Privacy Policy & General Terms and Conditions
Privacy Policy
1. Declaration
Rocken® AG (hereinafter also referred to as «Rocken», “we” or “us“) processes personal data concerning you or other persons in different ways and for different purposes.
“Personal data” is all information that can be associated with a specific person, and “processing” means any handling of it, e.g. procurement, use and disclosure. This Privacy Policy explains our processing of such data (hereinafter referred to as personal data or data) if
- you visit our website https://rocken.jobs
- you purchase our services,
- you are otherwise connected to us under a contract,
- you contact us by email, letter, on social media, by SMS, via a contact form, etc.,
- you register for certain offers and our newsletter,
- you apply to us (Rocken) yourself,
- You deal with us in the context of all further data processing in connection with our offers.
For easier readability, this Privacy Policy does not mention multiple genders. But we refer to people of all genders.
Please take the time to read this Privacy Policy to learn how and why Rocken® processes your personal data, how Rocken® protects your personal data and what rights you have in this context. If you have any questions or would like further information about our data processing, we are at your disposal (Section 2).
We have aligned this Privacy Policy with both the Swiss Data Protection Act (DSG) and the European General Data Protection Regulation (GDPR). If the Privacy Policy mentions “personal data“, this also includes “personal data” in accordance with the GDPR. However, whether and to what extent the GDPR is applicable at all depends on the individual case.
2. Accountability
The following company is the “data controller”, i.e. the body primarily responsible under data protection law, unless otherwise communicated in individual cases (e.g., on forms or in contracts):
Rocken® AG
Limmatstrasse 250
8005 Zurich
Switzerland
If you have any questions about data protection, please feel free to contact us at the following address so that we can process your request as quickly as possible: info@rockengroup.com
You can then also contact the following bodies if you are a resident of the EEA: if necessary, information about the EU representative in accordance with Art. 27 GDPR
3. What personal data do we process?
We process different categories of personal data depending on the reason and purpose. The most important categories are listed below, although this list cannot be exhaustive.
For contractors who are companies, we process less personal data, because the applicable data protection law only refers to data from natural persons (i.e., from human beings). However, we process data of the contact persons with whom we are in contact, e.g. name, contact details, professional details and information from communication, and information about managers, etc., as part of the general information about companies with which we work.
You provide us with much of the data mentioned in this section (e.g., via forms, in the context of communication with us, in connection with contracts, when using the website, etc.). You are not obliged to do so, subject to individual cases. If you want to conclude contracts with us or obtain services from us, you must also provide us with data, in particular master and contract data, as part of your contractual obligation in accordance with the relevant contract.
If you provide us with data about other persons, such as information about work colleagues, if relevant, we will assume that you are authorised to do so and that this data is correct. By transmitting data via third parties, you confirm this. Please also ensure that these third parties have been informed about this Privacy Policy (e.g., by a reference to this Privacy Policy).
3.1. Base data
We refer to the basic data that we need for the processing of our business relationships or for marketing and advertising purposes and that relate directly to your person and characteristics. We process, for example, the following master data:
- Title, surname and first name, gender and date of birth
- Address, contact details such as email address and telephone and mobile number
- Nationality and status of the residence permit
- Family data (e.g., marital status) and number of children
- Language skills
- Information on professional profile and employment (e.g., employment relationship, employer, start of employment) and, if applicable, training
- Information on income and asset situation (e.g., gross income, rent and assets)
- For contact persons of companies, we also process data on relationships with the company for which you work
- Professional sector
- Work and residence permit,
- photo shoots,
- if applicable, information on trade union membership and political offices,
- information on hobbies and interests,
- information on religious affiliation,
- data in connection with your current position and the organisational framework for possible employment (e.g., information on the notice period of your current employment contract, data in connection with your position and your employment contract, professional services, work content and job satisfaction, salary request, your motivation, etc.),
- Applications, professional career and training and further education (e.g., curriculum vitae, information on certificates, diplomas, employment references or confirmations and other information on skills, competencies and qualifications, language skills, information on previous positions and employers, reference persons and their contact details).
3.2. Contract data
Contract data is information that arises in connection with the conclusion or execution of the contract, e.g., information on contracts and the services to be provided, as well as data from the run-up to the conclusion of a contract, information on the conclusion of the contract itself (e.g., on the date of conclusion and the subject of the contract), as well as the information required or used for processing. We process, for example, the following contract data:
- Date, application process, information on type and duration as well as conditions of the relevant contract, data on termination of the contract
- Contact details
- Information on use of services
- Information on payments and payment methods, invoices, mutual claims, contacts with customer service, complaints, defects, returns, information on customer satisfaction, objections, feedback, etc.
- Access data and logins
We receive this data from you, but also from partners with whom we work. Again, this data may relate to your company, in which case it is not “personal data”, but also to you if you work for a company or if you yourself receive services from us.
3.3. Communication data
Communication data is data in connection with our communication with you, e.g. if you contact us via the contact form or other means of communication. Communication data is, for example:
- Name and contact details such as postal address, email address and telephone number
- Content of correspondence
- Answers to customer and satisfaction surveys
- Information on type, time and possibly place of communication and other peripheral data of communication.
3.4 Technical data
Technical data is collected in connection with the use of our website. This includes, for example, the following data:
- IP address of the terminal and device ID
- Information about your device, the operating system of your device or language settings
- Information about your Internet provider
- Content accessed or protocols in which the use of our systems is recorded
- Date and time of access to the website and your approximate location
3.5. Behavioural data
In order to best tailor our offers and services to you or your company, we try to get to know you better and to better tailor our services to you. For this purpose, we collect and use data on your behaviour. Behavioural data is, in particular, information about your use of our website. This can also be collected as technical data. This includes, for example, information about your use of electronic communications (e.g., whether and when you opened an email or clicked on a link, in particular when sending newsletters). We can also use your other interactions with us as behavioural data, and we can link behavioural data with other data (e.g., with anonymous information from statistical offices) and evaluate this data both personally and impersonally.
3.6. Preference data
Preference data gives us information about which needs you are likely to have and which services could correspond to your interests – or those of your company. We therefore also process data on your interests and preferences. For this purpose, we can link behavioural data with other data and evaluate this data both personally and impersonally. This allows us to draw conclusions about characteristics, preferences and expected behaviour.
3.7. Other data
We may also collect data from you in other situations. In connection with official or judicial proceedings, for example, data (such as files, evidence, etc.) is collected, which may also relate to you.
4. For what purposes do we process your personal data?
We use the personal data we collect primarily to process your orders. If you have subscribed to our newsletter, we will use your email address to send it. In addition, we process personal data about you insofar as we are permitted and where it appears to us to be appropriate, including for other purposes in which we (and sometimes also third parties) have a legitimate interest relating to:
- examining application documents and the suitability of a job applicant, e.g. assessing the suitability for a specific job to which you are applying or for which we are requesting you; assessing your suitability for other jobs or positions with our partners or with ourselves, including examining or verifying documents and further information, and verifying references.
- Analysing the application process, e.g. checking your satisfaction with the application process, if you have given us your consent to do so.
- Preparation and conclusion of employment contracts, e.g. preparation, negotiation and conclusion of the employment contract (if, for example, you have successfully applied to us internally).
- For communication purposes, di.e. to contact you and to maintain contact with you. This includes answering enquiries and contacting you if you have any questions, e.g. by email. For this purpose, we process your communication and master data in particular.
- For customer care and marketing purposes, in order to provide you with targeted information about offers which correspond to your personal interests and preferences, e.g. through the newsletter and personalised advertising. For this purpose, we process technical data, master and communication data and behavioural data in particular.
- We also process data to improve our services.
- To ensure IT security and prevention: we process personal data to monitor the performance of our operations, in particular IT, our website, applications and other platforms, for security purposes, to ensure IT security, to prevent theft, fraud and misuse and for evidence purposes. This includes, for example, the evaluation of system-side records of the use of our systems (log data), the prevention, blocking and investigation of cyber attacks and malware attacks, analyses and tests of our networks and IT infrastructures, system and error checks.
- To safeguard rights to control access and other measures for IT, building and system security and to protect our employees and other persons and values belonging to or entrusted to us (such as access controls, visitor lists, network and mail scanners, telephone records).
- To uphold the law: we may also process personal data in order to enforce claims in or out of court and before authorities in Germany and abroad or to defend ourselves against claims. For this purpose, master and communication data can be processed.
- To comply with legal requirements: this includes, for example, the processing of complaints and other reports, compliance with orders from a court or authority, measures to detect and clarify abuses and, in general, measures which we are obliged to take under applicable law, self-regulation or industry standards. We may process your master and communication data in particular for these purposes.
- For administration and support: in order to make our internal processes efficient, we process data as necessary to manage IT, for accounting or for archiving data. Communication and behavioural data and technical data in particular may be used for this purpose.
- We may also process data for other purposes. This includes corporate management including business organisation and corporate development, other internal processes and administrative purposes (e.g., management of master data, accounting and archiving), training and education purposes and the preparation and processing of the purchase and sale of business units, companies or parts of companies and other corporate transactions and the associated transfer of personal data, as well as measures for business management and the protection of other legitimate interests.
If we ask you for your consent to a certain data processing operation, we will inform you separately about the respective purposes of that operation. You can revoke your consent at any time by giving us written notice.
5. What online tracking and advertising techniques do we use?
On our website, we use various techniques by means of which we and third parties engaged by us can recognise you when you use our website and, in some cases, track you over several visits. The use of such techniques is subject to special regulation. In this section, we will give you information about this.
5.1. How and why do we use cookies and similar technologies?
For our website, we use services from third parties in order to be able to measure and improve the user-friendliness of our website and our online advertising campaigns. To this end, we may integrate third-party components on our website, which in turn may use cookies. When we track you or use similar technologies, our core objective is to be able to distinguish your access (via your system) from access by other users, so that we can ensure the functionality of the website and carry out statistical evaluations. We do not want to infer your identity from this information. The technologies used are designed in such a way that you are recognised as an individual visitor each time you visit our website, for example, by our server (or the servers of third parties) assigning you or your browser a specific identification number (a so-called “cookie”).
Cookies are files that your browser automatically stores on your device when you visit our website. Cookies contain a unique identification number (an ID), by means of which we can distinguish one individual visitor from another, but usually without identifying them. Depending on their purpose, cookies contain further information, e.g. about pages accessed and the duration of a page visit. We use session cookies, which are deleted when you close your browser; and we also use persistent cookies, which remain stored for a certain period of time after you close your browser and serve to recognise visitors on a later visit. We use cookies in particular for the following purposes:
- Personalising content
- Displaying personalised advertisements and offers
- Placing advertisements on third-party websites and measuring success, i.e. whether you respond to these advertisements (remarketing)
- Saving settings between your visits
- Determining whether and how we can improve our website
- Collecting statistical data on the number of users and their use habits and improving the speed and performance of the website
- We may process your contact details in order to address you with advertising on third-party platforms.
5.2. How can cookies and similar technologies be deactivated?
When you visit our website, you have the option of activating or deactivating certain categories of cookies. You can configure your browser in the settings to block certain cookies or similar technologies or to delete existing cookies and other data stored in the browser. You can also supplement your browser with software (so-called “plug-ins”) that block tracking by certain third parties. You can find out more about this in the help pages of your browser (usually under the heading “Data protection”). Please note that our website may no longer function fully if you block cookies and similar technologies.
5.3. Cookies from partners and third parties on our website
We use services from third parties in order to be able to measure and improve the user-friendliness of our website and our online advertising campaigns. Third-party providers may also be located outside Switzerland and the EU/EEA, provided that your data is adequately protected. For example, we use analysis services so that we can optimise and personalise our website. These third-party providers may record the use of the website and combine their records with other information from other websites. This would allow them to record user behaviour across several websites and devices in order to provide us with statistical evaluations on this basis. The providers may also use this information for their own purposes, e.g. for personalised advertising on their own website or other websites.
Two of the most important third-party providers are Google and LinkedIn. You will find further information on these below. Other third parties usually process personal and other data in a similar way.
- Google Analytics, an analysis service from Google LLC (1600 Amphitheatre Parkway, Mountain View, CA, USA) and Google Ireland Ltd. (Google Building Gordon House, Barrow St, Dublin 4, Ireland; both together “Google”, whereby Google Ireland Ltd. is responsible for the processing of personal data). Google uses cookies and similar technologies to collect certain information about the behaviour of individual users on or in the website in question and the device used (tablet, PC, smartphone, etc.). Google collects information about the behaviour of users on the website and the device used, and it provides us with evaluations on this basis, but also processes certain data for its own purposes. We have configured Google Analytics so that the IP addresses of visitors are anonymised before being forwarded to the USA. Information on data protection at Google Analytics can be found here. You can deactivate Google Analytics by installing an appropriate browser add-on.
- LinkedIn Insight Tag, an analysis tool from LinkedIn Ireland Unlimited Company (Wilton Place, Dublin 2, Ireland). The LinkedIn tag, informs us that you have visited our website, which means that your IP address is also collected. In addition, timestamps and events such as page views are stored. This allows us to statistically evaluate your use of our website in order to continuously optimise it. For example, we will learn which LinkedIn ad or interaction on LinkedIn brought you to our website. This allows us to improve the way we display our advertising. The data is stored on servers in the EU/EEA and the USA. We have configured LinkedIn Insight Tag so that the IP addresses of visitors are shortened or hashed before being forwarded to the USA. Please note that LinkedIn may store the data, it may be possible to connect this data to the respective user profile, and LinkedIn can use the data for its own advertising purposes. Further information on LinkedIn’s data protection and relevant settings options can be found here.
6. How do we process data in connection with social media?
On our website, we offer you the option of using a “social media plugin” from Facebook, Instagram and LinkedIn in order to integrate functions from these providers into our websites. These plugins are deactivated by default. As soon as you activate it (e.g., by clicking on the button), the relevant providers can determine that you are on our website. If you have an account with the social media provider, they can assign this information to you and thus track your use of online offers.
We are usually jointly responsible with the relevant providers for the exchange of data that this provider collects via plugins or comparable functions (but not for the further processing by a provider). Where possible, we will have concluded an additional agreement with the provider. You can address requests for information and other data subject requests in connection with the joint responsibility directly to the relevant provider.
If you communicate with us via social media, i.e. via our profiles on Facebook, Instagram and LinkedIn, or comment on or distribute content, we collect information that we use primarily for communication with you, for marketing purposes and for statistical evaluations. Please note that when visiting our social media sites, the platform provider itself also collects and uses data (e.g., on user behaviour), if necessary together with other data known to it (e.g., for marketing purposes or to personalise the platform content). Further information on data processing by social network providers can be found in the data protection declarations of the relevant social networks.
7. Who do we disclose your personal data to?
In connection with our processing, we disclose your personal data to other recipients, in particular to our customers (potential employers), if you have expressly consented to this.
We then disclose the personal data required for their services to service providers. This applies in particular to IT service providers, but also to consulting companies, analysis service providers, credit agencies, marketing service providers, etc. Insofar as service providers process personal data as order processors, they are obliged to process personal data exclusively according to our instructions and to take measures for data security.
Data may also be disclosed to other recipients e.g. to courts and authorities in the context of procedures and statutory information and cooperation obligations, to buyers of companies and assets and to debt collection agencies.
In individual cases, it is possible that we transfer personal data to other third parties for their own purposes, e.g. if you have given us your consent to do so or if we are legally obliged or entitled to transfer it.
8. Do we disclose personal data abroad?
Recipients of data are not only located in Switzerland. This applies in particular to certain service providers. These service providers may also be located outside the European Economic Area (EEA) and Switzerland (in particular in the USA, but also in other countries worldwide). We may, for example, transfer data to authorities and other persons abroad if we are legally obliged to do so or, for example, in the context of a company sale or legal proceedings. Not all of these states currently guarantee a level of data protection that corresponds to Swiss law. We compensate for the lower level of protection by means of corresponding contracts, in particular the standard contractual clauses as issued by the European Commission and recognised by the Swiss Data Protection and Information Commissioner (DPA). Further information and a copy of these clauses can be found at www.edoeb.admin.ch/edoeb/de/home/datenschutz/handel-und-wirtschaft/uebermittlung-ins-ausland.html.
In certain cases, we may transfer data in accordance with data protection regulations even without such contracts, e.g. if you have consented to the corresponding disclosure or if the disclosure is necessary for the execution of the contract, for the establishment, exercise or enforcement of legal claims or for overriding public interests.
9. For how long do we process personal data?
We store and process your personal data for as long as it is necessary for the purpose for which it is being processed (in the case of contracts, usually for the duration of the contractual relationship), for as long as we have a legitimate interest in the storage (e.g., to enforce legal claims, for archiving and or to ensure IT security) and for as long as data is subject to a statutory retention obligation (for certain types of data, for example, a ten-year retention period applies). If there are no legal or contractual obligations to the contrary, we will destroy or anonymise your data after the storage or processing period has expired within the framework of our usual processes.
10. What is the legal basis for data processing?
Depending on the situation, data processing is only permitted if the applicable law specifically allows it. This is not the case under the Swiss Data Protection Act, but, for example, under the GDPR, where that applies. Where this is the case, our legal justification for processing your data rests on the following bases:
- on your consent (Art. 6 para. 1 a) and Art. 9 para. 2 a) of the GDPR);
- that the processing is necessary for the fulfilment of the contract or of pre-contractual measures (e.g., the examination of a contract application; Art. 6 para. 1 b) of the GDPR);
- that the processing is necessary to press or defend against legal claims or civil proceedings (Art. 6 para. 1 f) and Art. 9 para. 2 f) of the GDPR);
- that the processing is necessary to comply with domestic or foreign legislation (Art. 6 para. 1 c) and f); Art. 9 para. 2 g) of the GDPR);
- the processing is necessary for a legitimate interest in the data processing, in particular those referred to in no. 4 Art. 6 para. 1 f) GDPR).
11. How do we protect your data?
We take appropriate security measures to protect the confidentiality, integrity and availability of your personal data, to protect it against unauthorised or unlawful processing and to counteract the risks of loss, unintentional alteration, unintentional disclosure or unauthorised access. However, security risks cannot generally be completely ruled out; residual risks are unavoidable.
12. What rights do you have?
You have certain rights under applicable data protection law so that you can obtain further information about and interact with our data processing. These rights include the following most notably:
- The right to information: you may request further information about our data processing. We are at your disposal to answer questions of this kind. You can also submit a so-called request for information if you want further information and a copy of your data.
- The right to objection and deletion: you can object to our data processing and also request at any time that we delete your personal data if we are not obliged to continue processing or to retain this data, and if it is not necessary to the performance of a contract.
- The right to correction: you may correct or complete incorrect or incomplete personal data or have a note indicating a dispute added to them.
- The right to transfer: you also have the right to receive the personal data you have provided to us in a structured, widely-used and machine-readable format or to have it transferred to a third party, insofar as the corresponding data processing is based on your consent or is necessary for the fulfilment of a contract.
- The right to revocation: if we process data on the basis of your consent, you can revoke your consent at any time. Revocation only applies going forward, and in the event that you revoke your consent, we reserve the right to continue to process your data on the basis of a different legal argument.
Please note that these rights are subject to legal requirements and restrictions and are therefore not always fully available. In particular, we may need to further process and store your personal data in order to fulfil a contract with you, to protect our own legitimate interests, such as the assertion, exercise or defence of legal claims, or to comply with legal obligations. Insofar as it is legally permissible, in particular to protect the rights and freedoms of other data subjects and to protect legitimate interests, we may therefore also reject a data subject request in whole or in part (e.g., by redacting certain content relating to third parties or our business secrets). If you wish to exercise rights vis-à-vis Rocken®, please contact us in writing. Our contact details can be found in no. 2. As a rule, we must check your identity (e.g., by using a copy of your ID). You are also free to file a complaint with the responsible supervisory authority to object to our processing of your data. The competent supervisory authority in Switzerland is the Federal Data Protection and Information Commissioner (FDPIC).
Privacy policy last updated on: 20.07.2023
General Terms and Conditions for employers and business customers
1. SCOPE
Rocken® AG, Limmatstrasse 250, 8005 Zurich (hereinafter referred to as “Rocken®”) offers various solutions for job search, career planning and application management. These General Terms and Conditions (hereinafter “GTC”) apply to all products and services offered by Rocken® for employers, recruiters or other business customers (hereinafter also referred to as “contractual partners” or “you”). These GTCs apply regardless of whether the contractual partners use the products and services of Rocken® via a website (e.g., rocken.jobs rockengroup.com, rockengroup.ch, hereinafter “platforms”), via mobile applications, by telephone or in any other way.
These GTCs do not apply to job seekers.
For this group of people, our terms of use for job seekers apply.
2. USE OF PRODUCTS AND SERVICES
2.1 REGISTRATION OF A PROFILE ON Rocken®
In order to be able to use our products and services, you must create a customer account using the contact form or with one of our business managers (this account is referred to hereinafter as “Rocken® Company profile”). For this purpose, company details (in particular company, address and, if applicable, different billing address, telephone number, industry, number of employees) as well as information on a contact person (in particular name, email address and telephone number) are required.
2.2 PAID PRODUCTS AND SERVICES
The contractual partner selects the products and services offered by Rocken® from the range of services available at the time of use. The current range of services as well as the applicable prices result from the product-specific terms and conditions (if applicable) or the platforms of Rocken®.
2.3 FREE SERVICES
Rocken® also offers contractual partners the opportunity to use the following services free of charge:
- Advertisements: The contractual partner can use the Rocken® Company profile to record, publish and manage advertisements. In addition, the advertiser can create and upload templates.
- Company profile: Rocken® has developed a tool that allows contractual partners to visualise their company culture and present the public with the best possible image of themselves as an employer. In addition, Rocken® offers the contractual partner the opportunity to create a company profile and to upload a company video and to publish it on the platforms of Rocken®.
- User: The contractual partner has the opportunity to use their Rocken® Company profile to control the circle of users who are granted access to the Rocken® Company profile of the contractual partner, as well as to appoint an administrator.
- Logos: The contractual partner can upload and manage company logos and, if necessary, advertisement logos in their Rocken® profile.
Rocken® reserves the right to add new products and/or services at any time and to change or discontinue existing products and/or services in whole or in part.
2.4 PERMITTED USE
Advertisements must be published using the name and graphic layout used by the contractual partner and must contain the name and contact details of the contact person. Any further distribution, or transfer of quota for online advertising to third parties requires the prior consent of Rocken®. The advertiser is solely responsible for the content of their publications or profiles. It guarantees the correctness and topicality of the information contained therein.
Rocken® platforms may only be used to publish job postings or profiles that are intended for a proper candidate or applicant search and comply with all legal requirements. In particular, job postings or profiles may not infringe the intellectual property of third parties, personal rights or other rights of third parties. The advertiser undertakes not to publish any unlawful content via Rocken®, and in particular content with a racist, pornographic or personally-injurious character. The following content in particular is not permitted:
- immoral or indecent job offers or profiles;
- multiple job offers or profiles combined in one publication;
- job offers with incorrect or missing job title or advertisement content;
- Sjob offers for multilevel marketing schemes, pyramid schemes, working from home, donation circles, etc.;
- jobs with erotic content or jobs with escort services;
- mystery purchasing offers;
- further education and training offers;
- job offers that refer to offers for other positions or to communication or other products;
- job offers with insufficient identity or insufficient contact details, pure mailbox addresses (the exception is a cipher order (anonymous) via Rocken®).
Each published job offer must relate to a position that is actually to be filled. The advertiser (contractual partner) undertakes not to re-open a job offer until a new position has been filled. Rocken® reserves the right to remove advertisements or profiles from their offer that do not fully meet these requirements without warning and justification. Payments already made will not be refunded in this case. In addition, Rocken® reserves the right to block the contractual partner or their access to further services from Rocken® and to terminate the underlying contract.
3. DELETION OF APPLICATION DOSSIERS
The advertiser is obliged to delete application files submitted by Rocken® or the Rocken® Talent profile of job seekers immediately after completion of the application process. If the advertiser wants to save an application dossier beyond the application process, e.g. for future job offers, he must obtain the consent of the job seeker.
4. TERMS OF PAYMENT
The contractual partner’s obligation to pay for successful intermediation, other services and products begins with the conclusion of the contract for the use of the product or service (e.g., granting of a Rocken® Talent license). Invoices from Rocken® must be paid within 30 days of receipt of the invoice without deductions, unless other terms of payment have been expressly agreed. In the event of default in payment, a default interest of 5% and, from the second reminder, an additional cost-covering reminder fee will be charged. If the advertiser is in arrears with the payment of invoices, Rocken® is also entitled to suspend the services without prior notice and to block the contractual partner or their access to further services from Rocken®. If a staggered payment has been agreed upon and the contractual partner defaults on an instalment, this also triggers the due date of all outstanding instalments.
5. USE OF DATA BY Rocken® AND DATA PROTECTION
The protection of personal data is important to Rocken®. Rocken® therefore treats the personal data of contractual partners with the greatest care and in accordance with the applicable data protection regulations at all times. For more information about the use of personal data by Rocken®, please see Rocken® ‘s Privacy Policy.
The advertiser grants Rocken® the right to use the data transmitted to Rocken® in an anonymous form without restriction and to have unrestricted access to this anonymous data.
6. INTELLECTUAL PROPERTY
All property rights and trademark rights to the websites, platforms and apps of Rocken®, in particular copyrights and rights to trademarks, designs and know-how remain with Rocken®.
Rocken® grants the contractual partner a non-exclusive, non-transferable right to use the platform, apps and the products and services offered by Rocken® in accordance with these GTCs.
7. NO GUARANTEES
Rocken® does not issue any guarantees with regard to its platforms, apps or for the products and services offered by Rocken®. In particular, Rocken® does not offer any guarantee
- for the timeliness, correctness, completeness or suitability of content for a specific purpose;
- for the published job postings to be read or answered or for a successful employment to eventuate;
- for uninterrupted or trouble-free availability of the services.
Rocken® performs regular backups. Nevertheless, data loss cannot be completely ruled out.
8. LIABILITY
Rocken® is exclusively liable for damage caused intentionally or through gross negligence.
9. CONTRACT DURATION AND TERMINATION
With the signing of a cooperation agreement, with the telephone or written consent (or with the creation of a Rocken® Company profile, but at the latest when a service by the contractual partner is first used) a contractual relationship between the contractual partner and Rocken® is concluded. This contractual relationship exists for an indefinite period.
The contractual partner can terminate its contract with Rocken® at any time in writing by letter to Rocken® AG, Limmatstrasse 250, 8005 Zurich or by email to wir@rocken.jobs and request the deletion of customer data from Rocken®. In such a case, Rocken® will immediately delete the stored information and all data of the contractual partner, unless the data is necessary for the execution of the contractual relationship or for the assertion and/or enforcement of claims or other claims and Rocken® is not legally obliged to store the data. Details on deletion can be found in our data protection declaration.
Rocken® can also terminate the contract with the contractual partner at any time without giving reasons in writing by letter or by email.
If the contract is terminated by the contractual partner or Rocken® during an ongoing paid service offer, the contract ends when the products or services used by the contractual partner have been provided in full by Rocken® and the contractual partner has paid the remuneration in full to Rocken®. Deviating from this, the contractual partner may request the early deletion of publications, profiles or data; in this case, however, the contractual partner has to pay the full amount and has no claim to repayment of remuneration already paid. The same applies to deletions or blockages caused by Rocken® based on these GTCs or other contractual components. After the end of the contract, Rocken® is not obliged to store the data and documents sent to it or to return them to the contractual partner, unless storage or return has been expressly agreed or there is a legal obligation to store them.
10. AMENDMENT OF THESE GENERAL TERMS AND CONDITIONS
Rocken® will inform the contractual partner of the change to these GTCs at least six (6) weeks before they take effect, in writing. The contractual partner is entitled to object to the change in writing no later than two (2) weeks before it takes effect. If the contractual partner does not object or does not object in writing in due time, the contractual partner shall be deemed to have consented to the change and the new regulation shall enter into force vis-à-vis the contractual partner on the planned date. If the advertiser objects in good time, Rocken® has the choice of continuing the contractual relationship with the contractual partner affected by the change, subject to the old GTC, or terminating it on the date the planned change takes effect. In the notification of the change, Rocken® will inform the contractual partner of the right of termination enjoyed by Rocken®, the objection period to be observed by the contractual partner and the consequences of an objection.
11. RELATIONSHIP TO OTHER CONTRACTUAL COMPONENTS
Integral parts of the contract are (if available or applicable in the specific case) (i) the written cooperation agreement concluded between Rocken® and the contractual partner, (ii) the written offer specific to the contractual partner, (ii) the written order confirmation from Rocken®, (iv) these GTCs, (v) product-related terms and conditions and (vi) the product or service description applicable at the time of use of a product or service and published on the platforms of Rocken®. In the event of ambiguities or contradictions between the individual contractual documents, the above order of priority applies. With regard to data protection, the current version of the data protection declaration published on the respective Rocken® platform applies.
12. APPLICABLE LAW AND JURISDICTION
These GTCs and any disputes arising from or in connection with these GTCs between Rocken® and the contractual partner are governed exclusively by Swiss law. The exclusive place of jurisdiction is Zurich.
Zurich, June 2023
Terms of Use for job seekers
1. SCOPE
Rocken® AG, Limmatstrasse 250, 8005 Zurich (hereinafter referred to as “Rocken®”) offers various solutions for job search, career planning and application management. These Terms of Use apply to all products and services offered by Rocken® for job seekers (hereinafter also referred to as “users”). These Terms of Use apply regardless of whether users make use of the products and services of Rocken® via one of our websites, via mobile applications (hereinafter “apps”) or in any other way.
These Terms of Use do not apply to employers and recruiters. For this group of people, the General Terms and Conditions for employers and business partners apply.
2. PRODUCTS AND SERVICES
2.1 REGISTRATION OF A PROFILE ON Rocken®
Every user has the opportunity to create a free profile via one of our platforms (hereinafter “Rocken® profile”). For this purpose, the name and a valid email address are required. By clicking on the “Register” button, the user sends Rocken® a request to create a profile. Rocken® checks the request and creates the Rocken® profile. Rocken® will send you a confirmation link to allow you to confirm your email address. A contractual relationship between the user and Rocken® is concluded when the Rocken® profile is created, or when an application for one is made in writing (e.g., by sending the application documents by email).
After creating the Rocken® profile, the user has the opportunity to enter further data in their Rocken® profile and to use the products and services made available by Rocken® for registered users.
2.2 USE OF SERVICES WITH Rocken® PROFILE
The following free services are available to registered users:
- Profile: users can create a profile by entering personal data (e.g., address, education, interests, etc.) and uploading documents.
- 1-click application: users can apply for jobs via their profile. Rocken® uses the stored data to automatically fill in certain fields of the application form. In addition, the user can use the documents stored in their profile for the application.
- Newsletter: users can save a job search via their Rocken® profile and regularly receive suitable offers by email.
- Wishlist: users can save job offers and then access the saved job offers via their Rocken® profile.
- Rocken® platform: if the user makes their profile visible, it becomes partially visible to potential employers who are in possession of a Rocken® Company profile. The user can change this setting at any time and individually.
- Skills check: Rocken® analyses the user’s strengths using a questionnaire.
- Wage check: users can carry out a wage comparison, which, among other things, provides information about the average annual (gross) salary of other people in comparable positions. For this purpose, an email can be sent to wir@rocken.jobs.
- Rocken® Professional Search: we will contact you by phone or email to draw your attention to other interesting job offers that correspond to your previous searches and applications, or to support you in other career planning matters. The user can deactivate this function at any time.
- Digital recruiting/matching: if you apply for a job offer as a job seeker via the rocken.jobs platform and upload your application documents via one of the platforms of Rocken®, we will suggest other suitable and current job offers as a free service. For this purpose, the uploaded application data as well as the data collected about you by cookies on our website (see 5 of the Data Protection Declaration) is analysed, evaluated and compared with the current job offers by a Rocken® processor. In the event that the analysis shows that further job offers fit your application profile, a Rocken® consultant will suggest these job offers. By sending the application, you agree that Rocken® can contact you for these purposes (e.g., by email, SMS, or by telephone). Only after further approval from you will Rocken® forward your application documents to the employer who advertised the job.
Rocken® reserves the right to add new services at any time and to change or discontinue existing services in whole or in part.
2.3 USE OF SERVICES WITHOUT Rocken® PROFILE
Users without a Rocken® profile can use all services available on the Rocken® website. In particular, unregistered users can search for job offers and apply for job offers.
Rocken® reserves the right to add new services at any time and to change or discontinue existing services in whole or in part.
Digital recruiting/matching: if you apply for a job offer as a job seeker via a Rocken® platform and upload your application documents via one of the Rocken® platforms, we will suggest other suitable and current job offers as a free service. For this purpose, the uploaded application data as well as the data collected about you by cookies on our website (see 5 of the Data Protection Declaration) is analysed, evaluated and compared with the current job offers by a Rocken® processor. In the event that the analysis shows that further job offers fit your application profile, Rocken® will suggest these job offers. By sending the application, you agree that Rocken® can contact you for these purposes (e.g., by email, SMS, or by telephone). Only after further approval from you will Rocken® forward your application documents to the employer who advertised the job.
3. USE OF DATA AND DATA PROTECTION
The protection of personal data is important to Rocken®. Rocken® therefore treats the personal data of users with the greatest care and observes the applicable data protection regulations at all times. Rocken® uses personal data, among other things, to provide services for the user to use. In addition, Rocken® uses personal data to optimise the job search and job recommendations for the users of their platforms with the help of a statistical model (“job matching”). For this purpose, Rocken® evaluates the data (including data from uploaded documents) that users transmit to Rocken® as well as the behaviour of users on Rocken® platforms. For more information about the use of personal data, please see Rocken® ‘s Privacy Policy.
The users also grant Rocken® the right to use the data transmitted to Rocken® in an anonymous form without restriction and to have unrestricted access to this anonymous data.
4. COSTS
The use of the products and services offered by Rocken® under these Terms of Use is fundamentally free of charge. In the case of paid products or services, Rocken® will clearly point this out to the user before using them on the respective website.
5. THE USER’S OBLIGATIONS
All data provided must be complete, current and true. If the user provides incomplete or incorrect information, Rocken® has the right to terminate the contract at any time in accordance with Section 10 of these Terms of Use and/or to temporarily or permanently block the Rocken® profile.
The user may only use their Rocken® profile personally and is obliged to keep access data and passwords secure and not to pass them on to third parties. If a third party gains access to a user’s Rocken® profile, the user in question is obliged to inform Rocken® immediately.
6. INTELLECTUAL PROPERTY
All property rights and trademark rights to the websites, platforms and apps belonging to Rocken®, in particular copyrights and rights to trademarks, designs and know-how remain the property of Rocken®.
Rocken® grants users a non-exclusive, non-transferable right to use the platform, products and services offered by Rocken® in accordance with these Terms of Use.
7. NO GUARANTEES
Rocken® does not issue any guarantees with regard to its platforms, or for the products and services offered by Rocken®. In, particular Rocken® does not offer any guarantee
- for the timeliness, correctness, completeness or suitability of content for a specific purpose;
- for submitted application documents to be received, read or answered or for a successful job placement to eventuate;
- or for uninterrupted or trouble-free availability of the services.
Rocken® performs regular backups. Nevertheless, data loss cannot be completely ruled out.
8. LIABILITY
In accordance with applicable law, Rocken® is exclusively liable for damage caused intentionally or through gross negligence.
Rocken® also publishes third-party offers and/or links to third-party offers or websites on its platforms. Rocken® is not responsible for these third-party offers or for the content of third-party websites and excludes any liability in connection with such offers or websites of third parties.
9. CONTRACT DURATION AND TERMINATION
These Terms of Use apply for the duration of the use of services by the user, or, for users with a Rocken® profile, from the creation of the account for an indefinite period.
Users with a Rocken® profile can terminate the contract between them and Rocken® at any time by (i) sending a letter to Rocken® AG, Limmatstrasse 250, 8005 Zurich or an email to wir@rocken.jobs or (ii) deleting their Rocken® profile in the account settings. In such a case, Rocken® will permanently and irrevocably delete the Rocken® profile and all data, insofar as the data is not used to process the contractual relationship, to assert or enforce legal claims, or provided Rocken® is not legally obliged to store the data.
Rocken® reserves the right to anonymise the data instead of deleting it. The user grants Rocken® the right to use this anonymous data without restriction in accordance with Sections 3 and 5 of these Terms of Use and to have unrestricted access to this anonymous data. For more information about the use and deletion of data, please see Rocken® ‘s Privacy Policy.
10. CHANGE IN THE RANGE OF SERVICES
Rocken® reserves the right to change or discontinue the products and services offered at any time in whole or in part. The user has no claims against Rocken® arising from a change or discontinuation of products or services.
11. AMENDMENT OF THESE TERMS OF USE
Rocken® will inform the user of the change to these Terms of Use at least six (6) weeks before they take effect, in writing. The user is entitled to object to the change no later than two (2) weeks before it takes effect. If the user does not object or does not object in writing in due time, the user shall be deemed to have consented to the change and the new regulation shall enter into force vis-à-vis the user on the planned date. If the user objects in good time, Rocken® has the choice of continuing the contractual relationship with the user affected by the change, subject to the old Terms of Use, or terminating it on the date the planned change takes effect. In the notification of the change, Rocken® will inform the user of the right of termination enjoyed by Rocken®, the objection period to be observed by the user and the consequences of an objection.
12. APPLICABLE LAW AND JURISDICTION
These Terms of Use and any disputes arising from or in connection with these Terms of Use between Rocken® and the user are governed exclusively by Swiss law. The exclusive place of jurisdiction is Zurich. However, Rocken® has the right to appeal to the courts at the user’s place of residence.
Zurich, June 2023