General Terms and Conditions for Talents

Last updated: June 21, 2024

  1. 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 job seekers or independent contractors searching for work projects (the “Talents”). These Terms do not apply to employers, recruiters, or other business customers, as the General Terms and Conditions for Companies 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 Talent. By accessing or using the Services, the Talent agrees to be bound by these Terms and to receive all communications and notices from TACTIC TAL electronically.

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

  2. Definitions

    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 a personal 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 Userthrough 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.

  3. Use of Services

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

      To access and use the Services, the Talent must create a Talent Profile. To that effect, the Talent must follow the procedure available on the Platform. The Talent must enter information about themselves (in particular, their name, a valid e-mail address, and other information such as their address, education, interests) into the Platform. Any changes may be made directly by the Talent via the Platform.

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

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

    2. Use of Services with a Talent Profile

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

      • Talent Profile: TACTIC TAL’s Services are only accessible to the Talent through an active Talent 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.
      • 1-click Application: a Talent can receive Job Opportunities from Companies which have sent them a Like, to which the Talent can apply or reject.
      • 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.

      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 Talent has no claims against TACTIC TAL due to a change or discontinuation of products and/or services.

  4. Duties of the Talent

    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 Talent may only use their Talent Profile personally. The Talent must keep their personal data and passwords safe and may not pass them on to third parties. If a third party gains access to a Talent Profile, the Talent who owns said Profile must immediately inform TACTIC TAL via the following e-mail address: privacy@tactictal.com.

    The Talent agrees not to use the Platform and/or 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 to defraud any person or entity;
    • use the Services in any way that may affect or impair the availability of the Services;
    • 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;
    • 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;
    • create more than one profile on the Platform.

    In addition, the Talent is responsible for the information provided to TACTIC TAL and other Users, in particular personal data. The Talent guarantees that the information they provide 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.

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

    If the Talent violates any of the obligations mentioned in this Section, TACTIC TAL is entitled to suspend the Services without prior notice, to restrict the Talent’s access to their Profile and/or to 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.

  5. Data protection and Privacy Policy

    TACTIC TAL uses personal data, among other things, to provide the Services to the Talent. 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 Talent acknowledges that their personal data, to the extent necessary for the performance of the Platform and/or the Services, will be processed. The Talent 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 Talent 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 Swiss Federal Act on Data Protection, 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 Talent’s personal data.

  6. Intellectual property

    TACTIC TAL grants the Talent 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 contents 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.

  7. Feedback

    TACTIC TAL welcomes feedback, comments, and suggestions for improvements to the Services (the “Feedback”). The Talent acknowledges and expressly agrees that any Feedback does not and will not give or grant them 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 Talent and without retention by the Talent of any proprietary rights, or other right or claim. The Talent 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 Talent may have in and to any and all Feedback.

  8. Warranties

    The Platform is provided to the Talent “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 submitted application documents 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.

    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.

  9. 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 Talent 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.

  10. Termination

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

    The Talent 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 Talent’s data. In such a case, TACTIC TAL must immediately delete all data of the Talent, 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 reserves the right to anonymize the data instead of deleting it in accordance with Section 4.

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

  11. Amendment of the Terms

    TACTIC TAL will inform the Talent 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 Talent of TACTIC TAL's right of termination, the objection period to be observed by the Talent and the consequences of such objection. The Talent 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 Talent does not object in writing in a timely manner, the Talent’s consent to the amendments is deemed to have been given and the new Terms come into force on the planned date. If the Talent objects in a timely manner, TACTIC TAL has the choice to continue the contractual relationship with the Talent 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 Talent’s receipt of notice of the amendments. The Talent’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.

  12. 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.

  13. 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 jurisdiction of the courts of Zurich, Switzerland, subject to any mandatory forum prescribed by law or a recourse to the Swiss Federal Supreme Court. Deviating from this, TACTIC TAL has the right to appeal to the courts at the Talent’s place of residence.

  14. 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 Talent has any questions or concerns regarding these Terms, they can contact TACTIC TAL by e-mail at contracting@tactictal.com.

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