Privacy Policy
Our website address is: https://xfactortalent.com
XFACTOR TALENT is the trading name for XFACTOR CONSULTING SRL & XFACTOR Netherlands BV
The present document describes the policy of XFACTOR CONSULTING SRL [Romanian company established and functioning according to Law 31/1990, headquartered in Voluntari, 197/8 Pipera Bulevardul, Camera 1, Bloc 2B, Ilfov, Romania, 077190, registered at the Trade Register under no. J23/831/2022, having the Sole Registration Code 45609802, hereinafter called “The Company”] to use and protect personal data (as defined by the applicable legislation) &
XFactor Netherlands BV, Registered at Don Boscolaan 16, Amstelveen, 1185CB, The Netherlands (KvK number 9521158)
The exercise of personal rights, according to Chap. IV can be made by sending a message to the attention of the person in charge with the protection of personal data (Data protection officer) at the email address info@xfactortalent.com or by sending a written letter with acknowledgment of receipt at the headquarters of the Company. All requests are solved in the applicable legal term.
Chap. I- Collected data
Art.1.1.
– In order of accomplishing its commercial activity, the Company collects personal data by the following means:
a) Information received from the users:
- In order to post a vacancy on our website, the Company will register a client sheet which will have the company’s full name, address, a person of contact, banking details, description of the vacant post.
- In order to apply for a vacancy on our website, the Candidate will register an applicant profile which will contain the full name provided by the applicant, the e-mail address, the CV, and a cover letter. The data can be sent to the recruiting company, which can contact the applicant directly.
- Personal data from candidates profile is stored in our database for a maximum of three years since our last communication.
- The applicant can opt for requesting to delete the data anytime by sending an email to info@xfactortalent.com or by sending a written letter with acknowledgment of receipt at the headquarters of the Company.
- The company can keep the anonymized data of the applicants for statistical reasons for an undefined period of time.
b) Running marketing campaigns
- In order for the Company to run marketing campaigns, the Company can send emails to the Customers (legal persons);
- The Company can send emails to the public email addresses of the legal entities which are interested in the economic activity of the company;
- Moreover, promotional offers can be sent to natural persons who give their express agreement thereof by a document under private signature, online transmitted request or other such documentation.
Chap. II- How do we process this information?
(the purpose of processing)
Art. 2 – The Company stores and processes personal data for the following purposes:
- Registration and marketing of vacant positions in view of creating leads and applications from qualified Applicants, offering limited access to the Customer’s identification data.
- Providing services according to the Terms and Conditions and in view of accomplishing certain legal obligations (ex. issuance of bills).
- Organizing and studying statistic data (ex. Analyzing and studying the geographic distribution of Clients) according to the Cookies Policy as included below.
- Sending personalized offers and organizing marketing campaigns.
Art. 3 – The company processes personal data based on the agreement for contractual obligations legal obligations.
Chap. III- Duration of processing
Art. 4– The Company stores personal data in order to comply with certain legal obligations or until the user is removed, consent is withdrawn or the right of forgiveness is exercised.
Chap. IV- Rights of the Concerned Persons
Art. 5-According to the European Regulation concerning personal data protection, the Company recognizes and guarantees the following rights of the concerned persons:
a) The right of access- the right of a concerned person to obtain a confirmation from the Company regarding the processing of personal data, and an affirmative case, access to the respective data and information concerning the way the data is processed.
b) The right to rectify- the right of the concerned person to request the correction, without unjustified delays, of the inexact personal data. The rectification will be communicated to each beneficiary, to which the data has been transmitted, excepting the case in which this is proved to be impossible or involves disproportioned efforts.
c) The right to data portability– the right to receive personal data in a structured format, used currently, which can be automatically read, and the right for this data to be directly transmitted to another data operator, if technically feasible.
d)The right of opposition – the right of the concerned person to oppose the processing of personal data when the processing is not necessary for accomplishing a task that serves to the public interest or does not concern a legitimate interest of the operator. When the processing of personal data has direct marketing as a purpose, you have the right to oppose the processing at any time.
e) The right of deleting the data (“the right to be forgotten”) – the right of the concerned person to request that his personal data should be deleted, without unjustified delays, in case of one of the following:
- It is not necessary for accomplishing the purposes for which they were collected or processed;
- Withdrawal of consent is applicable and there is no other legal ground for processing;
- Exertion of the right to opposition and lack of legitimate founds for processing;
- The personal data has been illegally processed;
- The personal data must be deleted in order to comply with a legal obligation;
- The personal data has been collected relating to the offering service of the informational company.
f) The right to restrict the processing– the concerned person can require the restriction of processing in the following cases:
- The data subject challenges the exactness of the data, on a period which allows the Company to check the correctness of data;
- The processing is illegal, and the person opposes to deleting the personal data, requiring restriction in exchange;
- If the Company does not require personal data in the purpose of processing, but the person solicits them for admitting, exerting or defending a right in court;
- If the person who opposed the processing for the time period in which the Company verifies if there are other lawful grounds for processing the personal data.
Chap. V- The transfer of data to third parties
Art. 6- The Company does not transfer personal data to other data persons without the prior notice or request of the data subject / candidates. However, the data is transferred to the Customer and similar positions that are similar to the initial application.
Art. 7- The Company transfers information to other affiliated companies, service providers and other partners which process them on behalf of the Company, based on the Company’s directions and ensuring the level of security according to the applicable legislation. These companies can offer global services, including assistance for clients, IT, payments, sales, marketing, data analysis, research and surveys.
Art.8- All the collaborators of the Company have implemented and comply with the standards of data protection imposed by the Regulation (UE) 2016/679 on the protection of natural persons regarding the processing of personal data and on the free movement of such data.
Art. 9- The Company can keep or disclose information transmitted in order to comply with legal provisions, of legal procedures, or to respond to a request coming from the local authorities. Also, it can use the data in order to exercise its legal rights, to defend itself in court, or to prevent, detect or report illegal activities, such as fraud, abuse, breaching of terms and conditions, or threats to the Company’s security or another person’s safety.
Chap. VI- Security of information
Art. 10– The Company is working towards keeping the data safe. In this regard, it uses a combination of technical, administrative, and physical controls to maintain the security of the processed data. However, there is no manner of transmitting or storage of data that is completely safe. For any additional clarification regarding security, please contact us at info@Xfactortalent.com.
Art. 11– According to the European Regulations, the Company tracks, identifies, registers, archives, and reports, where the case may be, all security incidents.
Chap. VII- Competent authorities
Art. 12-Notification concerning the processing of personal data can be sent to the Company by message to the email address info@Xfactortalent.com or by sending a written message with acknowledgment of receipt at the headquarters or office of the Company, to the attention of the person in charge with the protection of personal data (Data protection officer).
Art. 13– Also, the data subject has the right to address the National Authority of Surveillance of Personal Data concerning the illegal processing of data by sending a notification at the head office of the authority: Bucharest, 28-30 G-ral. Gheorghe Magheru Avenue, District 1, postal code 010336, e-mail: anspdep@dataprotection.ro
COOKIES POLICY of XFACTOR CONSULTING SRL
What are cookies?
Cookies are files small dimensions, composed of letters and numbers, stored on the browser with which you access the site https://Xfactortalent.com/, in order to have a better navigation experience, adapted to the user’s needs and interest. These files allow the web sites to recognize and store useful information about the user, in order to offer each user a unique experience. Examples of usages:- Recognizing certain settings made by the user (e.g. the language in which the Site is visualized, the currency in which the prices are showed, remembering the items in the shopping cart);
- Offers the Company valuable feedback on how the Site is used, in order to improve the user’s experience and to make it more efficient;
- Allow applications of third parties to obtain information about the users, in order to create a more valuable experience, useful and pleasant for the User.
What data is stored by cookies?
The cookies used by Xfactor do not require personal information and do not identify internet users in person. What is the life duration of a cookie? The life duration of a cookie is limited; technically, only the website that sent the cookie can access it again and only when a user returns to the website What do we use cookies for?In order to improve the online experience, Xfactor uses the following cookies:
| Cookie developer | Name | Duration | Purpose |
|---|---|---|---|
| _grecaptcha | 179 days | This cookie is used to distinguish between humans and bots. This is beneficial for the web site, in order to make valid reports on the use of their web site | |
| Xfactortalent.com | Cookielawinfo-checkbox-necessary | 1 year | Determines whether the user has accepted the cookie consent box |
| Xfactortalent.com | Cookielawinfo-checkbox-necessary | 1 year | Determines whether the user has accepted the cookie consent box |
| Google.com | rc::a | Persistent | This cookie is used to distinguish between humans and bots. This is beneficial for the web site, in order to make valid reports on the use of their web site. |
| Google.com | rc::b | Session | This cookie is used to distinguish between humans and bots. This is beneficial for the web site, in order to make valid reports on the use of their web site. |
| Google.com | rc::c | Session | This cookie is used to distinguish between humans and bots. This is beneficial for the web site, in order to make valid reports on the use of their web site. |
| Google.com | rc::#d | Persistent | This cookie is used to distinguish between humans and bots. This is beneficial for the web site, in order to make valid reports on the use of their web site. |
- Google Analitycs Cookies: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookieusage
- Facebook Cookies:https://www.facebook.com/policies/cookies/
- Microsoft Windows:https://blogs.msdn.microsoft.com/devschool/2015/06/19/azure-arraffinitymakes-affinity-cookies/
- Google Chrome:https://support.google.com/chrome/answer/95647?hl=en&hlrm=en
- Mozilla Firefox:https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-websitepreferences
- Internet Explorer:https://support.microsoft.com/en-us/help/17442/windows-internet-explorerdelete-manage-cookies#ie=ie-11
- Safari:https:support.apple.com/ro-ro/guide/safari/manage-cookies-and-website-datasfri11471/mac
- Edge:https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy
- Opera:https://www.opera.com/help/tutorials/security/privacy/
General Terms and Conditions
A. XFACTOR CONSULTING SRL [Romanian company constituted and functioning in accordance the Law 31/1990, headquartered in Voluntari, 198/7-Pipera Bulevardul, Camera 1, Bloc 2B, Ilfov, Romania, 077190, registered at the Trade Register under no. J23/831/2022, having the Sole Registration Code 45609802 (hereinafter as, Xfactor”, “Company”)], provides its Service (as defined below) to you through its web site located at https://Xfactortalent.com/ (hereinafter as “Site”), subject to this Terms of Service agreement (hereinafter as “TOS”).
By accepting this TOS or by accessing or using the Service or Site, you acknowledge that you have read, understood, and agree to be bound by this TOS
If you are entering into this TOS on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity and its affiliates to this TOS, in which case the terms “you” or “your” shall refer to such entity and its affiliates.
If you do not have such authority, or if you do not agree with this TOS, you must not accept this TOS and may not use the Service.
B.The Company may change this TOS from time to time by providing thirty (30) days prior notice either by emailing the email address associated with your account or by posting a notice on the Site.
You can review the most current version of this TOS at any time via https://Xfactortalent.com/
The revised terms and conditions will become effective thirty (30) days after we post or send you notice of such changes, and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions.
If any change to this TOS is not acceptable to you, your only remedy is stop using the Services.
C. As part of the recruitment process, the Applicants will be submitting their CV, a cover letter alongside your personal data (full name and e-mail address).
1. Description of Service
The “Service(s)” includes:
1. the Site / Content (“Site”)- any document from the Website, as well as fragments / parts of these documents, irrespective of their form – including, but without limiting to: text, graphic, sound, image, movie, programs, code;
2. Xfactor’s platform (“Platform”) for contracting employers with potential employees for the available jobs in their company.
1. Additional Terms The Service is designed to connect Employers (“Customers”) with potential employees (“Applicants”) and assist them through the process of recruitment and may be subject to additional terms, including payment terms if you are a Customer or Applicant.
If there is any conflict between this TOS and any Additional Terms, the Additional Terms shall prevail.
III. General Conditions / Access and Use of the Service
1. Subject to the terms and conditions of this TOS, you may access and use the Service only for lawful purposes. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Xfactor.
You shall not:
- sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party;
- use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components;
- Modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
You shall comply with any codes of conduct, policies or other notices the Company provides you or publishes in connection with the Service, and you shall promptly notify the Company if you learn of a security breach related to the Service.
Any software that may be made available by the Company in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Subject to the terms and conditions of this TOS, the Company hereby grants you a non-transferable, non-sublicensable and non-exclusive right and license to use the object code of any Software on a single device solely in connection with the Service, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software.
You agree not to access the Service by any means other than through the interface that is provided by the Company for use in accessing the Service.
Any rights not expressly granted herein are reserved and no license or right to use any trademark of Xfactor or any third party is granted to you in connection with the Service.
You are solely responsible for all data, information, feedback, suggestions, text, content and other materials that you upload, post, deliver, provide or otherwise transmit or in connection with or relating to the Service (“Your Content”).
You agree to cooperate with and provide reasonable assistance to Xfactor in promoting and advertising the Services.
You are responsible for maintaining the confidentiality of your login, password and account and for all activities that occur under your login or account.
The Company reserves the right to access your account in order to respond to your requests for technical support.
By posting Your Content on or through the Service, you hereby do and shall grant the Company a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content solely to provide the Services. Xfactor has the right, but not the obligation, to monitor the Service, Content, or Your Content.
You further agree that the Company may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
- You understand that the operation of the Service, including Your Content, may be unencrypted and involve:
- Transmissions over various networks;
- Changes to conform and adapt to technical requirements of connecting networks or devices and
- Transmission to the Company’s third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service.
Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Content. The Company will have no liability to you for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long distance and local telephone service (collectively, “Equipment”).
You shall be responsible for ensuring that such Equipment is compatible with the Services (and, to the extent applicable, the Software) and complies with all configurations and specifications set forth in Xfactor’s published policies then in effect.
You shall also be responsible for maintaining the security of the Equipment, your Account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your Account or the Equipment with or without your knowledge or consent.
The failure of the Company to exercise or enforce any right or provision of this TOS shall not be a waiver of that right.
You acknowledge that this TOS is a contract between you and the Company, even though it is electronic and is not physically signed by you and the Company, and it governs your use of the Service.
Subject to the terms hereof, the Company may (but has no obligation to) provide technical support services, through email in accordance with our standard practice.
1.Representations and Warranties
You represent and warrant to the Company that:
- You have full power and authority to enter this TOS;
- You own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in your posting and other activities (and allow the Company to perform its obligations) in connection with the Services without obtaining any further releases or consents;
- Your Content and other activities in connection with the Service, and the Company exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing;
- you are eighteen (18) years of age or older.
- Termination
The Company reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Site or the Content at any time and for any reason without prior notice or liability.
The Company reserves the right to change, suspend, or discontinue all or any part of the Site at any time without prior notice or liability.
However, all accrued rights to payment and the terms of Section 4-12 shall survive termination of this TOS.
Disclaimer of Warranties
The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by the Company or by third-party providers, or because of other causes beyond our reasonable control.
However, the Service, including the site and content, and all server and network components are provided on an “as is” and “as available” basis without any warranties of any kind, and the Company expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.
You acknowledge that the Company does not warrant that the Service will be uninterrupted, timely, secure, error-free or virus-free, nor does it make any warranty as to the results that may be obtained from use of the Services, and no information, advice or services obtained by you from the Company or through the Service shall create any warranty not expressly stated in this TOS.
Limitation of Liability
1.However, the Service, including the site and content, and all server and network components are provided on an “as is” and “as available” basis without any warranties of any kind, and the Company expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement.
You acknowledge that the Company does not warrant that the Service will be uninterrupted, timely, secure, error-free or virus-free, nor does it make any warranty as to the results that may be obtained from use of the Services, and no information, advice or services obtained by you from the Company or through the Service shall create any warranty not expressly stated in this TOS.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, the Company’s liability will be limited to the greatest extent permitted by law.
Indemnification
You shall defend, indemnify, and hold harmless the Company from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Content, or your other access, contribution to, use or misuse of the Service.
The Company shall provide notice to you of any such claim, suit or demand.
The Company reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section.
In such case, you agree to cooperate with any reasonable requests assisting The Company’s defense of such matter.
1.Assignment:
You may not assign this TOS without the prior written consent of the Company, but the Company may assign or transfer this TOS, in whole or in part, without restriction
Miscellaneous
If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable.
Both parties agree that this TOS and any Additional Terms as applicable, are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein.
No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind the Company in any respect whatsoever.
In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and attorneys’ fees.
All notices under this TOS will be in writing and will be deemed to have been duly given when received if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
Privacy
The Company’s collection and use of personal information and other data is subject to the Company’s Privacy Policy at https://xfactortalent.com/privacy-policy/
