Terms of Service – Lionstep AG
Lionstep.com (hereinafter also referred to as “Platform” or “Application”) is a recruiting and job search platform, improving the matching process between individuals looking for jobs (hereinafter “Candidates”) and professional recruiters or potential employers (hereinafter “Customers”, Candidates and Customers jointly referred to as “Users”) provided by Lionstep AG (hereinafter also referred to as Lionstep or “Provider”). Please find further details about Lionstep at the “Imprint” section. All features available to Candidates are free of charge, whilst some of the features available to Customers may be accessed against payment of a fee.
1.1 These Terms, including the Preamble, fully regulate the use of the Application by Users. Users’ terms and conditions shall only apply if expressly accepted by the Provider.
1.2 Contracts individually closed with the Provider by Customers and the General Terms and Conditions thereof (hereinafter “Contracts”) shall always prevail upon these Terms.
1.3 The Platform is exclusively intended for business-related job search and recruiting activities. None of its features may be used for purposes not related to the recruiting process, in particular for private or personal purposes.
1.4 As far as requested by local national laws, Lionstep declares to have a valid and current employment agency license.
- Basic Features
2.1 Basic Features are available to Users, in particular those qualifying as Candidates invited by an interested company or a Lionstep recruiter, applying to a Lionstep-vacancy broadcasted on a third-party jobboard (e.g. indeed) or being referred by another person, for free.
2.2 Users shall be able to open a personal account on Lionstep upon invitation providing their personal data, including name, surname, place of domicile, e-mail address, date of birth, gender and photograph. Failure to provide such data will result in impossibility to create a personal account on Lionstep.
2.3 Further information may be added to present their professional profile (hereinafter “Profile”) and to apply for job postings published on the Platform, such as previous academic and professional experiences and background, personal skills (such as languages spoken), personal interests, hobbies, social media accounts, certificates, diplomas and other qualifications, preferences in terms of working hours and working places, [vd1] a presentation video or a video interview and further documents (such as motivation letters, CVs etc.). The provision of such additional data is not mandatory, but failure to provide them may result in restrictions to or unavailability of some of the Services.
2.4 Candidates can also allow Lionstep to create such personal Profiles on the grounds of available Personal data relating to them and to share such Profiles with Customers according to the conditions set forth at sec. 4.
2.5 Personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be defined as “sensitive data”. In order to use Lionstep, Users do not need to provide sensitive data, nor does Lionstep collect or process them. However, in case that for objective reasons related to a specific job posting such data might be relevant, Customers may request them. Users shall always have the opportunity to provide or deny such data on request.
2.6 Candidates acknowledge and accept that, unless otherwise specified, personal data and information uploaded to their personal accounts will be made available to such Users, whose vacancy the respective Candidates has given a consent to be applied to by talking to a Lionstep recruiter .
- Paid Features
3.1 Paid Features are available to Customers against payment of a package price specified in the Pricing section of the Lionstep marketing website.
3.2 Customers having purchased Lionstep’s Paid Features may a) open a Customer’s account on Lionstep; b) publish job vacancies; c) search Candidates’ public profiles created as described at sec. 2; d) receive applications of interested Candidates; e) contact Candidates and interview them.
3.3 To open a Customer account, Customers are required to provide the following personal data: name, surname, e-mail address and professional curricular information. Failure to provide such data will result in the impossibility to open a Customer account.
3.4 In addition, Customers may provide data related to a job posting, that may include personal data, such as key personal data of professional recruiter or potential employer and billing details Failure to provide such data may result in restrictions to or unavailability of some of the Services.
3.5 Limitations, restrictions and further conditions applicable to Paid Features may result from the Contract closed with each Customer.
3.6 Customers acknowledge and accept that the content of job postings shall be publicly accessible to all Users and to any websites visitors.
- Processing of personal data relating to Candidates
4.1 The personal data mentioned at sec. 2 shall be collected and processed in order to create a personal professional profile to be added to Lionstep’s database. Such profiles will only be available to other Users or to public in an anonymous manner[vd5] . Whenever actively applying for a job posting on Lionstep or otherwise expressly consenting to data transfer[vd6] , the Candidate accepts to make available the own non-anonymous [vd7] personal profile to the Customer having published the job posting or having expressed interest in the Candidate’s anonymised profile[vd8] . Candidates acknowledge and accept that, in case the job posting has been published by a Customer based in another country, possibly outside the EU, their decision to apply for the vacancy entails a consent to the transfer of personal data to such country.
4.2 Unless otherwise specified, further information or personal data related to the recruiting process may be requested by the recruiting Customer. Candidates acknowledge and accept that such Customer may be acting as a professional recruiter and be therefore interested in transferring the Candidates’ personal data to the potential employers whose behalf he’s acting on. Candidates shall have the opportunity to deny their consent to the transfer of personal data to such potential employers. [vd9]
4.3 All personal data collected when Candidates open an account or apply for an open position [vd10] published on Lionstep are processed and transferred to the relevant Customer exclusively for the purpose of enabling the match between Candidates and Customers and to allow Customers to assess each applying Candidate’s suitability for a specific job description.
- Video Interviews and built-in communication tools
5.1 Customers may invite applying Candidates to a Video Interview. Candidates will receive a list of questions formulated by the Customer upfront and record their answers on video. Please find out further details about the functioning of Video Interviews at the relevant FAQ section of the Website. Candidates are always free to participate or to deny their consent to such Video Interviews. Even in case Candidates should decide to take a Video Interview, they are always free to abort the interview process before submitting results. In this case, recordings will not be saved by Lionstep, nor transferred to any third party or Customer. Whenever Candidates complete and submit Video Interview results, the recordings will be saved on the Lionstep servers for 60 days, during which the inviting Customer shall have access to them. After 60 days, they shall be deleted. Candidates are solely liable for making sure that the audio and video footage they submit does not contain, reveal or show any third party’s personal data, reserved or secret information or otherwise violates anyone’s privacy or any other third party right.
5.2 Whenever a connection between Users has been established as described at sec. 3.1.1, Candidates and Customers may communicate via the online chat provided on the Website. Personal data and information exchanges via the chat will be stored only as long as the application process is running. The Controller will not process, transfer or sell such data to any third party.
5.3 In case the Customer wants to share personal data relating to the Candidate with third parties, such as potential employers or recruiters, it shall be his sole responsibility to inform the Candidate accurately and collect the Candidate’s consent to such transfer.
- Processing of personal data relating to Customers
6.1 Whenever the Customer is a legal entity, the personal data referred to at sec. 3 shall relate to the person(s) acting on its behalf. Such personal data shall be collected and processed in order to create a Customer account and a Customer profile and to allow the publication of job postings on Lionstep. Unless otherwise specified, only job postings and the Customer’s description relevant to them shall be made publicly available on Lionstep.
6.2 Personal data will not be transferred, sold or published in any manner not described in this document. The Controller reserves the right to process (personal) data and information of Customers exclusively in anonymised and aggregated form for statistical and market research purposes.
- Online chat and support tools
7.1 Lionstep’s shall collect and process personal data of Users entering the online chat and support tools provided on the website. Such personal data shall only be processed for the purposes related to the User’s support or help request.
8.1 Customers having previously purchased Lionstep’s Services against payment of a fee may receive promotional newsletters related to products and services similar to those already purchased.
8.2 In case no previous purchase has taken place, Users may actively register to the Lionstep’s newsletter service entering their e-mail address into the respective form, or ticking the relevant check-box. Such Users will then receive an automated e-mail asking them to confirm their registration clicking on a link or copying such link into their internet browser. Only after Users have thus confirmed their subscription users will then start receiving promotional newsletters regarding goods or services provided by Lionstep or regarding HR and recruiting services provided by its business partners[vd11] , as well as information and news about the global HR-, and recruiting-market.[vd12]
8.3 Users always have the possibility to withdraw their consent to receiving newsletters by clicking on the “unsubscribe” link available in every newsletter sent, by changing preferences in their personal accounts accordingly, or sending an un-subscription request to the Controller’s contact details.
- Forbidden Use
9.1 Users of the Platform must be 18 years of age or older, in any case adults pursuant to the legislation of the place where they have their domicile.
9.2 The Platform may be used only for the purposes it is intended for, as described in the aforegoing sections. In particular, Users may not
9.2.1 reverse engineer or decompile any parts of the Platform
9.2.2 copy, gather, duplicate in any manner any of the content or information made available on the Platform and disseminate it
9.2.3 extract, copy, disseminate, make public, alter, transmit or use personal data collected through the Platform for any purposes other than those connected to the legitimate use of the Platform, especially if in breach of applicable data protection laws
9.2.4 abuse of the Platform in a way that imposes an unreasonable large load on the infrastructure or provokes its malfunctioning
9.2.5 infringe or violate any safety measure implemented in the Lionstep Platform an in any service provided through the Platform, or attempt to do so
9.2.6 create false, duplicated or misleading accounts or job postings
9.2.7 require or promise payments, money or any sort of gift or giveaway through the Platform
9.2.8 use the Platform to promote own products or services
9.2.9 use the Platform, and in particular the built-in communication tools, in an abusive, inappropriate or offensive manner or for any purpose not connected to the recruitment process
9.2.10 perform any activity through the Platform directly promoting or favouring competitors of Lionstep.
9.3 In case of suspect that any forbidden use in the above-mentioned meaning is taking place, Lionstep may, at its own discretion, suspend or delete User accounts or job postings without prior notice. Lionstep reserves the right to claim damages resulting from such forbidden use to full extent.
- Forbidden content
10.1 Profiles and job postings must be accurate, truthful and always up to date.
10.2 Users are solely liable for all content they upload to and/or publish on the Platform. This, in particular, applies to all information, data, and material uploaded to their personal accounts and/or profiles, including the audio and video footage recorded when taking Video Interviews.
10.3 Users may not publish any misleading or abusive content or any content not related to the purposes the Platform is intended for.
10.4 In particular Users may not
10.4.1 post job offerings not compliant with applicable law, including but not limited to labor and employment laws, anti-discrimination laws, privacy laws, intellectual property laws and public law
10.4.2 post job offerings that do not represent an actual employment
10.4.3 post job offerings not provided with an accurate, detailed and truthful description, without omitting any particular, unusual, unexpected or otherwise relevant information
10.4.4 post job offerings for jobs illegal under the applicable legislation
10.4.5 post job offerings without specifying, that they’re acting on a third party’s behalf, in particular whenever acting as a professional recruiter as described in the Preamble
10.4.6 endorse a specific philosophical, political, religious, ethnic, national, or cultural identity or position
10.4.7 publish harassing, offensive, discriminatory, defamatory, obscene, explicit or otherwise illegal content
10.4.8 upload or make available illegal content and/or content infringing the rights of third parties, including but not limited to intellectual property rights, such as copyrights and trademark rights
10.4.9 create profiles, upload information or submit applications on behalf of third parties, unless expressly required or allowed to do so by Lionstep or by the Customer having published the relevant job opening
10.4.10create, publish or submit duplicated or false profiles and applications
10.4.11access to any reserved data, including personal data or information not intended for them through the Platform
10.4.12delete, alter, manipulate, copy or transfer any other User’s content or disturb any other User’s enjoyment of the Platform
10.5 Lionstep expressly reserves the right to prevent publication of, suspend or delete any content in breach of the afore-mentioned provisions at its own sole discretion. The User acknowledges and accepts that Lionstep might have a legal duty to report such infringing content to the competent authority.
10.6 Lionstep furthermore reserves the right to claim damages resulting from such infringing content to full extent.
- Password safety and duty to cooperate
11.1 It is the User’s responsibility to treat access credentials to the Platform with due diligence and due care and to take all necessary steps to ensure that they are kept confidential, secure, are used properly and are not disclosed to unauthorized persons.
11.2 The User will be held responsible for any usage of his or her password username by third parties unless the customer provides evidence that the access to such password or username by such third parties has not been enabled by him or her and that the cause of any such access attained does not lie within his or her sphere of influence.
11.3 Should any event described at the afore-going section occur, the User shall inform Lionstep without undue delay, providing his or her support and all information in order to enable effective countermeasures.
11.4 At the Provider’s own discretion, whenever an unauthorised use of access credentials has taken place or is likely to take place, Lionstep reserves the right to immediately suspend and/or delete the affected User account, as well as to claim damages resulting thereof to full extent.
- Intellectual Property
12.1 With the sole exception of content generated by Users as of sec. 2, 3 and 5, all content of the Platform (hereinafter “Lionstep Content”), such as designs, logos, trade names, information, software etc. protected under copyrights, trademark rights or other intellectual property rights, is Lionstep’s exclusive property.
12.2 Users acknowledge and accept that they are granted a license to use such content only for the purposes and within the scopes of the contract closed with Lionstep.
12.3 In particular, Users may not sell, copy, transfer, disseminate, modify, alter, emulate or exploit Lionstep Content in any way not expressly authorised by these Terms or resulting from the correct use of the Platform.
13.1 Within the limits of applicable law, Lionstep shall not be liable for simple or medium negligence. Liability for the fact of associates, delegates and employees is excluded. Liability for consequential damages or loss of profit is always excluded.
13.2 Lionstep undertakes to make available the Platform observing the highest possible quality and diligence standards. However, in case of force majeure, including but not limited to temporary interruptions of service due to technical problems, Lionstep shall bear no liability.
13.3 In particular, Lionstep does not guarantee that the Platform is suitable and appropriate for the personal purposes intended by each User.
13.4 Furthermore, Lionstep shall not be liable for damages of any kind occurring due to an improper or abusive use of the Platform by the User, including but not limited to any infringement of these Terms and the Contract closed with Users as of sec. 1.2, and reserves all right to compensation resulting thereof.
14.1 Users shall hold Lionstep harmless against any claim asserted by third parties on the grounds of an improper, abusive or otherwise infringing use of the Platform.
14.2 This applies also to claims asserted by Users or third parties against Lionstep due to inaccurate or false information uploaded or published on the Platform by other Users.
- Closing provisions
15.1 Lionstep reserves the right to modify these Terms at its own discretion. In case of amendments, Lionstep shall inform its Users via email giving them a reasonable notice period to accept the new Terms tacitly, or to object to them. In case the User chooses to object, Lionstep reserves the right to delete or suspend the User’s account on Lionstep.
15.3 Lionstep furthermore reserves the right to immediately delete or suspend the User accounts in case a breach of these Terms has taken place or is likely to take place. In both cases, Lionstep reserves the right to claim damages against the User to the full extent.
15.4 Should any of the provisions of these T&C be deemed invalid or unenforceable, the remaining provisions shall stay unaffected. The invalid or unenforceable provision shall be replaced by the valid and enforceable provision coming closest in terms of meaning and scope.
15.5 As long as Users are not considered “consumers” under the law of the state where they are domiciled, these Terms shall be regulated by Swiss law and the exclusive venue of jurisdiction shall be Zurich.