shall be in force from the time of registration in the System. A change of the de Conditions of Use will be communicated in a clearly visible manner in the System. By using the System after the placement of changed Conditions of Use, you are deemed to have accepted the changed Conditions of Use.

5.     Intellectual Property Rights

All intellectual property rights arising from the System, also including texts, pictures, videos and other material, software as well as the Gini trademark are vested in Gini, its licensors or partners.

If the content is delivered by you for or added to the System, inter alia, but not limited to vacancies, you guarantee that this content will not infringe third party intellectual property rights. You will indemnify Gini against all third party claims in this regard.

Concerning the content developed by yourself, you will remain the full copyright holder. If necessary, you will grant Gini a licence to reproduce and disclose the content delivered by you by accepting these Conditions of Use. You hereby consent to the possible use of your company name, word and / or figurative mark in the System by Gini.

6.     Privacy

If you provide personal data (such as name or e-mail address) via the System or if you collect personal data via the Website, Gini will exclusively use this personal data in accordance with its privacy declaration (privacy policy) as published on the Website.

As Key-User, you are responsible for providing personal data which is entered into the System within the meaning of the Dutch Data Protection Act [Wet bescherming persoonsgegevens] data by Persons Concerned. You may be obliged to report the processing of personal data by you as data controller to the Dutch Data Protection Agency [College Bescherming Persoonsgegevens] under the Dutch Data Protection Act. If you have your registered office abroad, you may likewise be obliged to report the processing to the executive body established for this purpose in the country where you have your registered office under the legislation in that country. You yourself are responsible for reporting to the Dutch Data Protection Agency or any executive body in the country where you have your registered office.

By facilitating the System, Gini acts as the data processor of this personal data. If necessary, you will give Gini the required consent to this processing under the Dutch Data Protection Act.

Gini will only process the personal data of Persons Concerned if and insofar as this is required in the context of the performance of its services to you as data controller. Gini will abide by the provisions of the Dutch Data Protection Act and other applicable legislation in the field of the protection of personal data when processing personal data.

Gini may only use the personal data of Persons Concerned in an anonymised form for the purpose of maintaining quantity and quality measurements. More specifically, this means measuring via what media sources vacancies are filled and how many applications for vacancies come via specific media sources. If necessary, you will give your consent to Gini to use the data for this purpose.

Gini will take adequate technical and organisational measures to protect personal data against loss or against any form of unlawful processing (including unnecessary collection or further processing). These measures will guarantee a suitable security level taking account the state of the art and the costs of the implementation, given the risks entailed by the processing and the nature of the data to be protected.

You will give Gini the opportunity to establish and maintain a suitable security level as mentioned above. Gini will assign to you access and identification codes to access the System and its content; you are obliged to handle the access and identification codes carefully and only to provide these to authorised users. You may make a distinction inter alia between “recruiter” and “guest” according to the access level here.

Gini will maintain strict confidentiality in relation to data that it becomes aware of in the course of its provision of services, except insofar as any legal regulation obliges it to notify this.

To offer you the possibility to observe the maximum preservation period of personal data, arising inter alia under the Dutch Data Protection Act, Gini offers you the possibility to anonymise  rejected applications by means of an anonymisation script. As data controller within the meaning of the Dutch Data Protection Act, it is your own responsibility to apply this to the data in good time.

7.     Guarantee, Liability and Indemnification

Gini does not guarantee that the System will continuously function error-free. Insofar as permitted by law, Gini (also including its affiliated companies) hereby excludes all liability for any (direct or indirect) damage whatsoever that has occurred in any form through or resulting from your use of the System.

You agree to hold Gini harmless and indemnify it against all damage, liabilities and direct and indirect costs resulting from the making available, the content or the sending of a report or content that is placed in the System by you, the infringement of intellectual property rights and / or any breach of the Conditions of Use by you.

8.     Choice of Law and Dispute Settlement

The Conditions of Use are governed by Dutch law. Any disputes that arise from the Conditions of Use will be exclusively submitted to the competent court in Almelo authorised for this purpose.

9.     General Provisions

If and insofar as any provision included in the Conditions of Use may be invalid or null and void, this invalidity or nullity or voidness will not affect the other provisions of the Conditions of Use and the Conditions of Use will remain in force in other respects and the invalid or null and void provision will be replaced by a provision that as far as possible regulates the same as the invalid or null and void provision.

10. Contact

Should you have any questions, observations or a complaint regarding the Conditions of Use or the System, you can contact:

Gini – Recruit
Jan Tinbergenstraat 154
7559 SP  Hengelo
Telefoon +31 074-2020208