Terms and conditions | Careerswitch

Terms and Conditions

1. Introduction

1.1 Welcome

Welcome to CareerSwitch B.V. (“CareerSwitch,” “LionHead,” “we,” “us,” or “our”). We operate the websites www.careerswitch.works and www.lionhead.works (collectively, the “Websites”), as well as the web application accessible at app.lionhead.works (the “Platform”).

These Terms and Conditions (“Terms”) govern your access to and use of our Websites, Platform, and the services offered through them (collectively, the “Services”). By registering for, accessing, browsing, or otherwise using the Websites, Platform, or Services, you (“User,” “you,” or “your”) agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1.2 Company Information

• Company Name: CareerSwitch B.V.
• Marketing/Trade Name: LionHead 
• Legal Structure: Besloten Vennootschap (BV)
• Registered Address: Parnassusweg 1076 AT, Netherlands
• Contact Information: info@lionhead.works

 

2. Definitions

• Account: The primary means through which a User accesses the Platform using their login credentials.
• Content: Any data and information available through the LionHead Platform, including but not limited to profiles, resumes, job listings, articles, and other informational materials.
• Employer: An organization using the Platform for recruitment and/or employer branding purposes.
• Login Credentials: A combination of a User’s email address and password that grants access to their Account. If a User registers via a third-party service (e.g., LinkedIn), those credentials serve as their Login Credentials.
• Platform: The LionHead application accessible via the website or mobile applications.
• Service: The Platform, including all content, services, and features available through it.
• Terms: These Terms and Conditions.
• User: The natural person who has accepted these Terms.
• Data Processor: Third-party entities that process data on behalf of LionHead, such as HubSpot, Google, Facebook, LinkedIn, and OpenAI.
• Confidential Information: Any non-public information disclosed by one party to the other in the context of using or operating the Platform, which is either marked or identified as confidential or should reasonably be understood to be confidential by its nature.

 

3. Acceptance of Terms

By registering for, accessing, browsing, and/or otherwise using the LionHead Platform and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not access, browse, or use the Platform or Services.

4. Modifications to Terms

LionHead reserves the right to change, modify, add, or remove portions of these Terms at its sole discretion by posting such changes on or through the Platform. We will notify you of material changes via email or an in-Platform notification. Your continued use of the Platform and Services after changes have been posted (or after 30 days of posting, whichever occurs first) constitutes your binding acceptance of the changes. Disputes will be governed by the Terms in effect at the time the dispute arose.

5. Registration and Account

5.1 User Registration

To create an Account on LionHead, you must:

1. Complete the registration form with your email, name, and LinkedIn information.
2. Agree to these Terms by checking the "I agree to the Terms and Conditions" box.

 

5.2 Account Security

You are responsible for maintaining the confidentiality of your Login Credentials. You agree to notify us immediately of any unauthorized use of your Account. LionHead is not liable for any loss or damage arising from your failure to protect your Login Credentials.

5.3 Account Termination

You may terminate your Account at any time by following the designated steps on the Platform. Upon termination, all your data will be deleted in accordance with our Privacy Policy. LionHead reserves the right to terminate or suspend your Account at any time, without notice, for any reason, including violation of these Terms.

5.4 Single Account

Each User is permitted to create only one Account unless expressly authorized by us. You are responsible for all activities conducted under your Account.

6. Use of the Platform

6.1 Eligibility

Only individuals aged 16 and above residing in Europe are eligible to use the Platform. We do not knowingly collect data from individuals under 16.

6.2 Services Provided

LionHead offers the following services:

• Job Matching: Providing job recommendations tailored to your profile.
• Skillset Predictions: Analyzing your skills to predict potential career paths using O or similar AI models.
• Resume Creation: Assisting in creating reflective and professional resumes.

All services are provided free of charge to Users.

6.3 AI Usage Disclaimer

You acknowledge that any skillset predictions or career suggestions we provide involve the use of AI technologies (e.g., OpenAI). While we strive to offer accurate, relevant insights, these predictions are informational only. We do not guarantee the accuracy, completeness, or reliability of AI-generated outputs. Users are solely responsible for verifying and interpreting such insights before making any career or employment decisions.

6.4 No Guarantee of Employment

LionHead does not guarantee that use of the Platform will result in any specific employment outcome, job offer, or placement. Employers are solely responsible for hiring decisions, and Users are responsible for verifying any job-related information or offers.

6.5 User Responsibilities

You agree to:

• Provide accurate and truthful information during registration and in your profile.
• Ensure that the LinkedIn information provided is your own.
• Maintain the confidentiality of your Account and not allow third parties to access it.
• Use the Platform in accordance with these Terms and all applicable laws.

 

7. Content and Intellectual Property

7.1 User-Generated Content

Users may upload and modify their profiles, resumes, and other personal information (“User Content”). By uploading User Content, you grant LionHead a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content in connection with the Services.

User Content Warranty

You represent and warrant that you own or have the necessary rights to all User Content you submit, and that such content does not infringe or violate any third party’s intellectual property, privacy, or other rights.

7.2 Content Sharing

Users can download and share their resumes, provided they retain the LionHead logo visible on the resume.

7.3 Intellectual Property Rights

All content, trademarks, logos, and software on the Platform ("LionHead Materials") are owned by or licensed to LionHead. You are prohibited from:

• Copying, modifying, distributing, or republishing LionHead Materials without explicit permission.
• Altering the source code of the Platform.
• Using any part of the Platform for commercial purposes without authorization.

 

7.4 Confidentiality

Each party agrees to protect the other party’s Confidential Information with at least the same degree of care it uses to protect its own confidential information, and not to disclose it to any third party without prior written consent, except as required by law or necessary to perform the Services. This obligation survives the termination of these Terms.

 

8. Privacy and Data Protection

Please refer to our Privacy Policy for detailed information on how we handle your personal data. The Privacy Policy is incorporated by reference into these Terms.

9. Data Sharing and Third Parties

9.1 Third-Party Services

We share your personal data with the following third-party processors:

• HubSpot: CRM and marketing services (United States).
• Google: Website analytics and marketing services (United States).
• Facebook: Marketing services (United States).
• LinkedIn: Marketing services (United States).
• OpenAI: AI services for data transformation (United States).

 

9.2 Data Transfers

Your personal data may be transferred to and processed in countries outside the European Economic Area (EEA), including the United States. We ensure that such transfers comply with GDPR requirements by implementing appropriate safeguards, such as Standard Contractual Clauses.

9.3 Purpose of Sharing

Data shared with third parties is used for:

• Marketing and Communication: Enhancing promotional efforts.
• Analytics: Improving platform functionality and user experience.
• Service Provision: Enabling job matching and skill predictions.

 

10. Data Storage and Retention

10.1 Storage Locations

Your data is stored on secure servers located in Frankfurt, Germany, and managed by MongoDB, a third-party service provider.

10.2 Retention Periods

We retain your personal data until you choose to delete your account. Upon account deletion, all your personal data will be removed in accordance with our data deletion procedures.

10.3 Data Deletion

You can delete your account and personal data at any time by navigating to the "Delete Profile" option in the Platform’s menu. Upon deletion, your data will be permanently removed from our servers.

11. Data Security

11.1. Security Measures

We implement robust technical and organizational measures to protect your personal data, including:

• Encryption: Data is encrypted during transfer using industry-standard protocols.
• Access Controls: Strict access controls to limit data access to authorized personnel only.
• Secure Storage: Data is stored securely using MongoDB with appropriate security configurations.

 

11.2. Data Breach Response

In the event of a data breach, we will promptly notify the relevant authorities and affected users in accordance with GDPR requirements. We maintain an incident response plan to address and mitigate any data breaches effectively.

12. User Rights

Under GDPR, you have the following rights regarding your personal data:

12.1. Access and Portability

You can request access to your personal data and obtain a copy in a portable format by contacting us.

12.2. Correction and Deletion

You can request corrections to any inaccurate personal data or request the deletion of your data by deleting your account through the Platform.

12.3. Objection and Restriction

You have the right to object to or request the restriction of certain types of data processing by contacting us.

12.4. Withdrawal of Consent

You can withdraw your consent for data processing at any time by adjusting your consent settings in your account or by contacting us directly. Withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.

13. Cookies and Tracking Technologies

13.1. Use of Cookies

We use cookies and similar tracking technologies to:

• Enhance User Experience: Remember your preferences and settings.
• Analytics: Understand how users interact with our Platform through Google Analytics.
• Marketing: Tailor promotional content based on user behavior.

 

13.2. Cookie Management

You can manage or opt-out of cookies by adjusting your browser settings. Please note that disabling certain cookies may affect the functionality of the Platform.

13.3. Purpose of Cookies

Cookies are used to:

• Essential Functions: Enable core features of the Platform.
• Performance Analysis: Collect data on how the Platform is used.
• Personalization: Customize your experience based on your interactions.

 

14. Children's Privacy

Protecting the privacy of young individuals is important to us. The LionHead Platform is intended for individuals aged 16 and above. We do not knowingly collect personal data from children under 16. If we become aware that we have inadvertently collected personal data from a child under 16, we will take steps to delete such information promptly. If you believe we may have collected information from a child under 16, please contact us at privacy@lionhead.works.

15. Liability and Disclaimers

15.1 Disclaimer

The Platform and Services are provided "as is" without any warranties, express or implied. We do not guarantee the accuracy, reliability, or availability of the Platform.

15.2 Limitation of Liability

LionHead is not liable for any damages arising from the use or inability to use the Platform, including but not limited to direct, indirect, incidental, consequential, or punitive damages. Where permissible by law, our total aggregate liability shall be capped at EUR 100. This does not exclude liability for willful misconduct, gross negligence, or any liability that cannot be excluded under applicable law.

 

15.3 Indemnification

You agree to indemnify, defend, and hold harmless LionHead, its officers, directors, employees, and agents from any and all losses, damages, liabilities, claims, demands, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your breach of these Terms or violation of any applicable law.
• Your User Content that infringes or violates the rights of a third party.
• Your misuse of the Platform or any content therein.

 

16. Termination and Suspension

16.1 Termination by User

You may terminate your Account at any time via the Platform. Upon termination, your data will be deleted in accordance with our Privacy Policy.

16.2 Termination by LionHead

LionHead may terminate or suspend your Account without notice for any reason, including violation of these Terms.

16.3 Survival of Terms

Provisions regarding intellectual property, liability, confidentiality, indemnification, and other clauses that by their nature should survive, will remain in effect even after Account termination.

17. Dispute Resolution

17.1 Governing Law

These Terms are governed by and construed in accordance with Dutch law.

17.2 Jurisdiction

Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Rotterdam, Netherlands.

17.3 Attempt at Amicable Resolution

In the event of a dispute, we encourage you to contact us first at info@lionhead.works to seek an amicable resolution prior to pursuing legal remedies.

18. Modifications to Terms

LionHead may update these Terms from time to time. Users will be notified of significant changes via email or platform notifications. Continued use of the Platform after such changes constitutes acceptance of the updated Terms.

19. Additional Policies

19.1 Privacy Policy

Our Privacy Policy governs the collection, use, and disclosure of your personal data.

19.2 Cookies Policy

We use cookies to enhance your experience on the Platform. By using the Platform, you consent to our use of cookies. For more information, please refer to our Cookies Policy.

19.3 Refund Policy

All services provided by LionHead are free of charge. If future paid services are introduced, a separate refund policy will be provided.

20. Third-Party Integrations

20.1 External Services

The Platform integrates with third-party services such as LinkedIn, HubSpot, and OpenAI. Use of these services is subject to their respective Terms and Policies.

20.2 Third-Party Liability

LionHead is not liable for any issues arising from third-party integrations. Users should review the third-party policies before using such services.

21. Accessibility and Language

21.1 Language

These Terms are provided in English. In the event of any discrepancies, the Dutch version shall prevail.

21.2 Accessibility

LionHead strives to make the Platform accessible to all users, including those with disabilities. If you encounter any accessibility issues, please contact us at info@lionhead.works.

22. Miscellaneous

22.1 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

22.2 Entire Agreement

These Terms constitute the entire agreement between you and LionHead regarding your use of the Platform and Services, superseding any prior agreements.

22.3 No Third-Party Beneficiaries

These Terms do not confer any rights or remedies on any third parties, except as expressly stated herein or required by law.

22.4 Assignment

LionHead may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets, or by operation of law, without notice to you. You may not assign or transfer your Account or these Terms without our prior written consent.

 

22.5 Force Majeure

Neither party shall be liable for any failure or delay in performance of its obligations hereunder where such failure or delay is caused by events beyond its reasonable control, including, but not limited to, acts of God, natural disasters, war, civil disturbance, government actions, or interruptions of Internet service.

 

23. Contact Us

If you have any questions, complaints, or feedback regarding these Terms, please contact us at:

• Email: info@lionhead.works
• Address: Parnassusweg 1076 AT, Netherlands

 

Last Updated: April 27, 2024