General terms and conditions
Date of publication : 09/03/2022
Introduction
Welcome to our General Terms and Conditions (“the Terms”)
We are ClubTrust S.à.r.l a company registered in Luxembourg at 12 rue du Château d’eau, L-3364 Leudelange.
General definition:
“We”, “us”, “the Club” means ClubTrust;
“Talent”, “candidate”, means a talent registered on ClubTrust;
“Company”, “employer”, means a company working with ClubTrust to qualify or recruit talents;
“You”, means talent when used in section labelled “As a talent” or company when used in section labelled “As a company” or both talent and company when used elsewhere.
1. Acceptance of the terms and conditions
By accessing and consulting this website (the « Site »), you accept, as an essential and prior condition, the following Terms.
In this regard, you agree to be bound automatically by these Terms as well as their updates/modifications and you agree that such an acceptance shall have the same legal value as express acceptance in writing.
2. Changes to the Terms
As the content of the Site and/or the Terms might be changed from time to time by ClubTrust at its sole discretion, we invite you to consult this page regularly. The Terms’ scope is limited to their purpose as defined herein and do not alter any other agreement you might have with ClubTrust for any other purpose.
3. Governing law
These Terms are governed by Luxembourg laws. Any dispute or claim arising out or in connection with these Terms shall be subject to the exclusive jurisdiction of the Courts of Luxembourg, notwithstanding plurality of defendants and even for summary proceedings.
4. Our Service
Our Service aims to ease the connection between talents and companies and to improve the recruiting experience.
We help talents to find new jobs and we provide them with a safe-share box to manage their employability throughout their entire career.
We help companies to qualify their candidates but also recruit trustworthy talents who are members of our club.
5. Site rules
When accessing and using the Site, you agree that you shall NOT:
● Act in an unlawful or unprofessional manner;
● Create an account using a false identity or the identity of another individual;
● Create an account with a username or the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene;
● Create multiple accounts;
● Use or attempt to use another individual’s account;
● Provide any false or inaccurate information with regards to your personal data;
● Misrepresent any personal, education, or professional information when entering your personal data;
● Modify, adapt, translate, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Site or any related technology and software;
● Use any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling);
● Use bots or other automated methods to access the Site;
● Monitor the Site’s availability, performance, or functionality for any competitive purpose;
● Use features or services of the Site for any purpose other than the original intended purpose;
● Override or attempt to override any security feature of the Site;
● Engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site); and
● Distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other harmful code or items of a destructive or deceptive nature to the Site.
6. Registration
When you register as a talent
Talents can only access the Club through cooptation. The cooptation can be done by us directly or by an existing member of the Club.
Each talent is verified by us before entering the Club and we use the legal means at our disposal to carry out our due diligence, in strict compliance with GDPR laws.
We reserve the right, at our sole discretion, to accept or refuse a new cooptation. After our approval, talents receive a code allowing them to register and create their account to enter our Club.
When you register as a company
Company’s registration can only be made by a representative of the company.
We authorise companies to register on our Site when we have a working relationship with them. Such working relationship is formalized by a separate agreement which further completes the Terms (see section 7 and 8 for more details).
Account creation
When creating and registering an account, you agree to:
● Provide true, accurate, current, and complete information;
● Use your real name and email address;
● Choose a strong and secure password;
● Be responsible for the confidentiality and use of your password;
● Not transfer or resell your use of or access to the Site to any third party; and
● Not create more than one account.
Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Site.
In some cases, we may ask you to provide documents to verify the conformity of the information provided.
7. Description of Services
7.1 As a talent
The Service is designed to allow you to manage your employability and find new job opportunities.
Our service is also designed to qualify your profile efficiently in order to demostrate all your potential.
Your profile is composed of various section such as, your professional information and history, your professional objectives and ambitions, your professional wishes, your education history, your extra-professional activities and your personal documents (assessement, recommandations, achievements, personnality tests, etc.).
Your profile is confidential and not visible on our Site. We do not disclose talents’ profiles on our Site.
When completing your profile, you must select your search status:
1. Actively looking for a job
2. Open to new opportunities
3. Not looking for a job
By selecting “actively looking for a job” or “open to new opportunities”, we use our matching technology to identify job offers that match your preferences. If we identify job offers that may fit with your preferences, we present you the company profile and the job offer.
Upon your approval, we transfer your application including your entire profile to the company’s representative. Thus, only if you agree, the employer has access to your personal details and information.
Once we have shared your profile, a connection is made and the employer becomes responsible to contact you and organize the next steps of the recruiting process, including interviews and contract signing.
Our coaches support the overall process and are in touch with both parties to ease the connection.
By selecting “not looking for a job”, we will not propose any job offers to you. In this case, you can use our Service as a safe-share box and continue to enrich your profile until you are actively looking for a new job or open to new opportunities.
At any time, you can change your search status. We will ask you to confirm your search status regularly to offer you the best user experience.
Once your profile has been validated, you become a member of Clubtrust and you can download your membership certificate. If you decide to share your membership certificate with a third-party, they only have access to partial information which includes your name, your first name, your job position, your industry, your ClubTrust Transparency Index and others key profiles figures.
7.2 As a company
Qualification services
We offer qualification services where the company asks us to qualify a given candidate as part of their recruitment process.
Once ClubTrust and the company have signed a Qualification Agreement to work together, we contact the candidate to integrate him/her within our Club and offer him/her the same services as a regular talent. Henceforth, the candidate will have the opportunity to access our platform and complete his/her profile (see previous section 7.1 for more details).
As part of our qualification services we grant a secured access to our platform to the company, in order for the company to access the candidate’s profile.
Search services
We facilitate the recruitment process by giving you up-front extra confidence when connecting you to talents who correspond to your research. We also give you the opportunity to recruit talents based on their level of quality and transparency, a measure reflected by our ClubTrust Transparency Index (see next section for more details).
Companies’ profiles and jobs offers are not visible publicly on our Site. ClubTrust is not a job-board and we do not advertise for companies on our Site.
Once ClubTrust and the company have signed a Recruiting Agreement to work together, ClubTrust uses its matching technology and its ClubTrust Transparency Index to search for potential candidates who correspond to the company’s needs.
We present the company’s profile and the job offer to talents who we have pre-selected. Upon the approval of talents, we transfer their application and profiles details to the company.
To transfer profiles details to the company, we grant a secured access to our platform to the company, in order for the company to access only the selected profiles.
A connection is made once we transfer talents’ profiles to the company. After the connection, the company has a complete access over the talent application and profile, gaining time and confidence.
The company is responsible to take over the recruitment process after we make the connection. The recruitment process may include organizing interviews, asking for additional information and tests, negotiating the offer and submitting a contract offer. Our role is to support both the company and the candidate throughout the recruiting process to ease and smooth the recruiting experience.
7.3 The ClubTrust Transparency Index
The ClubTrust Transparency Index (“the Index”) developed by ClubTrust aims to determine the level of transparency and quality of each talent. This Index is key to ensure that our talents’ profiles are trustworthy.
We use this Index to ease our matching, facilitate the connection and accelerate the recruiting process by sharing an extra-level of confidence up-front.
Our Index is an algorithm that relies on qualified information and other declarative information provided by talents. We use a ranking and weighting system to value all data and determine the quality of talents’ profiles.
To develop our algorithm, we rely on market feedbacks given by companies and talents. Our algorithm is always evolving as we are continuously seeking to improve our model and strengthen confidence within our Club. Thus, by registering as a talent or a company, you understand that we may change how we calculate the Index, at our sole discretion.
The ClubTrust Index values the following non-exhaustive list of information and data:
● Personal data (e.g. profile photo, job title, job description, level of experience, age, presentation video, etc.)
● Professional data (e.g. employment history, education history, references, credentials, assessments, skills, etc.)
● Professional objectives and ambitions (e.g. search status, industry, type of contract, location, salary, availability, etc.)
We consistently use market feedbacks received from companies and talents to adjust, correct and improve the above list of information and data.
In addition, we use all mean at our disposal, in compliance with GDPR laws, to verify and authenticate the quality of data provided by talents. We do so to strengthen our Index and provide the best value to both talents and companies.
8. Service fees
8.1 As a talent
The Service is free for the talent.
Nonetheless, we may introduce new features and functionalities that could be charged to talents in the future.
When we connect a talent and a company, the talent is required to notify us within 5 days if he or she enters into a contract of employment or a freelance contract with a company identified through the Site.
The notification is mandatory for a period of 12 months following a connection as defined in article 7.2.
8.2 As a company
Qualification services
Companies can mandate us to qualify a given candidate as part of their recruitment process. In such cases, we enter into a Qualification agreement with the company.
The details of our services and the prices are detailled within this separate Qualification agreement.
Search services
Companies can mandate us to search talents for an open position at their firm.
In such case, companies will only pay a success fee. The fee will be due when the company signs a contract of employment with a candidate identified through our Services and this during the 12 months following a connection.
To activate our Services and for us to perform our matching, a Recruiting Agreement is signed between ClubTrust and the company. The Recruiting Agreement is mandatory to formalize our work relationship and it comes in addition to the Terms.
The Service fees are detailed within the Recruiting Agreement, as well as the rights and obligations of each counterparty.
In case the employer contacts a talent through any communication channels and signs a contract with a talent with whom he made a connection using our Service, the employer agrees to notify us within 30 days and send us the copy of the contract.
The notification is mandatory for a period of 12 months following a connection as defined in article 7.2.
A connection with a talent is made once we transfer the talent profile and application to the company.
In case the company does not notify ClubTrust about the signature of the employment contract with the candidate with whom the connection has been made using our Service, the company agrees to pay a flat penalty fee, as detailed withing the Recruiting Agreement.
By using our Service, the company acknowledges that even if we use our best efforts to qualify talents, notably through the ClubTrust Transparency Index, ClubTrust cannot be held responsible for talents’ quality and behavior.
9. Legal information
The editor of the Site is the Luxembourg company ClubTrust S.à.r.l, having its registered office at 12 rue du Château, L-3364 Leudelange (Luxembourg).
10. Site hosting
The Site is hosted through OVH services, on servers located in France.
11. Property rights
Logos, copyright, trade names, pictures and databases are the property of ClubTrust. Access to and use of the Site shall not be construed as assigning nor granting any license of these proprietary rights. Are therefore excluded under these terms and conditions, without limitation, the rights to (i) reproduce, represent, adapt and/or translate the Site and/or its content, in whole or part, (ii) extract, the Site and/or its content, in whole or part, or create any derivative work from the Site and/or its content, in whole or part.
12. License to use your Content
To use our Service, you are allowed to post, edit, upload, store and share content and data such as text, photos, videos or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
13. Liability
The Site and its content are made accessible on an « as is » and « as available » basis. Access and use of the Site are made at your sole risk. In no event may ClubTrust, its related partners, agents or employees be liable in this respect without limitation for any damage arising out or in connection with access, use, unavailability of the Site or the materials contained in it or accessed through it, including loss of data or of programs, loss of use, financial loss, any deterioration or infection by viruses of your information technology equipment (including but not limited to software, hardware, connections and any system).
14. Privacy
When you visit the Site, we may gather personal data, notably processed by an automated system. Please refer to our Privacy for any further information.
15. Hypertext links
ClubTrust is not responsible for hypertext links to other sites, particularly for those sites’ content or privacy policies. We have no control and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services.
You further acknowledge and agree that ClubTrust shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third- party web sites or services that you visit.
16. Termination
We reserve the right to limit your access and use of the Site at our discretion. We reserve the right to restrict, suspend, or terminate your account if we believe that you may be in breach of this Terms or law or are otherwise misusing the Site (e.g. violating any the Site Rules).
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you should notify us in a written way in order to cancel the access.
17. How to contact us
If you have a question or complaint regarding the Site, please contact us by post or by email at privacy@clubtrust.io