1. General
1.1. The following Terms of Use (the Terms of Use) govern the conditions of using the database (hereinafter the Database) of employers (hereinafter Employers) and jobseekers (hereinafter the User) on the website www.ehra.ee and its sub-pages.
1.2. The owner and manager of the database is EHRA OÜ (hereinafter EHRA), address Tallinn, Virmalise tänav 5-5, 10129, commercial register code 10777818, e-mail: info@ehra.ee , phone (+372) 5019179
1.3. The Employer shall be deemed to have accepted the Terms of Use after ticking the appropriate box when registering the Employer as a user of the Database.
1.4. By creating an account, the Employer’s representative confirms that he/she has the right to represent the Employer and that all the information provided by the Employer is correct. It is assumed that the Employer’s representative has the necessary right of representation to create the account and to use the Database, and EHRA is not obliged to check it.
1.5. The Employer is responsible for the actions of all persons using the Database using the username and password given to the Employer, including the consequences of any actions taken and damage caused.
1.6. The Employer is entitled to use the Database only in accordance with the Terms of Use.
2. Employer’s rights and obligations when using the database
2.1. The Employer has the right to enter into the database job offers that EHRA makes public. Job offers must not contain false information, be fictitious, or misleading.
2.2. The Employer has the right to use all the following services offered by EHRA at its discretion (hereinafter Services). The Employer has the right to:
2.2.1. look at the CVs of all the Users contained in the Database according to the package chosen by the Employer and depending on the degree of confidentiality of the CVs decided by the User;
2.2.2. perform searches of CVs in the Database according to the package selected by the Employer and in accordance with possible search parameters and capabilities;
2.2.3. in real time, enter correct job offers compiled by the Employer that correspond to good practices into the Database. At any time, the Employer has the right to change, activate and delete the job offers entered;
2.2.4. activate and deactivate electronic search agents configured by the Employer to find suitable job offers according to the package selected by the Employer and receive e-mails sent by these search agents;
2.2.5. contact Users that are jobseekers, either directly or through EHRA, in accordance with the degree of confidentiality specified by Users;
2.2.6. obtain technical assistance and advice from EHRA, if necessary, for the effective and legitimate use of the above rights.
2.3. The Employer undertakes to comply with all the obligations stipulated in the legislation when using the Services, including refrain from activities that may lead to the discrimination of Users or otherwise impair the rights of Users.
2.4. All rights to the database belong to EHRA. The Employer shall not be entitled to make extracts or copies of the Database or parts thereof, or to otherwise use, damage or interfere with the work of the Database.
2.5. The Database is only a platform through which Users can publish their CVs or job search announcements and Employers can publish job offers. EHRA does not participate in the negotiations between the Employer and the User and is not responsible for the performance of the agreement concluded using the Database. Using the Database does not guarantee that the Employer will find a suitable employee.
2.6. The Employer undertakes to pay all invoices according to the selected Services within 7 (seven) calendar days after the invoice is issued. In case of delayed payment, the Employer undertakes to pay the default interest of 1 (one) % for each day of delay.
2.7. The Employer is not entitled to transfer the rights and obligations specified in the Terms of Use to third parties, or to give the passwords issued to it for entering the Database to third parties.
3. Obligations of the Employer in processing the Personal Data of Users
3.1. When using the Database and Services, EHRA discloses the personal data of Users (hereinafter Personal Data) to the Employer. As an authorised processor of Personal Data, the Employer is obliged to process Personal Data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (GDPR) and national data protection legislation.
3.2. The Employer undertakes to comply with the following principles when processing Personal Data:
– the principles of legality, fairness and transparency;
– the principle of purpose limitation;
– the principle of collecting as little data as possible;
– the principle of correctness;
– the principle of retention limitation;
– the principle of reliability and confidentiality.
3.3. The Employer is obliged to implement appropriate technical and organisational measures to ensure the level of Personal Data security.
3.4. The Employer keeps the information received from the Database, including Personal Data, confidential and may only use it for contacting the User and for possible pre-contractual negotiations for decision-making and possible recruitment. The Employer ensures that this confidentiality obligation applies to all employees of the Employer that are authorised to process Personal Data of Users.
3.5. The Employer undertakes to comply with all orders given by EHRA in the processing of Personal Data, unless they conflict with the law.
3.6. If necessary, the Employer is obliged to cooperate fully with EHRA in order to eliminate possible Personal Data protection violations and to fulfil the obligations arising from the violation in accordance with applicable legislation, the Employer also undertakes to inform the supervisory authority and Users of Personal Data violations, if necessary.
3.7. After the end of the valid subscription period of the Service, the Employer is not permitted to further use the User’s Personal Data. The Employer shall ensure that stored Personal Data and any copies thereof in any format are deleted from the Employer’s Systems.
3.8. The Employer shall compensate EHRA for any damage caused by violating the processing requirements of processing Personal Data contained in the Database, including, but not limited to, any amounts that EHRA has had to pay to data subjects, third parties or supervisory authorities for damages and fines due to failure by the Employer to comply with the Terms of Use and the requirements of processing Personal Data provided by law.
4. The rights and obligations of EHRA
4.1. EHRA undertakes to allow the Employer to use any Services that correspond to the package chosen by the Employer and for which the Employer has paid.
4.2. EHRA undertakes to mediate Employer’s job offers to Users that the Employer is interested in, if the confidentiality level determined by the Users does not allow them to contact them directly.
4.3. ERHA will issue an invoice to the Employer for the Service within 2 (two) calendar days from the receipt of the order to the e-mail address specified by the Employer.
4.4. EHRA shall have the right to unilaterally terminate the Employer’s access to the Database and Services if the Employer fails to perform or fails to comply with the obligations set forth in the Terms of Use.
4.5. EHRA has the right to not add a job offer filled in by the Employer to the Database, or to delete it from there, if the advertisement is incompletely filled in or contains material that is contrary to good practices and morals.
4.6. EHRA has the right to forward the Employer’s data to collection companies or persons for collection of unpaid invoices and default interest, whereas the costs related to debt collection are borne by the Employer.
4.7. EHRA will do its utmost to keep the Database available and usable. EHRA shall not be liable for any unexpected interruptions in the operation of the Database or for any damage caused by the interruption.
4.8. EHRA has the right to unilaterally change the Terms of Use by making the Terms of Use available to the Employer via the Database at least 10 (ten) days prior to when the changes take effect. In case of disagreement with the amendments, the Employer has the right to terminate the use of the Service by sending a corresponding notice to EHRA.
5. Copyright and use of cookies
5.1. All information contained in the Database, including Database design and software, is protected by copyright in accordance with copyright law.
5.2. All copyrights to materials published in the Database belong to EHRA or have been given to EHRA to the extent that permits their use. The Employer assigns EHRA, free of charge, any proprietary rights to any data it enters into the Database. The Employer confirms that by entering the data into the Database, the copyright of third parties is not violated.
5.3. Without the prior written consent of EHRA, the Employer shall not have the right to reproduce, distribute, transmit, translate, incorporate into any other database, make extracts of, etc. the Database or any of the information contained therein in any manner whatsoever.
5.4. EHRA uses cookies in the Database in order to provide a better user experience. Cookies allow the web servers of the Database to recognise users and customise the contents of the Database automatically to suit the user’s needs when a user visits the Database.
5.5. The Employer is deemed to have accepted the use of cookies if cookies are allowed in the Employer’s browser settings. The Employer can always decide whether or not to allow cookies in its browser.
6. Final provisions
6.1. Notifications and all information shall be transmitted from EHRA to the Employer in electronic format through the contact details entered when the Employer registered. The transmission of all notices and information from the Employer to EHRA shall take place via the e-mail address provided in the Database or the Terms of Use.
6.2. The Employer undertakes to compensate EHRA for any damage and expenses arising from the use of the Database by the Employer in conflict with the Terms of Use or legislation.
6.3. The validity of the Terms of Use begins with the acceptance of the Terms of Use by the Employer and ends with the expiry of the term of the package specified by the Employer in the joining form. The obligation to keep Users’ Personal Data confidential is valid indefinitely.
6.4. The legal relationship between the Employer and EHRA arising from the use of the Database shall be governed by the law in force in the Republic of Estonia.
6.5. Disputes arising from the use of the Database shall be resolved by the Employer and EHRA through negotiations. If agreement is not reached, the dispute shall be resolved in Harju County Court.