terms

platform terms of use for candidates

Welcome, and many thanks for using F ECTIVE’s Platform! Our mission is to match business people. When you access or use our Platform as a candidate who is an independent contractor or a candidate currently employed by a third-party, you’re agreeing to our Platform Terms of Use for candidates below, so please take a few minutes to read them over. They constitute a legal agreement between you and F ECTIVE. If you have any question about these Platform Terms of Use, please do not hesitate to contact us; we will be happy to address your questions.

1. GENERAL PRINCIPLES

These Platform Terms of Use govern access and use by candidates of the platform made available online by F ECTIVE (the “Platform”). The Platform comprises software, content, infrastructure and storage space, which enable (i) companies to find the best suitable candidates for their projects and/or define their employees to be registered as candidates in order to be available for own or third-party projects, and (ii) candidates to offer their services to third-party companies.
When accessing and using the Platform, you represent and warrant that you provide correct and accurate information about your current working status and, in particular, that you indicate correctly whether you are an independent contractor or whether you are currently employed by a third-party. If you are currently employed by a third-party, you represent and warrant either (i) that you have informed your employer about your intention to register on the Platform as an independent contractor and that your employer has not opposed to such registration, or (ii) if your employer is registered with the Platform and has invited you to register, that you register according to the invitation made by your employer. In case these conditions are not met, you may not access and use the Platform as a candidate.
You acknowledge that your ability to offer your services through access and use of the Platform does not establish an employment agreement between F ECTIVE and you.
F ECTIVE is allowed to amend these Platform Terms of Use at any time. The amended Platform Terms of Use enter into force on the date decided by F ECTIVE. If you do not accept the amendment, as communicated to you by F ECTIVE, you or F ECTIVE may terminate these Platform Terms of Use with effect on the date of entry into force of the amendment.

2. ACCESS AND USE OF THE PLATFORM

You may access and use the Platform upon account subscription as per the online subscription process made available by F ECTIVE.
Account subscription requires you to submit to F ECTIVE certain personal information, as well as at least one valid payment method supported by F ECTIVE. If your subscription is free of charge, you will not be requested to submit a valid payment method. You agree to maintain true, accurate, complete, and up-to-date information in your account. Please note that if you do not maintain such information, you may no longer access or use the Platform. You are responsible for all activity that occurs under your account.
Please acquire compatible hardware or devices necessary to access and use the Platform and any updates thereto, it being specified that it is not F ECTIVE’s responsibility to provide you with such equipment. F ECTIVE does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may not work without any interruption and may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You acknowledge that your subscriptions are not contingent on the delivery of any future functionality or features relating to the Platform, or dependent on any oral or written public comments made by F ECTIVE regarding future functionality or features relating to the Platform.
At its sole discretion, F ECTIVE may make available the Platform or, from time to time, functionalities to you to try at your option at no additional charge which are clearly designated as beta or pilot, or by a similar description (the “Pilot and Beta Services”). You may choose to try such Pilot and Beta Services or not in your sole discretion. Pilot and Beta Services are intended for evaluation purposes and not for production use, are not supported, and may be subject to additional terms. Pilot and Beta Services are provided “as is”, exclusive of any warranty whatsoever. These Platform Terms of Use shall apply to the use of Pilot and Beta Services, with the exception of the following: (i) unless otherwise stated, any Pilot and Beta Services trial period will expire upon the earlier of one year from the trial start date or the date that a version of the Pilot and Beta Services becomes generally available without the applicable Pilot and Beta Services designation; (ii) F ECTIVE may discontinue Pilot and Beta Services at any time in its sole discretion and may never make them generally available; and (iii) F ECTIVE will have no liability for any harm or damage arising out of or in connection with a Pilot and Beta Service.

3. RESTRICTIONS ON USE

F ECTIVE makes its best effort to make available a unique and well-functioning Platform which provides useful functionalities to its users. In order to reach that goal, certain uses of the Platform must be avoided. Thus, the use of the Platform shall be restricted as follows: 3.1.1. You shall not grant access to the Platform or make the Platform otherwise available to any third-party. 3.1.2. You shall not share your username and password with any other individual. 3.1.3. You shall not reproduce, modify, prepare derivative works based upon, sell, resell, license, sublicense, distribute, make available, rent or lease the Platform or any of its components, feature, function or interface, or include the Platform in a service or outsourcing offering. 3.1.4. You shall not (i) permit direct or indirect access to or use of the Platform in a way that circumvents a contractual usage limit, (ii) attempt to gain unauthorized access to the Platform or its related systems or networks, (iii) use the Platform to access or use any of F ECTIVE’s intellectual property except as permitted under these Platform Terms of Use, (iv) access the Platform in order to build a competitive product or service,(v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform, or (vi) decompile, reverse engineer or disassemble the Platform (to the extent such restriction is permitted by law). 3.1.5. You shall not use the Platform or a Platform component in a way which threaten the security, integrity or availability of F ECTIVE’s Platform or other services; you shall in particular not use the Platform or a Platform component in particular to (i) store or transmit infringing, libelous, or otherwise unlawful or tortious material, (ii) store or transmit material in violation of third-party privacy rights, (iii) store or transmit malicious code, (iv) interfere with or disrupt the integrity or performance of the Platform or thirdparty data contained therein.
You shall notify F ECTIVE promptly if you are aware of any non-compliance with the restriction on use of the Platform.

4. THIRD-PARTIES

The Platform may comprise third-party applications and services. For instance, when you use our profile pre-fill function on our Platform, you will be using CVlizer, an application made available by joinvision (http://www.joinvision.com/en/products/cvlizer/). Terms of services of third-party vendors are reserved. F ECTIVE does not endorse such third-party applications and services and in no event shall F ECTIVE be responsible or liable for any applications and services of such third-parties.
The Platform may contain features designed to interoperate with third-party applications. To use such features, you may be required to obtain access to such third-party applications from their vendors, and may be required to grant F ECTIVE access to your account(s) on such third-party applications. F ECTIVE cannot guarantee the continued availability of such Platform features, and may cease providing them without entitling you to any refund, credit, or other compensation, if for example and without limitation, the provider of a third-party application ceases to make the third-party application available for interoperation with the corresponding Platform features in a manner acceptable to F ECTIVE.
The Platform contains information provided by third-party companies and candidates. Even if F ECTIVE may verify part of such information or carry out background checks, you further acknowledge that you are solely responsible for verifying the information provided by third-parties, in particular the fact that information relating to companies is correct and accurate.

5. FEES AND PAYMENT

In consideration of the access and use of the Platform, you shall pay the sign-up fee indicated on the Platform (if applicable), it being specified that (i) fees are based on the subscription and not actual usage, and (ii) cancellation of payment obligations and refund of fees are at F ECTIVE’s sole discretion.
You are responsible for paying all taxes associated with the access and use of the Platform. If F ECTIVE has the legal obligation to pay or collect taxes for which you are responsible under this Section, F ECTIVE will invoice you and you will pay that amount unless you provide F ECTIVE with a valid tax exemption certificate authorized by the appropriate taxing authority. For the sake of clarity, F ECTIVE is solely responsible for taxes assessable against it based on its income, property and employees.
F ECTIVE shall invoice you upon subscription by you to the Platform. Invoiced charges are due net 30 days from the invoice date. You are responsible for providing complete and accurate billing and contact information to F ECTIVE and notifying F ECTIVE of any changes to such information.
If any invoiced amount is not received by F ECTIVE by the due date, then without limiting F ECTIVE rights or remedies, (a) those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and/or (b) F ECTIVE may condition future subscription renewals on payment terms shorter than those specified in this Section.
If any amount owing by you for F ECTIVE services is 30 or more days overdue, F ECTIVE may, without limiting F ECTIVE other rights and remedies, accelerate your unpaid fee obligations so that all such obligations become immediately due and payable, and suspend F ECTIVE services to you until such amounts are paid in full. F ECTIVE will give you at least 10 days’ prior notice that your account is overdue before suspending services to you.
F ECTIVE will not exercise its rights under this Section if you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

6. DATA MANAGEMENT AND SECURITY

F ECTIVE Privacy Policy is part of these Platform Terms of Use.

7. INTELLECTUAL PROPERTY

Subject to the limited rights expressly granted hereunder, F ECTIVE and its licensors and content providers reserve all of their rights, titles and interests in and to the Platform, including all of their related intellectual property rights. No rights are granted to you under these Platform Terms of Use other than as expressly set forth in these Platform Terms of Use.
You grant F ECTIVE a worldwide, perpetual, irrevocable, royaltyfree license to use, sublicense or otherwise exploit any suggestion, enhancement request, recommendation, correction, post or feedback provided by you (“User Content”) relating to the operation of F ECTIVE’ services.
that: (i) you either are the sole and exclusive owner of all User Content or have all rights, licenses, consents and releases necessary to grant F ECTIVE the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor F ECTIVE’s use of the User Content as permitted herein will infringe, misappropriate or violate a third-party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by F ECTIVE in its sole discretion, whether or not such material may be protected by law. F ECTIVE may, but shall not be obligated to, review, monitor, or remove User Content, at F ECTIVE’s sole discretion and at any time and for any reason, without notice to you.

8. LIMITATION OF LIABILITY

F ECTIVE shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Platform, in particular information made available on the Platform by third-parties, (ii) your inability to access or use the Platform; or (iii) any transaction or relationship between you and any third-party, even if F ECTIVE has been advised of the possibility of such damages.
In any event, F ECTIVE shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any access or use of the Platform, regardless of the negligence (either active, affirmative, sole or concurrent) of F ECTIVE, even if F ECTIVE has been advised of the possibility of such damages.

9. DURATION AND TERMINATION

These Platform Terms of Use enter into force the first time you access the Platform for a period of one year. They will then automatically renew for additional periods of one year each, unless terminated by either party upon two-month prior written notice for the end of a one year contractual period.
Any other provision of these Platform Terms of Use that must survive to fulfill its essential purpose will survive any termination.

10. JURISDICTION AND APPLICABLE LAW

Any dispute arising out of or in connection with these Platform Terms of Use, including disputes on their conclusion, binding effect, amendment and termination, shall be submitted to and finally settled before the Courts of the Canton of Zurich.
These Platform Terms of Use shall be governed by and construed in accordance with Swiss law.Accordion Sample Description

11. MISCELLEANOUS

Any notice under these Platform Terms of Use or related to F ECTIVE’s services should be addressed to: F ECTIVE Ltd, Attn. General Counsel, Rebberg 21, 8484 Weisslingen, Switzerland. All notices related to these Platform Terms of Use will be in writing and will be effective upon (a) personal delivery, (b) the third business day after mailing, or (c), on the day of sending by email. All notices to you will be addressed to the relevant billing contact designated by you.
No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of these Platform Terms of Use to the extent caused by (i) anearthquake, hurricane, other natural disaster, (ii) war, act of terrorism, act of cyberterrorism, and other manmade disaster, or (iii) other causes beyond the performing party’s reasonable control.
These Platform Terms of Use are the entire agreement between you and F ECTIVE regarding you access and use of the Platform and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Except as otherwise provided herein, no modification, amendment, or waiver of any provision of these Platform Terms of Use will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.
Neither party may assign any of its rights or obligations under these Platform Terms of Use, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, either party may assign these Platform Terms of Use, without the other party’s consent to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Platform Terms of Use will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
The parties are independent contractors. These Platform Terms of Use do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
No failure or delay by either party in exercising any right under these Platform Terms of Use will constitute a waiver of that right.
If any provision of these Platform Terms of Use is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of these Platform Terms of Use will remain in effect.
download PDF

platform terms of use for companies

Welcome, and many thanks for using F ECTIVE’s Platform! Our mission is to match business people. When you access or use our Platform as a company (legal person), you’re agreeing to our Platform Terms of Use for companies below, so please take a few minutes to read them over. They constitute a legal agreement between you and F ECTIVE. If you have any question about these Platform Terms of Use, please do not hesitate to contact us; we will be happy to address your questions.

1. GENERAL PRINCIPLES

These Platform Terms of Use govern access and use by companies of the platform made available online by F ECTIVE (the “Platform”). The Platform comprises software, content, infrastructure and storage space, which enable (i) companies to find the best suitable candidates for their projects and/or define their employees to be registered as candidates in order to be available for own or third-party projects, and (ii) candidates to offer their services to third-party companies.
You acknowledge that your ability to find candidates for your projects, to make your employees available for third-party projects and/or to make your employees available for projects within your organization through access and use of the Platform does establish F ECTIVE neither as a provider of candidates nor as an employer of candidates made available by you.
F ECTIVE is allowed to amend these Platform Terms of Use at any time. The amended Platform Terms of Use enter into force on the date decided by F ECTIVE. If you do not accept the amendment, as communicated to you by F ECTIVE, you or F ECTIVE may terminate these Platform Terms of Use with effect on the date of entry into force of the amendment.

2. ACCESS AND USE OF THE PLATFORM

You may access and use the Platform upon account subscription as per the online subscription process made available by F ECTIVE.
Account subscription requires you to submit to F ECTIVE certain personal information about you, personal information of the employees who are authorized by you to manage the access, the use and the administrative functions of the Platform (the “Administrative Users”), as well as at least one valid payment method supported by F ECTIVE. You agree to maintain true, accurate, complete, and up-to-date information in your account. Please note that if you do not maintain such information, you may no longer access or use the Platform. You are responsible for all activity that occurs under your account.
Please acquire compatible hardware or devices necessary to access and use the Platform and any updates thereto, it being specified that it is not F ECTIVE’s responsibility to provide you with such equipment. F ECTIVE does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may not work without any interruption and may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You acknowledge that your subscriptions are not contingent on the delivery of any future functionality or features relating to the Platform, or dependent on any oral or written public comments made by F ECTIVE regarding future functionality or features relating to the Platform.
At its sole discretion, F ECTIVE may make available the Platform or, from time to time, functionalities to you to try at your option at no additional charge which are clearly designated as beta or pilot, or by a similar description (the “Pilot and Beta Services”). You may choose to try such Pilot and Beta Services or not in your sole discretion. You may choose to try such Pilot and Beta Services or not in your sole discretion. Pilot and Beta Services are intended for evaluation purposes and not for production use, are not supported, and may be subject to additional terms. Pilot and Beta Services are provided “as is”, exclusive of any warranty whatsoever. These Platform Terms of Use shall apply to the use of Pilot and Beta Services, with the exception of the following: (i) unless otherwise stated, any Pilot and Beta Services trial period will expire upon the earlier of one year from the trial start date or the date that a version of the Pilot and Beta Services becomes generally available without the applicable Pilot and Beta Services designation; (ii) F ECTIVE may discontinue Pilot and Beta Services at any time in its sole discretion and may never make them generally available; and (iii) F ECTIVE will have no liability for any harm or damage arising out of or in connection with a Pilot and Beta Service.

3. RESTRICTIONS ON USE

F ECTIVE makes its best effort to make available a unique and well-functioning Platform which provides useful functionalities to its users. In order to reach that goal, certain uses of the Platform must be avoided. Thus, the use of the Platform shall be restricted as follows: 3.1.1. You shall not grant access to the Platform or make the Platform otherwise available to any third-party outside your organization. 3.1.2. You shall procure that Administrative Users do not share their username and password with any other individual. 3.1.3. You shall procure that an Administrative User’s identification may only be reassigned to a new individual replacing one who will no longer use the Platform. 3.1.4. You shall not reproduce, modify, prepare derivative works based upon, sell, resell, license, sublicense, distribute, make available, rent or lease the Platform or any of its components, feature, function or interface, or include the Platform in a service or outsourcing offering. 3.1.5. You shall not (i) permit direct or indirect access to or use of the Platform in a way that circumvents a contractual usage limit, (ii) attempt to gain unauthorized access to the Platform or its related systems or networks, (iii) use the Platform to access or use any of F ECTIVE’s intellectual property except as permitted under these Platform Terms of Use, (iv) access the Platform in order to build a competitive product or service,(v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform, or (vi) decompile, reverse engineer or disassemble the Platform (to the extent such restriction is permitted by law). 3.1.6. You shall not use the Platform or a Platform component in a way which threaten the security, integrity or availability of F ECTIVE’s Platform or other services; you shall in particular not use the Platform or a Platform component in particular to (i) store or transmit infringing, libelous, or otherwise unlawful or tortious material, (ii) store or transmit material in violation of third-party privacy rights, (iii) store or transmit malicious code, (iv) interfere with or disrupt the integrity or performance of the Platform or third-party data contained therein.
You shall notify F ECTIVE promptly if you are aware of any non-compliance with the restriction on use of the Platform.

4. THIRD-PARTIES

In consideration of the access and use of the Platform, you shall pay the sign-up fee indicated on the Platform (if applicable), it being specified that (i) fees are based on the subscription and not actual usage, and (ii) cancellation of payment obligations and refund of fees are at F ECTIVE’s sole discretion.
You are responsible for paying all taxes associated with the access and use of the Platform. If F ECTIVE has the legal obligation to pay or collect taxes for which you are responsible under this Section, F ECTIVE will invoice you and you will pay that amount unless you provide F ECTIVE with a valid tax exemption certificate authorized by the appropriate taxing authority. For the sake of clarity, F ECTIVE is solely responsible for taxes assessable against it based on its income, property and employees.
F ECTIVE shall invoice you upon subscription by you to the Platform. Invoiced charges are due net 30 days from the invoice date. You are responsible for providing complete and accurate billing and contact information to F ECTIVE and notifying F ECTIVE of any changes to such information.
If any invoiced amount is not received by F ECTIVE by the due date, then without limiting F ECTIVE rights or remedies, (a) those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and/or (b) F ECTIVE may condition future subscription renewals on payment terms shorter than those specified in this Section.
If any amount owing by you for F ECTIVE services is 30 or more days overdue, F ECTIVE may, without limiting F ECTIVE other rights and remedies, accelerate your unpaid fee obligations so that all such obligations become immediately due and payable, and suspend F ECTIVE services to you until such amounts are paid in full. F ECTIVE will give you at least 10 days’ prior notice that your account is overdue before suspending services to you.
F ECTIVE will not exercise its rights under this Section if you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

5. FEES AND PAYMENT

The Platform may comprise third-party applications and services. For instance, when candidates use our profile pre-fill function on our Platform, they will be using CVlizer, an application made available by joinvision (http://www.joinvision.com/en/products/cvlizer/). Terms of services of third-party vendors are reserved. F ECTIVE does not endorse such third-party applications and services and in no event shall F ECTIVE be responsible or liable for any applications and services of such third-parties.g of entries.
The Platform may contain features designed to interoperate with third-party applications. To use such features, you may be required to obtain access to such third-party applications from their vendors, and may be required to grant F ECTIVE access to your account(s) on such third-party applications. F ECTIVE cannot guarantee the continued availability of such Platform features, and may cease providing them without entitling you to any refund, credit, or other compensation, if for example and without limitation, the provider of a third-party application ceases to make the third-party application available for interoperation with the corresponding Platform features in a manner acceptable to F ECTIVE.
The Platform contains information provided by third-party companies and candidates. Even if F ECTIVE may verify part of such information or carry out background checks, you further acknowledge that you are solely responsible for verifying the information provided by third-parties, in particular the fact that information relating to candidates is correct and accurate.

6. DATA MANAGEMENT AND SECURITY

F ECTIVE Privacy Policy is part of these Platform Terms of Use.

7. INTELLECTUAL PROPERTY

Subject to the limited rights expressly granted hereunder, F ECTIVE and its licensors and content providers reserve all of their rights, titles and interests in and to the Platform, including all of their related intellectual property rights. No rights are granted to you under these Platform Terms of Use other than as expressly set forth in these Platform Terms of Use.
You grant F ECTIVE a worldwide, perpetual, irrevocable, royaltyfree license to use, sublicense or otherwise exploit any suggestion, enhancement request, recommendation, correction, post or feedback provided by you (“User Content”) relating to the operation of F ECTIVE’ services.
that: (i) you either are the sole and exclusive owner of all User Content or have all rights, licenses, consents and releases necessary to grant F ECTIVE the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor F ECTIVE’s use of the User Content as permitted herein will infringe, misappropriate or violate a third-party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by F ECTIVE in its sole discretion, whether or not such material may be protected by law. F ECTIVE may, but shall not be obligated to, review, monitor, or remove User Content, at F ECTIVE’s sole discretion and at any time and for any reason, without notice to you.

8. LIMITATION OF LIABILITY

F ECTIVE shall not be liable for any damages, liability or losses arising out of: (i) your use of or reliance on the Platform, in particular information made available on the Platform by third-parties, (ii) your inability to access or use the Platform; or (iii) any transaction or relationship between you and any third-party, even if F ECTIVE has been advised of the possibility of such damages.
In any event, F ECTIVE shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any access or use of the Platform, regardless of the negligence (either active, affirmative, sole or concurrent) of F ECTIVE, even if F ECTIVE has been advised of the possibility of such damages.

9. DURATION AND TERMINATION

These Platform Terms of Use enter into force the first time you access the Platform for a period of one year. They will then automatically renew for additional periods of one year each, unless terminated by either party upon two-month prior written notice for the end of a one year contractual period.
Any other provision of these Platform Terms of Use that must survive to fulfill its essential purpose will survive any termination.

10. JURISDICTION AND APPLICABLE LAW

Any dispute arising out of or in connection with these Platform Terms of Use, including disputes on their conclusion, binding effect, amendment and termination, shall be submitted to and finally settled before the Courts of the Canton of Zurich.
These Platform Terms of Use shall be governed by and construed in accordance with Swiss law.

11. MISCELLEANOUS

Any notice under these Platform Terms of Use or related to F ECTIVE’s services should be addressed to: F ECTIVE Ltd, Attn. General Counsel, Rebberg 21, 8484 Weisslingen, Switzerland. All notices related to these Platform Terms of Use will be in writing and will be effective upon (a) personal delivery, (b) the third business day after mailing, or (c), on the day of sending by email. All notices to you will be addressed to the relevant billing contact designated by you.
No delay, failure, or default, other than a failure to pay fees when due, will constitute a breach of these Platform Terms of Use to the extent caused by (i) anearthquake, hurricane, other natural disaster, (ii) war, act of terrorism, act of cyberterrorism, and other manmade disaster, or (iii) other causes beyond the performing party’s reasonable control.
These Platform Terms of Use are the entire agreement between you and F ECTIVE regarding you access and use of the Platform and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. Except as otherwise provided herein, no modification, amendment, or waiver of any provision of these Platform Terms of Use will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted.
Neither party may assign any of its rights or obligations under these Platform Terms of Use, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, either party may assign these Platform Terms of Use, without the other party’s consent to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Platform Terms of Use will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
The parties are independent contractors. These Platform Terms of Use do not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
No failure or delay by either party in exercising any right under these Platform Terms of Use will constitute a waiver of that right.
If any provision of these Platform Terms of Use is held by a court of competent jurisdiction to be contrary to law, the provision will be deemed null and void, and the remaining provisions of these Platform Terms of Use will remain in effect.
download PDF

privacy policy

Welcome, and many thanks for using F ECTIVE’s Platform! Our mission is to match business people. When you access or use our Platform, you’re agreeing to our Privacy Policy below, so please take a few minutes to read it over. It forms part of the terms of use which constitute a legal agreement between you and F ECTIVE. If you have any question or complaint about the Privacy Policy, please do not hesitate to contact us; we will be happy to address your questions.

1. GENERAL PRINCIPLES

Our Platform, available at https://fective.ch/ (our “Platform”), enables (i) companies to find the best suitable candidates for their projects and/or define their employees to be registered as candidates in order to be available for own or third-party projects, and (ii) candidates to offer their services to third-party companies.
This Privacy Policy lays out our policies and procedures surrounding the collection and processing of any information that identifies you as a candidate, such as your name, your address, your picture or your resume (“Personally Identifiable Information” or “PII”), and, if you are a company, your PII or the PII of your employees. Throughout of this document, “you” will refer either to you as a candidate, you as a company, or you as the employee of a company.
This Privacy Policy applies only to our Platform. You have the option on our Platform to create links to your website, third-parties’ websites or your page on a third-party website. Please note that this Privacy Policy does not apply to any such third-party site or service linked to our Platform, or recommended or referred by our Platform. Further, it does not apply to any other online or offline service offered by our company.
If you use our Platform, you consent to the collection and processing of your PII under this Privacy Policy (and possibly other documents referenced in this Privacy Policy) and agree to our applicable Terms of Use.
Please note that certain information about you is public within the Platform environment and available to certain other users on our Platform. For instance, if you are a candidate, your name, your work location and your uploaded resume are visible to users qualifying as resource managers on the Platform; other information you may provide, such as your soft skills and passion, is processed by the software integrated in our Platform for matching you with the most appropriate projects but is not visible to other users of the Platform. Before you as a candidate take any action on our Platform, you will have access to a link to the FAQ section on our Platform showing how a candidate profile is displayed to the resource manager of a company (example profile).

2. PII WE COLLECT

A. PII you provide to us

We collect PII from you when you post it on our Platform, such as when you fill out a form or submit a resume.
Certain PII must be provided in order for your account to be activated, such as your name, address, email address, telephone number, city or area, and photo. You have choices about other types of PII you post on your profile, such as your education or work experience. It’s your choice whether to include sensitive data; we do not require users to include such data (e.g., race, ethnicity, political opinions, religious or philosophical beliefs, membership of a trade union, physical or mental health, or sexual life), except for criminal record which may be requested from candidates who are independent contractors. Such criminal records may notably be requested in order to verify that no fake account is created. Depending on the content of the criminal record, we may refuse access to the Platform.
We log usage data when you visit or otherwise use our Platform, such as when you view or click on content. We use identifiers such as log-ins, device information, internet protocol (“IP”) addresses, cookies and similar technologies to identify you and log your use. This allows us to improve the Platform for which the collected data is analyzed in an aggregated way.

B. Information provided by others

Others may post on our Platform content that includes information about you (as part of blog posts, feed updates and comments). You consent in particular to the fact that other persons may provide rating and feedback about you and the work performed by you and that this information may be visible to other users.
If you have concerns with someone’s post about you, you may report your concern to us. Please note that removing the post in question is at our sole discretion.
Without limiting the generality of the foregoing, we disclaim all liability and indemnification obligations for any harm or damages caused by any post made by a third-party about you.

3. HOW WE STORE YOUR PII

We are taking data privacy issues seriously and, in order to make our Platform available to you, have chosen Amazon Web Services, one of the leading cloud services with highest security standards. Your PII is stored on Amazon servers in Frankfurt, Germany.

4. USE OF YOUR PII

A. Services provided to you

We use your PII to create your account, to authorize access to our Platform, to make the functionalities of our Platform available to you, to offer you additional functionalities, to contact you and to bill you (if applicable). We also use your PII to investigate, respond to and resolve complaints and issues relating to our Platform.
It is your choice to connect with other persons on our Platform. Please do not provide PII to other persons on our Platform if you do not want it to be available.
We use identifiers such as cookies so that our Platform can remember you and provide you with the information you’re most likely to need. For instance, when you return to our Platform, cookies identify you and prompt the site to provide your username (not your password), so you can sign in more quickly.

B. Services provided to others

We use your PII to provide notices to other users of our Platform. For example, we may use your PII to recommend your profile to other users such as in particular resource managers.

C. Use for internal purposes

We use your PII and information gained through cookies to compile statistical information about use of our Platform and to produce aggregate insights that do not identify you. For example, we may use your PII to generate statistics about our users or industry, or the demographic distribution of visitors on our Platform.
We also use your PII (including your communications) if we think it’s necessary for security purposes, to investigate possible fraud or other violations of our Terms of Use or this Privacy Policy and/or attempts to harm other users of our Platform.

5. ACCESS TO YOUR PII BY THIRD PARTIES

A. Other users

As indicated above, please note that certain information about you is public within the Platform environment and available to certain other users on our Platform. For instance, if you are a candidate, your name, your work location and your uploaded resume are visible to users qualifying as resource managers on the Platform; other information you may provide, such as your soft skills and passion, is processed by the software integrated in our Platform for matching you with the most appropriate projects but is not visible to other users of the Platform. Before you as a candidate take any action on our Platform, you will have access to a link to the FAQ section on our Platform showing how a candidate profile is displayed to the resource manager of a company (example profile).
Please note that if you are a candidate and you have access to the Platform based on a request made by your employer, your employer can see some information about you, such as the fact that your account is activated or deactivated.
As noted above, we compile Platform usage statistics based notably on your PII. We may publish those statistics or share them with third parties in an aggregated form so that they do not include your PII.

B. Contractors and affiliates

We give certain independent contractors and affiliates access to PII. Those contractors and affiliates assist us with the operation of our Platform. All those contractors and affiliates are required to sign contracts in which they promise to protect PII using procedures reasonably similar to ours.
To the extent possible, we indicate such PII transfer on the Platform and/or offer alternative use of the Platform without PII transfer to third parties.

C. Change in control or sale

We can also share your PII, subject to a confidentiality agreement, as part of a sale, merger or change in control, or in preparation for any of these events. Any other entity which buys us or part of our business will have the right to continue to use your data, but only in the manner set out in this Privacy Policy.

D. Legal disclosures

It is possible that we will need to disclose information about you when required by law or legal process or if we have a good faith belief that disclosure is reasonably necessary to (i) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (ii) enforce our agreements with you, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of our Platform (such as by sharing with companies facing similar threats); or (v) exercise or protect the rights and safety of our users, personnel, or others.
We attempt to notify users about legal demands for their personal data when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

6. MANAGEMENT OF YOUR PII

A. Protection of your PII

We exercise commercially reasonable efforts to prevent unauthorized exposure or disclosure of your PII. In addition, and without limiting the generality of the preceding sentence, we implement and maintain measures (comprising administrative, physical, and technical safeguards) for managing unauthorized disclosure or exposure of your PII.
Please note that, even with these measures, we cannot guarantee the absolute security of your PII. By using our Platform, you acknowledge and agree that we make no such guarantee, and that we shall not be liable in case of a data breach involving your PII.
In the event of a data breach, or in the event that we suspect a data breach, we will (i) promptly notify you and (ii) cooperate with you and law enforcement agencies, where applicable, to investigate and resolve the data breach, including without limitation by providing reasonable assistance to you in notifying injured third-parties. We will give you prompt access to such records related to a data breach as you may reasonably request; provided such records shall be our confidential information, and we shall not be required to provide you with records belonging to, or compromising the security of, its other customers.

B. Access to and correction of your PII

You can access and change your PII through your profile section on our Platform.

C. Retention of your PII

We retain the PII you provide while your account is in existence or as needed to provide you access to and use of our Platform. Even if you only use our Platform on an irregular basis, we will retain your PII until you decide to close your account.

D. Deactivation and deletion of your PII

Upon request by you, your account will be automatically deactivated so that your PII will no longer be visible to other users. Please note that we retain PII you have provided while your account is deactivated.
You may request the closure of your account at any time. It may take a few days before your PII is no longer visible to other users. Upon request by you made within 30 days after your request for closure of your account, we will make your PII available to you for export or download. We remain free not to accept any specific format required by you for the export or download of your PII or to accept any such format at your cost. Please note that if you re-sign up to our Platform, you will be requested to provide the PII made available to you in an unmodified form.
After such 30-day period, we will have no obligation to maintain or provide any PII, and will thereafter delete or destroy all copies of your PII in our systems or otherwise in our possession or control, except as indicated hereinafter. We may retain all or part of your PII even after you have closed your account if reasonably necessary to comply with our legal obligations and prevent fraud and abuse.
We will retain de-personalized information after your account has been closed.
Information made available to others will remain visible when you delete the information from your own profile or after you closed your account, and we do not control data that other users copied out of our Platform.

7. AMENDMENT OF THIS PRIVACY POLICY

We may change this Privacy Policy at any time by posting a new version on this page or on a successor page and by notifying you. The new version will become effective on the date it’s posted, which will be listed at the top of the page as the new effective date.

8. ANY QUESTION OR COMPLAINT?

If you have questions or complaints regarding this Policy, please contact us online. You can also reach us by physical mail.
download PDF