Terms of Use Candidates

Dutch Remote offers job opportunities on its website www.dutchremote.com for job seekers and candidates looking for a new step in their career. By offering remote and hybrid jobs, we want to contribute to you being able to fulfill your working life in your own way, and your personal development and growth as a person and professional. Moreover, together with you, we want to contribute to the fight against climate change. We do this by making part of our own income available to charitable organizations.

This document contains the terms of use that apply when you, as a candidate, use the services of Dutch Remote (hereinafter “DR”). The terms of use contain the rights and obligations that apply when you, as a candidate, create a candidate profile and wish to respond to one of the vacancies published on DR’s internet site by employers.

We realize that the terms of use are voluminous, so we have prepared an abbreviated summary containing the most important points of the terms of use. This abbreviated summary can be found on DR’s internet site. With these terms of use (and abbreviated summary), we want to protect you as a candidate from unwanted disclosure of data that may violate your privacy and thus prevent possible misuse of your data by third parties. This is because DR wants to offer candidates a safe user environment.

In no way does this mean that you, as a candidate, are not deemed to be familiar with the full terms of use contained in this document. Each time you, as a candidate, use DR’s Internet site or access the candidate profile you have created within DR’s Internet site, you are deemed to have read, accept and comply with the terms of use contained in this document.

If you as a candidate cannot accept the terms of use below do not use the services offered on DR’s internet site.

DR may revise the Terms of Use at any time. The new revised version will be posted on DR’s internet site. We recommend that you regularly inform yourself of the Terms of Use (including in case of changes) because they are applicable at any time when you are a candidate using DR’s internet site and/or logging into the candidate profile on DR’s internet site.

Below are the terms of use that you must observe as a user of DR’s services:

Article 1: Applicability of the terms of use

1.1 These Terms of Use apply to job seekers/candidates, being natural persons, who wish to use all services offered by DR on its website. The Terms of Use also apply to the job seeker/candidate who creates or has created a candidate profile on DR’s Internet site or logs in to it.

1.2 The job seeker/candidate will be actively asked to accept the Terms of Use when creating a candidate profile. By accepting the terms of use by the job seeker/candidate, the job seeker/candidate declares to have taken note of the terms of use, to fully agree with them and to comply with the terms of use for each first and subsequent use of DR’s services.

1.3 If the job seeker/candidate does not fully accept the Terms of Use, the job seeker/candidate cannot use the services offered by DR on its Internet site, nor can a candidate profile be created. Thereby, the job seeker/candidate cannot respond to job postings. Any further use of DR’s services is therefore strongly discouraged in that case.

1.4 The services DR offers on its Internet site to job seekers/candidates are aimed at natural persons looking for a new job (as an employee), internship (as a trainee) or assignment (as a freelancer or ZZP’er).

1.5 Job seekers/candidates are not allowed to use DR’s services in any other way as described in Art. 1.4. That is, job seekers/candidates may not use the services provided by DR for commercial purposes or copy and/or reuse data for any other purpose.

1.6 DR has the right at all times to ask job seekers/candidates to identify themselves. Naturally DR will only do so if there is an urgent reason to do so. Job seekers/candidates are not obliged to comply. DR will use an external service provider for possible identification. By making the requested documents available to the external service provider via DR’s Internet site, the job seeker/candidate consents to the sharing of provided documents with the external service provider and the use of your documents by the external service provider for identification purposes.

1.7 If one (1) or more provisions of these user terms and conditions are null and void or declared null and void by a court of competent jurisdiction, the remaining provisions of these user terms and conditions shall continue to apply unchanged.

1.8 If Article 1.7 occurs, DR will include new provisions to replace the void and/or voided provisions in these Terms of Use as soon as possible. The amended version of the Terms of Use will be published on DR’s internet site. Job seekers/candidates are advised to regularly check for changes to the Terms of Use.

1.9 Job seekers/candidates who fail to comply fully or partially with the provisions contained in this User Agreement may temporarily or permanently lose access to the candidate profile. In extreme cases, DR reserves the right to delete the candidate profile in its entirety.

1.10 Job seekers/candidates are given the option to delete the candidate profile at any time. DR has the right to delete the candidate profile if the job seeker/candidate has not used DR’s services for more than 1 year.

Article 2 Definitions

2.1 In these Terms of Use, the following definitions are used:

Dutch Remote: Dutch Remote V.O.F., established in Zeewolde, registered under the Chamber of Commerce number: 84128275 further referred to in these terms of use as DR.

Job seekers/candidates: The natural persons who are looking for a new job (as an employee), internship (as a trainee) or assignment (as a freelancer or ZZP’er). In the remainder of these terms of use, job seekers/candidates are referred to as “candidates”.

Employer: Any employer or other user that posts or has posted one (1) or more job openings on DR’s Internet site on behalf of itself or another.

Internet site: the portal opened by Dutch Remote on the Internet, which is accessible to employers, job seekers and other interested parties via www.dutchremote.com and all other Internet sites of DR accessible via sub-level domain names related to this domain name.

Candidate Profile: Candidates are offered the opportunity to create a personal account on DR’s Internet site. Only with the creation of a personal account can the candidate respond to job postings published on DR’s Internet site by employers and send messages to employers.

Elevator pitch: Candidates are given the opportunity to present themselves to the employer in an elevator pitch. This pitch consists of an image recording that the candidate can upload in “My Profile” in the created candidate profile.

Article 3 Creating a Candidate Profile.

3.1 By creating a candidate profile, the candidate agrees to all terms of use that DR has included in these terms of use. The candidate will be made aware of Terms of Use, may read them and will be actively asked to agree to the Terms of Use before a candidate profile is created. If the candidate does not agree to the terms of use, a candidate profile cannot be created.

3.2 The candidate may only create one (1) candidate profile on DR’s Internet site. The candidate may not impersonate another person when creating the candidate profile. The candidate profile is personal and therefore not transferable to another person. The candidate must keep strictly confidential all data and passwords that give access to the candidate profile. The candidate is responsible for all use of data and passwords, and all activities that take place within the candidate profile.

3.3 If an unauthorized third party has (or has had) actual or potential access to the Candidate Profile, the Candidate must immediately change the password that allows access to the Candidate Profile to eliminate and prevent unauthorized third-party access.

3.4 The candidate shall ensure that all data which DR indicates are necessary for the creation of a candidate profile, or which the candidate should reasonably understand are necessary for the creation of a candidate profile, are completed. The data added to the candidate profile must be free of viruses and any other form of techniques detrimental to the use of the candidate profile and the operation and accessibility of DR’s Internet site in general.

3.5 The data that the candidate enters in the candidate profile or mentions in an elevator pitch may not contain any information that is offensive to others about, among other things, racial or ethnic origin, genetic origin, political beliefs and views, religious beliefs, memberships in activist or nonactivist movements, biometric data, or data about sexual orientation and the candidate’s sex life. If the candidate includes such data in the candidate profile or elevator pitch and DR observes this itself or is made aware of it by third parties, DR will immediately proceed to temporarily or permanently block access to the candidate profile.

3.6 Management of the candidate profile rests exclusively with the candidate. If necessary, the candidate shall ensure that changes are made to the data included in the candidate profile so that the data in the profile are correct and complete at all times.

3.7 In principle, only candidates over the age of 16 can create a candidate profile on the DR website. If the candidate is under 16 years of age (and wishes to apply for an internship position as a trainee), a candidate profile must be created under the supervision of a parent, legal guardian or authorized adult.

3.8 The candidate profile may not be used by the candidate to obtain a loan (mortgage or personal), any form of monetary compensation or license.

3.9 When creating a candidate profile, the candidate will be asked to provide personal data (such as name, date of birth, address, email address and telephone number). DR will ask the candidate when creating a candidate profile to provide only those personal data that are customary in the case of applying for a new job, internship or assignment. The provision of personal data is a one-time process. By (re)using the entered data in case of an application, the candidate can quickly and efficiently respond to vacancies and internships that meet the preferences of the candidate.

3.10 Creating a candidate profile in no way creates an agreement or contractual obligation between the candidate and DR. Creating a candidate profile is free of charge and serves only to respond to job and internship offers made by employers.

3.11 Employers pay a fee for posting job openings and internships. When employers use DR’s services, the “Employer Terms and Conditions” apply and not the “Candidate Terms and Conditions” which apply only to candidates.

3.12 If DR also offers other services or products other than being able to respond and apply to vacancies published by clients to specific candidates via the domain name www.dutchremote.com or related sub-level domain names, a fee may be payable. These services or products will be offered on DR’s internet site and not through the candidate profile. When purchasing the aforementioned services or products, it will be stated which fee applies and under which conditions these services and products are provided.

3.13 When creating a candidate profile, in addition to, among other things, personal data, the candidate will be asked to upload a CV or to copy the data from the CV into the designated fields in the candidate profile. If the candidate chooses the latter, DR can make a better match between the candidate’s data and stated preferences and available vacancies.

3.14 Candidates are also offered the opportunity to upload an elevator pitch in the candidate profile. DR emphasizes that this is not a requirement. In this pitch, the candidate introduces himself to the employer, and the employer gets a first impression of the candidate. This may increase the candidate’s chances in the application process. DR is in no way liable for the content and/or quality of the candidate’s elevator pitch and whether or not the candidate’s pitch contributes to success in the application process.

3.15 The candidate is not allowed to include statements in the application or in the elevator pitch that infringe on the rights of third parties and to make statements that may be harmful, intimidating or offensive to others in any way. Similarly, displaying such behavior and including hurtful, shocking or other similar images in the elevator pitch is expressly not permitted. If DR itself or from signals from third parties learns and determines that this is the case, and thus believes that the candidate has not complied with the foregoing, DR has the right to immediately proceed to remove the entire candidate profile. Of this DR will actively notify the candidate. DR reserves the right in such cases to block access to the candidate profile and delete the profile.

3.16 After completing the requested data in the candidate profile, the candidate is asked to check it for completeness and accuracy and compliance with previous requirements. By choosing “save settings,” DR assumes that the candidate has verified all data entered by the candidate. DR thereby disclaims any liability for incorrect entry of candidate data. Therefore, candidates and clients cannot derive any rights from the presented data and statements included in the responses of candidates to job or internship postings posted by the client.

3.17 By creating a candidate profile on DR’s Internet site, the candidate agrees to DR sending messages to the candidate for the purpose of alerting the candidate to available vacancies that match the candidate’s resume and/or preferences for a job, assignment or internship.

Article 4 Requirements and conditions vacancies when responding to a vacancy

4.1 The information in the vacancy text posted by the employer on DR’s internet site must comply with all requirements set by Dutch law. Texts for vacancies prepared by the employer for the purpose of posting on DR’s internet site are not reviewed by DR prior to publication on the internet site.

4.2 However, if DR determines, or it is pointed out by third parties, that the information included in the vacancy text does not comply with the requirements of Dutch law, or is unusable, incomplete or damaged, DR has the right to suspend the execution of the agreement with the employer and to remove the vacancy from the internet site. DR will only do so after the employer has been made aware of the omission and the employer has been enabled to remedy the omission unless there has been gross misconduct and/or the employer fails to respond to messages from DR in this regard. Should the candidate believe that the vacancy text posted by the employer on DR’s internet site does not comply with the foregoing, DR requests that the candidate notify DR.

4.3 Advertisements of the employer appearing in company film and/or video message of the recruiter must meet the requirements set by Dutch Legislation and Advertising Code Committee. DR will not check this, so DR declines in advance any form of liability with respect to non-compliance with Dutch Legislation and Advertising Code Committee. Should the candidate believe that the vacancy text, company film or video message posted by the employer on DR’s internet site does not comply with the foregoing, DR requests the candidate to report this to DR.

4.4 DR expressly disclaims any form of liability with respect to the data provided by the employer when creating an employer account and/or subsequently modified within the employer account by the client, and included in the job posting.

4.5 If the candidate is interested in a vacancy published by the employer, DR will attempt to forward applications and/or other responses from candidates to the email address provided by the employer. If the employer has provided an incorrect email address for receiving applications or other responses from candidates in the employer account or in the published vacancy text, the candidate shall indemnify DR from any resulting damages.

4.6 If the candidate has indicated a desire to apply for a vacancy, the candidate shares (some of the data provided by the candidate) with the employer. The candidate agrees to this by applying. The candidate is given the opportunity to indicate whether or not the elevator pitch will be shared with the employer. The candidate indicates this within the candidate profile.

4.7 DR has no control over the employer’s handling of the candidate’s data. DR also cannot guarantee that the employer receives the application in good order and/or responds to the candidate’s application. DR cannot be held accountable for the content of the employer’s response to the application or other response. Nor can DR guarantee that the published vacancy is still open at the time the candidate applies. We disclaim any liability in this regard in advance. Candidates should verify the identity of the employer prior to sending an application and/or other responses. DR advises candidates not to send personal information, solicited or unsolicited, to private email addresses provided by the employer.

4.8 DR advises candidates at all times not to share data, through the candidate profile or in any other way with employers and other third parties, that relates to identification documents (such as passport and driver’s license), BSN number and/or bank and credit card information.

4.9 DR is not liable for investments made by the candidate in relation to job applications.

4.10 The candidate agrees that an automatic job alert will be sent to the candidate if, in DR’s judgment, the content of a job posting matches the CV and preferences that the candidate has specified in the candidate profile.

4.11 The candidate agrees that DR will not send automatic job alerts on behalf of employers if, in DR’s judgment, the content of a job posting matches the resume and preferences provided by candidate in the candidate profile.

4.12 Candidates who no longer wish to receive alerts as referred to in articles 4.10 and 4.11 may indicate this within the candidate profile. Should the candidate unintentionally stop receiving alerts because this option has been disabled within the candidate profile by the candidate, DR is not liable for any adverse consequence or damage whatsoever resulting from this.

4.13 In creating the candidate profile, the candidate agrees to receive questionnaires via email to help DR improve and maintain its quality standards, and/or to receive newsletters and other commercial communications.

4.14 The candidate may notify DR via email that he/she no longer wishes to receive the information mentioned in 4.13 above. The withdrawal will take effect within 1 month of receipt of the request.

4.15 In principle, DR advises against the sharing of data by candidates included in the candidate profile with third parties (other than employers who have posted vacancies on the DR website). Should the candidate nevertheless proceed to do so, DR rejects in advance any form of liability arising from misuse by third parties of data from and about the candidate.

4.16 Candidates shall not harass through DR’s Internet site other natural persons or employers who publish vacancies on DR’s Internet site with unnecessary and excessive amounts of messages, with threats, insults or any form of discrimination or spreading unjustified accusations. If DR determines this itself or is made aware of it by third parties, DR will proceed to temporarily or permanently block access to the candidate profile and possibly delete the entire candidate profile.

4.17 The candidate is offered the opportunity to view previous job applications through the candidate profile. DR has the right to analyze stored job applications for the purpose of improving the services DR offers and aligning them with candidates’ use of the Internet site.

4.18 DR has the right to use data entered by the candidate in the candidate profile in the automatic completion of forms for other services offered by DR on its Internet site or related sub-level domain names.

4.19 DR has the right to store and use analytical data relating to Candidates’ user behavior. DR will do so in such a way that the data collected by DR cannot be traced back to the candidate.

4.20 The candidate is given the opportunity to indicate in the candidate profile whether the candidate is “available” or “not available”. Employers with access to the CV database can thus see whether or not candidates can be approached. By default, it is assumed that the candidate is “available.” The candidate can indicate in the candidate profile that this is not the case.

Article 5 Privacy

5.1 The privacy terms used by DR can be viewed on DR’s Internet site.

5.2 Telephone conversations between DR and the candidate may be recorded for the purposes of information, assignment, training, coaching and assessment (including of DR employees). This will be reported prior to the conversation. Recordings of telephone conversations will be secured and stored in such a way that they are not accessible to unauthorized persons. Recordings of telephone conversations will not be kept longer than necessary for the purpose for which they were collected.

Article 6 Charitable donations

6.1 In addition to providing quality services to candidates, DR places great importance on supporting charitable organizations assessed and/or possibly recognized by, among others, the agencies Givewell, ACE, Founders Pledge, (see website: doneereffective.nl), the CBF (Central Bureau on Fundraising) or Goede Doelen Nederland. To support these organizations, DR makes part of its income from the placement of vacancies by employers available to DR selected charitable organizations. No contribution is asked of the candidate in any way. DR announces its selected organizations through its internet site.

6.2 The candidate has influence in the choice of charitable organizations to which DR donates. Within the candidate profile, the candidate may indicate a preference as to how DR donates to charitable organizations. If the candidate does not make a choice, DR reserves the right at all times to make its own choices in the charitable organizations to which DR donates.

6.3 DR regularly tests whether its selected charitable organizations continue to be positively assessed by the bodies mentioned in article 6.1 and/or retain recognized charity status. DR is in no way liable for making donations to charitable organizations previously positively assessed and/or recognized by the bodies mentioned in article 6.1 whose positive assessment is revised and/or recognition is withdrawn at any time for whatever reason.

Article 7 Complaints

7.1 Complaints about DR’s services must be reported by the candidate to DR by e-mail or in writing. DR requests the candidate to describe the complaint in as much detail as possible so that DR is able to respond adequately. If a complaint is well-founded, DR will adjust its services accordingly as soon as possible.

Article 8 Intellectual property and copyrights

8.1 All intellectual property rights with respect to services, software, products and materials, in connection with the preparation and delivery of services to candidates, belong to DR.

Article 9 Maintenance and warranty

9.1 DR is at all times entitled to take the internet site (temporarily) out of use or to limit its use in the event this is necessary for the maintenance and/or modification of the internet site, without this giving rise to any right to compensation for candidate.

9.2 DR will make every effort to have maintenance work performed outside business hours and on weekends whenever possible.

9.3 DR is not obliged to inform the candidate personally of the decommissioning of the internet site but will inform the candidate of this as soon as possible through the internet site.

9.4 The content of DR’s internet site is compiled with the greatest possible care. However, DR does not guarantee that the internet site is free from unauthorized use by third parties and/or that the information on DR’s internet site is complete and accurate, and/or that DR’s internet site will operate intermittently and will be free of errors.

9.5 DR’s internet site may contain references (for example by means of a hyperlink, banner or button) to sub-level DR websites and/or third-party websites. DR has no control over (the content of) third-party websites and cannot be held liable in any way for the operation and/or content of these websites.

Article 10 Confidentiality

10.1 The Candidate acknowledges that she will/may have access to DR’s confidential data. This means those data that cannot be accessed and viewed by visitors to the Internet site via the Internet site.

10.2 The candidate is required to maintain the confidentiality of DR’s confidential information. Accordingly, the candidate shall keep such information confidential at all times and shall not disclose and/or duplicate it without DR’s prior express written consent.

10.3 Candidate shall not use the data and information referred to in Article 10.1 for any purpose other than that for which they were made available or make them available to third parties in any way.

10.4 This duty of confidentiality does not apply if the candidate is required to disclose under the law or a binding court order, or if the information, without being caused by a breach of this duty of confidentiality, is of common knowledge.

Article 11 Force Majeure

11.1 DR is not required to fulfill any obligation to the candidate if he is hindered from doing so as a result of a circumstance that is not due to fault, and is not for his account under the law, a legal act or generally accepted practice.

11.2 In addition to its definition in law and jurisprudence, force majeure includes all external causes, foreseen or unforeseen, over which DR has no control, but which prevent DR from being able to provide services, including strikes or disruptions in DR’s or third parties’ business.

11.3 DR may suspend its obligations under the agreement during the period of force majeure without incurring any obligation to compensate the candidate.

Article 12 Applicable law and disputes

12.1 All possible disputes arising from this user agreement will be settled exclusively by the competent court.

12.2 DR and the candidate agree to make every effort to resolve a dispute prior to submission to the competent court in a manner acceptable to both parties.

Date: December 1, 2021