Terms &
Conditions

1. Scope of application

Energy Talents (hereinafter also referred to as the provider or operator) operates a platform for the placement of foreign applicants who are seeking employment in Germany with German companies. By using our website and our services, applicants and companies agree to the following terms of use.

2. Description of services

The operator offers foreign applicants the opportunity to support them in their search for employment in Germany by introducing them to companies in Germany that have corresponding vacancies to fill. The operator acts as an intermediary between applicants and companies and provides a platform for making contact and exchanging data.

3. Registration

Registration is required to use the platform. Applicants must register by providing their name, contact details and other information in order to access the platform’s services. Registration creates a free contractual relationship between the applicant and the platform operator. Registration takes place in compliance with the applicable data protection regulations. The operator may restrict or extend the range of functions of the platform at any time.

4. Placement service

The operator does not guarantee the successful placement of applicants with companies or vice versa. The actual recruitment or selection is at the discretion of the parties involved (applicants and companies).

5. Responsibilities of the parties

If applicants use the functionality to fill out forms and thereby submit information, they are responsible for ensuring the accuracy of their information. Companies are obliged to treat the information provided by applicants as confidential and to use it solely for the purpose of recruitment.

6. Fees

The use of the platform is free of charge for applicants. Companies may be subject to fees for certain services or premium functions, which are set out in separate agreements.

The applicant has no claims against the platform operator for reimbursement of expenses or other costs incurred in connection with an application or an interview.

7. Contract term and cancellation

The contractual relationship runs for an indefinite period and can be terminated by either party with immediate effect at any time without notice. Notice of termination must be given in writing or electronically to the other party. The right to extraordinary cancellation remains unaffected.

The contractual relationship and thus the right to use the platform ends automatically and immediately if you as an applicant request the operator to delete all your data stored on the platform. In these cases, no express declaration of cancellation by the operator is required.

Upon termination of the contractual relationship, we will archive your profile. We will permanently delete your account no later than twelve months after termination of the contract. This does not apply if we still need the relevant data to enforce claims against the applicant or if we are legally obliged to retain the data.

8. Type and scope of use

The applicant provides the operator with information about their professional qualifications, their professional career (CV), their requirements and criteria for a new position. This can be done by e-mail to the operator or by the applicant filling in ready-made forms on the platform. By submitting this information, the applicant authorizes the operator to transmit his data to selected companies that fill corresponding positions or their contractual partners – this also includes other recruitment agencies. If the applicant’s qualifications match the requirements of the relevant vacancy, the provider transmits the applicant’s data to the company. 

Your personal data will only be passed on for the purpose of introducing you to the company. It is at the sole discretion of the provider to decide whether an applicant is qualified for an open position and to which company the applicant’s data will be forwarded. 

If the company is interested, the operator will introduce the company to the applicant and enquire about the applicant’s interest in starting an application process. At this point, the operator may ask for further professional information. If there is mutual interest, the operator establishes contact between the company and the applicant. The company can then contact the applicant and invite them to an interview.

The provider is not obliged to inform the applicant about current vacancies or to offer job vacancies. The provider does not owe any economic success, in particular no conclusion of an employment contract between the company and the applicant or the provider and the applicant.

The provider does not owe the applicant any placement or placement success with regard to the conclusion of an employment contract. Whether an employment contract is concluded between the applicant and the respective company to which the provider introduces the applicant after an interview is at the discretion of the respective company. The provider does not guarantee the conclusion of an employment contract.

As long as the applicant makes use of the provider, the provider is authorised to contact the applicant and introduce him/her to new jobs. In addition, the provider is authorised to contact the applicant to provide further professional information, to discuss the applicant’s wishes and preferences, as well as the current status of the interview process and its further coordination. Contact may be made by telephone, email or messaging service (e.g. WhatsApp, iMessage, SMS). The applicant acknowledges that the provider may conduct regular surveys to improve the service in order to be informed about current market developments. The Provider is authorised to send the Applicant an invitation to participate in the respective survey by e-mail or to contact the Applicant by telephone or messaging services (e.g. WhatsApp) for this purpose. In order to select suitable positions for the applicant, the job placement process involves processing the job preferences, CV and address provided by the applicant using algorithms and statistical methods.

The data and documents provided by the applicant during the entire process are made available by the applicant. The provider is not responsible for their up-to-dateness, accuracy and completeness and does not guarantee this.

Furthermore, the provider is also authorised to send the applicant information by e-mail that may be of interest to him/her in the context of his/her job search in Germany (e.g. in connection with relocation, language courses, accommodation, etc.). The provider accepts no liability for the up-to-dateness, accuracy and completeness of this information.

9. Exclusion of liability

The provider accepts no liability for damages arising from the use of the platform or the inability to use the platform, unless these are due to gross negligence or intent on the part of the platform.

10. Rights to data processing, data backup

The applicant grants the provider, for the purposes of executing the contract, the right to both store and reproduce the data provided by the applicant, insofar as this is necessary for the provision of the services owed under this contract. The Provider shall also be entitled to store the data in a backup system or separate backup computer centre. The provider is also authorised to make changes to the structure of the data or the data format in order to rectify faults. The provider shall not be granted any further rights of use or exploitation and, in particular, shall not publish the content uploaded by the applicants to the platform and make it accessible to third parties unless this is necessary for the purpose of the contract.

11. Data protection

The Provider shall process and use the applicant’s data collected during the performance of the Agreement and within the scope of these General Terms and Conditions to the extent necessary to fulfil the Agreement in accordance with all applicable European and German data protection regulations. The Platform’s Privacy Policy applies. The applicant is aware that the fulfilment of the Agreement involves the transfer of personal data to companies with which the Provider cooperates in order to place the applicant and find the right person for the right job in accordance with these General Terms and Conditions and the Privacy Policy. The Applicant is aware that the provider may contact him/her by phone, email or messaging service (e.g. WhatsApp, iMessage, SMS, LinkedIn Message) and suggest suitable companies. The applicant recognises that when using the messaging services, data may be transferred outside the EU and that the operator of the respective messaging service can access the applicant’s phone book. The provider has no access to it and cannot influence the transfer of data abroad. 

If the applicant transmits the data of third parties, the applicant assures that he/she has obtained consent from the third party and indemnifies the provider against any claims in this regard.

The rights of the applicant or the person affected by the data processing arise in particular from the following standards of the GDPR:

– Article 7 (3) – Right to withdraw consent under data protection law

– Article 15 – Right of access by the data subject, right to confirmation and provision of a copy of personal data

– Article 16 – Right to rectification

– Article 17 – Right to erasure (“right to be forgotten”)

– Article 18 – Right to restriction of processing

– Article 20 – Right to data portability

– Article 21 – Right to object

– Article 22 – Right not to be subject to a decision based solely on automated processing, including profiling

– Article 77 – Right to lodge a complaint with a supervisory authority

To exercise these rights, the applicant or data subject is requested to contact the provider by email or, in the event of a complaint, the respective supervisory authority.

The provider assures that it has taken appropriate technical and organisational measures to ensure the security of personal data and to reduce the risk for the data subjects.

12. Applicant data and indemnification against third-party claims

Applicants are responsible for the content they submit to the provider. The applicant undertakes vis-à-vis the provider not to post any criminal or other content and data or any content and data that is illegal in relation to individual third parties and not to use any programmes containing viruses or other malware in connection with the platform. In particular, the applicant undertakes not to use the platform to offer illegal services.

In this context, the applicant undertakes to indemnify the provider against any liability and any costs, including potential and actual costs of legal proceedings, if claims are asserted against the provider by third parties as a result of alleged acts or omissions by the applicant. The provider shall inform the applicant of the claim and, insofar as this is legally possible, give the applicant the opportunity to defend against the asserted claim. At the same time, the applicant shall immediately provide the provider with all available information about the facts that are the subject of the claim.

Any further claims for damages on the part of the provider shall remain unaffected.

13. Confidentiality

“Confidential information” includes all information, files and documents relating to business transactions of the other party concerned that come to the knowledge of the other party.

Both parties undertake to maintain secrecy about confidential information concerning the other party and to use it only for the execution of this contract and the purpose pursued with it.

Both parties undertake to impose the confidentiality obligation on all employees and/or third parties who have access to the aforementioned business transactions.

The confidentiality obligation shall not apply to information

1. a) which was already known to the other party when the contract was concluded,
2. b) which had already been published at the time of disclosure by the party, without this resulting from a breach of confidentiality by the other party,
3. c) which the applicant has expressly authorised for disclosure (in particular in the context of applications, job searches),
4. d) which the other party has lawfully obtained from other sources without any restriction relating to confidentiality, provided that the disclosure and utilisation of this confidential information does not violate any contractual agreements, statutory provisions or official orders,
5. e) which the other party has developed itself without access to the Confidential Information,
6. f) which must be disclosed due to statutory disclosure, notification and/or publication obligations or official orders.

14. Changes to the Terms & Conditions

The provider reserves the right to amend or update these Terms & Conditions at any time. Registered applicants will be notified of any changes in good time. By continuing to use the platform after the changes come into effect, applicants declare their agreement with the amended Terms & Conditions.

15. General information obligations for alternative dispute resolution (Consumer Dispute Resolution Act)

The European Commission provides a platform for online dispute resolution (OS), which the applicant can find at this address: https://ec.europa.eu/consumers/odr/ 

16. Severability clause

Should individual provisions of these T&C be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a legally permissible provision that comes as close as possible to the economic sense and purpose of the invalid provision.

17. Applicable law

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

18. Place of jurisdiction

The exclusive place of jurisdiction for all disputes arising from or in connection with these T&C is, as far as legally permissible, the registered office of the provider.

Status: March 2024