General Terms and Conditions for Companies

Overview

Scope of application

TACTIC TAL GmbH, Industriestrasse 9, 8305 Dietlikon (“TACTIC TAL”) offers various services which aim to facilitate job searches, career planning and application management, whilst connecting job seekers and independent contractors with employers and recruiters.

These General Terms and Conditions (the “Terms”) specifically govern the use of the services (the “Services”) provided by TACTIC TAL to potential employers, recruiters, or other business customers (the “Company”). These Terms do not apply to job seekers and independent contractors, as the General Terms and Conditions for Talents apply to this group of persons.

The access to and use of Services provided by TACTIC TAL on the www.tactictal.com website (the “Platform”) is conditioned upon the acceptance of and compliance with these Terms by the Company. By accessing or using the Services, the Company agrees to be bound by these Terms and to receive all communications and notices from TACTIC TAL electronically.

If a user is accessing or using the Services on behalf of the Company, (i) they represent that they are authorized to bind the Company to these Terms and to register for the Services on behalf of the Company by creating a profile on the Platform; and (ii) the Company is legally and financially responsible for the user’s access to and use of the Services, as well as for the use of the Services by others affiliated with the user or the Company, including any employees, agents, or contractors.

All mentions in these Terms to “TACTIC TAL” are references to TACTIC TAL GmbH.

Definition

In these Terms:

• “User” refers to any person accessing or using the Platform and/or the Services.
• “Company User” refers to a User who creates and manages a Company Profile, accesses, or uses the Services, or otherwise acts on behalf of a Company through the Platform.
• “Company Profile” refers to an account created on the Platform by a Company User. 
• “Talent” refers to a job seeker or a self-employed individual/entity with an active Talent Profile on the Platform.
• “Talent Profile” refers to an account created on the Platform by a Talent. 
• “Job Opportunity” refers to a job offer published on the Platform by a Company User, visible to a Talent through a Like. 
• “1-click Application” refers to a Talent applying for a Job Opportunity. This action makes their Talent Profile visible to the Company User who published the Job Opportunity.
• A “Like” occurs when a Company User expresses interest in connecting with a Talent by using the 'Like' button on the Platform.
• A “Match” is established when the Platform's algorithms or manual curation processes connect a Talent with a Company User through a Talent’s 1-click Application.
• A “Successful Placement” occurs when, as a result of a Match, a Talent and a Company User enter into a contract. 
• “Hired Talent” refers to a job seeker who is hired as an employee by a Company User through the Platform, as the result of a Successful Placement. 
• “Independent Contractor” refers to a self-employed individual/entity who is hired by a Company User through the Platform, as the result of a Success Placement, to perform specific tasks or services under terms outlined in a contract. Unlike Hired Talents, Independent Contractors are not considered part of the Company's staff and typically work on a temporary, project-by-project basis or for a defined period.

Use of Services

1. Registration of a Company Profile and conclusion of the Agreement

   To access and use the Services, the Company must create a Company Profile. To that effect, the Company must follow the procedure available on the Platform. The Company must enter information about itself (in particular, the Company’s name and e-mail address) and information about a designated contact person (in particular, the contact person’s name and email address) into the Platform. Any changes may be made directly by the Company via the Platform.

   The Company is responsible for providing complete and correct information during registration.

   With the creation of a Company Profile, but at the latest with the first use of a Service by the Company, the Company enters into an agreement (the “Agreement”) with TACTIC TAL which is subject to these Terms. The Agreement is valid for an indefinite time.

2. Free Services

   TACTIC TAL offers the following services to the Company free of charge:

   • Company Profile: TACTIC TAL’s Services are only accessible to the Company through an active Company Profile.
   • Platform: TACTIC TAL has developed a website that allows Talents to get in touch with a Company User representing a Company and to apply for jobs in a fast and easy manner. A series of anonymized Talent Profiles are submitted to the Company, to which the Company can send a Like. If a Talent Profile has received a Like from the Company, said Profile remains anonymized until the Talent sends out a 1-click Application for the Job Opportunity posted by the Company, thus causing a Match. This procedure makes the Talent Profile visible to the Company User who published the Job Opportunity.
   • We-Speak: TACTIC TAL has developed a chat functionality (‘We-Speak’) on its Platform, allowing a Talent and a Company User to communicate and exchange documents after a Match.
   • Logos: a Company User can upload, use, manage, and advertise its logos and visuals through the Company Profile.

   TACTIC TAL reserves the right to add new products and/or services, to change or to discontinue existing products and/or services, in whole or in part, at any time, without prior notice. The Company has no claims against TACTIC TAL due to a change or discontinuation of products and/or services.

3. Paid Services

   In the event of a Successful Placement of a Hired Talent, the Company shall pay a one-time fee calculated as a percentage of the Hired Talent's first annual base salary, set at 10%, unless otherwise agreed upon.

   100% of the aforementioned one-time fee is due within thirty (30) days of entering into a contract with the Hired Talent.

   • 20% of the one-time fee is non-refundable upon entering into a contract with the Hired Talent. The date upon which the Company is deemed to effectively enter into a contract with the Hired Talent is deemed to be the earlier of the signing date of said contract or the Hired Talent’s first day of work.
   • 80% of the one-time fee becomes non-refundable upon completion of the Talent’s probation period, however, no later than 3-months after the Hired Talent’s first day of work.
   • In case of termination of the contract between the Hired Talent and the Company prior to the completion of the probation period, upon notice from the Company, TACTIC TAL will reimburse 80% of the received one-time fee within thirty (30) days after the receipt of notice.

   In the event of a Successful Placement of an Independent Contractor, the Company shall pay a one-time fee calculated as a percentage of the Independent Contractor’s total agreed compensation, set at 10%, unless otherwise agreed upon.

   100% of the aforementioned one-time fee is due within thirty (30) days of entering into a contract with the Independent Contractor.

   • 20% of the one-time fee is non-refundable upon entering into a contract with the Independent Contractor. The date upon which the Company is deemed to effectively enter into a contract with the Independent Contractor is deemed to be the earlier of the signing date of said contract or the Independent Contractor’s first day of work.
   • 80% of the one-time fee becomes non-refundable 1-month after the Independent Contractor’s first day of work.
   • In case of termination of the contract between the Independent Contractor and the Company prior to the Independent Contractor’s first day of work, upon notice from the Company, TACTIC TAL will reimburse 80% of the received one-time fee within thirty (30) days after the receipt of notice.

   Fees are stated exclusive of any sales tax, value-added taxes, use or withholding tax or other governmental assessments of any nature in the Company’s jurisdiction (collectively, “Taxes”). The Company is responsible for paying all Taxes associated with the fees, except for Taxes based on TACTIC TAL’s net income.

   TACTIC TAL reserves the right to add new products and/or services, to change or to discontinue existing products and/or services, in whole or in part, at any time, without notice. The Company has no claims against TACTIC TAL due to a change or discontinuation of products and/or services.

   Upon request from TACTIC TAL, the Company is obligated to confirm whether a Successful Placement has occurred.

Permitted uses

The Company bears sole responsibility for the content of its Company Profile, Job Opportunities and other publications. The Company therefore guarantees that the information contained therein is correct, complete, and up to date throughout the use of the Platform.

Job Opportunities may be published on the Platform only if they are intended to properly search for Talents and meet all legal requirements. This particularly excludes the publication of “mock” Job Opportunities with the aim to reach Talents and collect 1-click Applications and/or Matches but without the purpose of entering into a contract with said Talents through the Platform, in order to circumvent the payment of the one-time fee provided at Section 2.3.

Job Opportunities may not infringe any intellectual property rights, personal rights, or other rights of third parties.

The Company undertakes not to publish any content or material that may be false, misleading, inaccurate, abusive, illegal, fraudulent, pornographic, obscene, libellous, menacing, defamatory, personally injurious, threatening, defamatory, deceptive, vulgar, or otherwise offensive, via the Platform.

The following content is particularly inadmissible:

• Immoral or offensive Job Opportunities;
• Several job offers combined in a single Job Opportunity;
• Job Opportunities with incorrect or insufficient job titles or content;
• Job Opportunities for multilevel marketing, pyramid schemes, giving circles, etc.;
• Job Opportunities containing any type of scams or deceitful practices;
• Job Opportunities with erotic content or for escort services;
• Mystery shopping offers;
• Job Opportunities that link to offers for other positions;
• “Mock” Job Opportunities created with the intention of circumventing the payment of the one-time fee provided at Section 2.3;
• Job Opportunities that imply any kind of illegal activity.

TACTIC TAL reserves the right to delete Job Opportunities or Company Profiles that do not fully meet these requirements without notice and justification. In this case, payments already made will not be refunded. In addition, TACTIC TAL reserves the right to suspend the Services without prior notice, to restrict the Company’s access to their Company Profile and/or to the Services, and to terminate the Agreement at any time.

Advertisements must be published in the name and layout of the Company and must contain the name and contact details of the designated contact person. Any passing on or transfer of quotas for online advertising to third parties without the prior consent of TACTIC TAL is excluded.

Deletion of application documents

The Company shall delete the application documents and personal data of a Talent immediately after Successful Placement has occurred.

If the Company wants to save a Talent’s application documents and personal data beyond the application process, for example for future job offers, it must obtain the Talent's express consent to do so.

The Company may not hire a Talent nor save a Talent’s application documents and personal data beyond the application process with the aim to interview them or potentially hire them for a position which has not been published as a Job Opportunity on the Platform.

Payment terms

The Company’s duty to pay for Successful Placement begins the earlier of the signing date of the contract between the Hired Talent/Independent Contractor and the Company or the Hired Talent’s/Independent Contractor’s first day of work.

Invoices from TACTIC TAL must be paid within thirty (30) days of receipt of the invoice unless other payment terms have been expressly agreed upon.

In the event of late payment, a late payment interest of 5% will be charged and, from the second reminder, an additional reminder fee will be charged to cover the costs (including – if any – legal costs).

If the Company is in arrears with the payment of invoices, TACTIC TAL is entitled to suspend the Services without prior notice and to restrict the Company’s access to their Company Profile and/or to the Services.

If a staggered payment has been agreed and the Company is in arrears with the payment of an instalment, this triggers the due date of all outstanding instalments.

TACTIC TAL may modify these payment terms and the fees provided at Section 2.3 at any time and at its sole discretion upon at least thirty (30) days advance notice to the Company. Such change will become effective thirty (30) days after the Company’s receipt of notice of the change. If the Company does not agree to the change, it must send a notice of termination to info@tactictal.com. The Company’s continued use of the Platform and/or the Services after the change constitutes a tacit consent to the changed terms.

Duties of the Company

TACTIC TAL grants the Talent a non-transferable right to access and use the Platform and/or the Services in accordance with these Terms.

The Company agrees not to use the Platform and/or the Services improperly and in any way contrary to the purposes set out in these Terms, in particular but without limitation to:

• access or use the Services for the purpose of building a competitive product or service or copying its features or user interface;
• access or use the Services to defraud any person or entity;
• use the Services in any way that may affect or impair the availability of the Services;
• gather the e-mail addresses or other content available on the Platform for commercial purposes;
• harvest or otherwise collect information about Users without their explicit consent or in any way not in accordance with these Terms and applicable laws, in particular but not limited to data protection and/or privacy legislation;
• threaten, harass, annoy other Users or violate their rights;
• breach or circumvent any laws, third-party rights or any of TACTIC TAL policies;
• infringe copyrights, trademarks, image or name rights, patents, publicities, moral, database and/or other intellectual property rights that belong to or are licensed to TACTIC TAL or its licensors;
• use robots, spiders, scrapers, data mining, gathering and extraction tools, or other similar automated means to collect data on the Users or the Platform;
• copy, reproduce, alter, modify or delete any parts of the Platform;
• publish any content or material that may be false, misleading, inaccurate, abusive, illegal, pornographic, obscene, libellous, menacing, defamatory, personally injurious, threatening, defamatory, deceptive, vulgar, or otherwise offensive;
• send e-mails or messages to other Users for commercial or advertising purposes or to offer goods or services;
• create more than one profile on the Platform.

In addition, the Company is responsible for the information provided to TACTIC TAL and other Users, in particular personal data. The Company guarantees that the information it provides is correct, complete, and up to date. Mentioning information or a third party’s data that is intentionally misleading and/or with fraudulent intent may result in legal action.

The Company undertakes to update all information provided to TACTIC TAL without delay, in particular payment and communication details.

TACTIC TAL reserves the right, at its sole discretion, to verify, store and otherwise process all data, information, content, and material uploaded by the Company on its Profile and to verify whether such information complies with the applicable laws and regulations.

If the Company violates any of the obligations mentioned in this Section, TACTIC TAL is entitled to suspend the Services without prior notice, to restrict the Company’s access to their Profile, the Platform and/or the Services, to refuse, modify, or delete any content that may be contrary to these Terms. Violation of any of the obligations mentioned in this Section may also lead to immediate termination of the Agreement or legal action.

Data protection and Privacy Policy

TACTIC TAL uses personal data, among other things, to provide the Services to the Company. TACTIC TAL also uses personal data to optimize job searches and job recommendations for Users (“job matching”). For this purpose, TACTIC TAL evaluates the data (including data from uploaded documents) that Users transmit to TACTIC TAL as well as the behaviour of Users on the Platform.

By accessing or using the Platform and/or the Services, the Company acknowledges that its personal data, to the extent necessary for the performance of the Platform and/or the Services, will be processed. The Company grants TACTIC TAL the right to use and dispose of the data transmitted to TACTIC TAL in an anonymous form without restriction.

The protection of personal data is crucial to TACTIC TAL. Therefore, TACTIC TAL treats the personal data of the Company with the greatest care at all times. To this end, TACTIC TAL has issued a Privacy Policy that describes which personal data it collects through the Platform, for what purposes and the manner in which it uses it. The Privacy Policy may be amended from time to time.

The Company acknowledges that it may receive personal data and information from other Users and that it would be processing personal data in such cases. The Company therefore undertakes to use and process such personal data and information exclusively for the purpose(s) for which it was provided to the Company.

The Swiss Federal Act on Data Protection (FADP), the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) or any other relevant data protection legislation may apply to the processing of the Company’s personal data.

Intellectual property

TACTIC TAL grants the Company a non-exclusive, non-transferable right to access and use the TACTIC TAL intellectual property pertaining to the Platform and/or the Services in accordance with these Terms.

TACTIC TAL owns all trademarks, copyrights, patents, and other intellectual property rights in and to the Platform and the content published on the Platform. The by-default content and functionalities provided by the Platform and the Services, including but not limited to the computer code, layout, and structure, are the intellectual property of TACTIC TAL.

Feedback

TACTIC TAL welcomes feedback, comments, and suggestions for improvements to the Platform and the Services (the “Feedback”). The Company acknowledges and expressly agrees that any Feedback does not and will not give or grant it any right, title or interest in the Platform or the Services or in any such Feedback. All Feedback will become the sole and exclusive property of TACTIC TAL, and TACTIC TAL may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to the Company and without retention by the Company of any proprietary rights, or other right or claim. The Company hereby assigns to TACTIC TAL any and all right, title and interest to any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property rights that the Company may have in and to any and all Feedback.

Warranties

The Platform is provided to the Company “as is” and “as available”. To the fullest extent permitted by the law, unless expressly specified otherwise in these terms, TACTIC TAL expressly disclaims and waives all warranties of any kind, whether express or implied, with regard to the access and the use of the Platform and/or the Services.

In particular, and without limitation, TACTIC TAL does not warrant, expressly or implicitly, that:

• the Job Opportunities will be read or answered, or that Successful Placement will occur;
• the access and use of the Platform and the Services will be uninterrupted, secured or free of errors and technical issues;
• the information and content published and available on the Platform are at all times current, reliable or complete.

The Platform may contain links to third-party websites and/or applications or advertisers. TACTIC TAL does not warrant that they may work at all times and assumes no responsibility or liability in relation but not limited therewith or for the contents of any advertisements or the websites and/or application of such third parties.

TACTIC TAL strives to make its services available without interruption, 24 hours a day, 7 days a week. To efficiently use all the functions of the Platform, TACTIC TAL recommends using the latest technology (in particular a recent web browser and operating system) and adjusting the browser settings correctly (e.g. by activating java script, cookies, pop-ups). TACTIC TAL regularly carries out data backups. However, data loss cannot be completely excluded.

TACTIC TAL reserves the right at any time and without prior notice, to modify, add or delete functionalities of the Platform and/or the Services, to discontinue all or part of the Platform and/or the Services, and to carry out any maintenance or upgrades without incurring any liability for any loss or damages.

Limitation of liability

To the fullest extent permitted by law, unless expressly specified otherwise in these Terms, TACTIC TAL waives all liability for any loss or damages relating to or arising out these Terms, and/or the Platform, the access to the Platform and/or the Services, or the use or inability to use the Platform and/or the Services.

In particular, TACTIC TAL is not responsible and assumes no liability for:

• any inaccurate or incomplete information provided by the Users or by any third parties in connection with any of the Services or published on the Platform. Accordingly, TACTIC TAL cannot be held responsible for the accuracy of the results of any comparison of the Profiles during the “job matching” process;
• the conduct, whether online or offline, of other Users;
• any failure to communicate or get in touch with other Users;
• any lack of success as a result of using the Platform and/or the Services or any specific results from the use of the Platform and/or the Services;
• any illegal or unauthorized access of the Company Profile or personal data by third parties;
• any violation of these Terms or applicable laws or regulations by other Users;
• any misuse, unauthorized or illegal access and/or use of the Platform and/or the Services, data and information that the Users disclose on the Platform;
• any abusive or illegal use or misuse by third parties of the information provided by other Users to such parties.

Termination

These Terms apply for the duration of the use of services by the Company for an indefinite period of time from the moment the Company Profile is created.

The Company can terminate the Agreement at any time and for any reasons by sending an e-mail to contracting@tactictal.com – and request that TACTIC TAL delete the Company’s data. In such a case, TACTIC TAL must immediately delete all data of the Company, unless the law provides otherwise or said data is necessary for the processing of the Agreement or for the exercise and/or enforcement of claims. Details on deletion can be found in our Privacy Policy.

TACTIC TAL may terminate the Agreement at any time, at its sole discretion, effective on sending the Company a notice to the e-mail address it provided upon registration.

After termination of the Agreement, TACTIC TAL does not have the duty to retain the data and documents delivered to it or to return it to the Company, unless data storage or return has been expressly agreed upon or is required by law.

Amendment of the Terms

TACTIC TAL will inform the Company about the amendments to these Terms in text form at least six (6) weeks before they are scheduled to take effect.

In the notice of the amendments, TACTIC TAL specifically informs the Company of TACTIC TAL's right of termination, the objection period to be observed by the Company and the consequences of such objection. The Company is entitled to object to the amendments in text form no later than two (2) weeks before it is planned to take effect.

If the Company does not object in writing in a timely manner, the Company's consent to the amendments is deemed to have been given and the new Terms come into force on the planned date. If the Company objects in a timely manner, TACTIC TAL has the choice to continue the contractual relationship with the Company with the old Terms continuing to apply or to terminate it on the date on which the planned amendments come into effect.

Amendments to these Terms will be effective thirty (30) days after the Company’s receipt of notice of the amendments. The Company’s continued use of the Platform and/or the Services after the amended Terms have come into force constitutes a tacit consent to the amended Terms.

Severability

Should all or part of a provision of these Terms be or become invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remainder of the provision or the other provisions of these Terms.

In such event, such invalid or unenforceable provision shall be enforced to the fullest extent permitted under the applicable law and the excluded terms shall be replaced by a valid and enforceable provision that most closely reflects the original intent of the provision.

Applicable law and jurisdiction

These Terms and any other related documents are governed by, and construed in accordance with the laws of Switzerland, excluding the conflict of law provisions thereof.

Any disputes arising out or in connection with these Terms shall fall within the exclusive jurisdiction of the courts of Zurich, Switzerland, subject to any mandatory forum prescribed by law or a recourse to the Swiss Federal Supreme Court.

Contact information

TACTIC TAL is a limited liability company (Ltd./GmbH), incorporated under the laws of Switzerland, with its seat at Industriestrasse 9, 8305 Dietlikon, Switzerland (CHE-303.468.507).

If the Company has any questions or concerns regarding these Terms, it can contact TACTIC TAL by e-mail at contracting@tactictal.com.