T&C and Data Processing

Terms and Conditions

 

Standard Terms & Conditions Careers (STCC)

 

Last Revised: July 2020

 

Framework of Standard Terms & Conditions Careers and Usage

These Standard Terms & Conditions Careers (STCC) govern the usage of this Careers Webpage, which allows you, the “Applicant” to submit your application for employment at JBC Energy GmbH (“JBC Energy”), as well as the applicable standards for the processing of the Applicant’s personal data during the application process. Wherever applicable, these STCC shall complement and substantiate the General Terms of Usage (http://www.jbcenergy.com/legal-notice) and Data Protection regulations (http://www.jbcenergy.com/data-protection/).

 

Duration of the STCC

Unless otherwise defined herein, the provisions of these STCC shall be equal in duration to the Applicant’s factual access to this Careers Webpage or the duration of the application process, whichever is the longer, and by accessing this Careers Webpage and applying for a position in JBC Energy, the Applicant explicitly accepts these STCC.

For the avoidance of doubt, the granting and the length of access to this Careers Webpage shall remain at the sole discretion of JBC Energy and JBC Energy may, upon its sole discretion, revoke any access to this Careers Webpage without prior notification being provided to the Applicant.

 

Warranties & Limitations of Liabilities

JBC Energy makes no warranties or representations that the Careers Webpage and access thereto or other communication over the course of the application process will be free from outages and disruptions and shall bear no liability vis-à-vis the Applicant in such cases. Furthermore, for the avoidance of doubt, JBC Energy shall incur no liabilities whatsoever from the Applicant accessing the Careers Webpage or otherwise communicating with JBC Energy over the course of the application process and the Applicant shall not be entitled to claim any losses, damages, costs or expenses of any nature whatsoever from JBC Energy under these STCC.

For the avoidance of doubt, the Applicant shall warrant vis-à-vis JBC Energy that the data submitted under this Careers Webpage or over the further course of the application process are accurate and sufficiently complete and shall be liable vis-à-vis JBC Energy should this not be the case.

 

Use of Data & Proprietary Rights

In line with JBC Energy’s GDPR and data protection regime (see http://www.jbcenergy.com/data-protection/) and in compliance with the applicable laws, including Regulation (EU) 2016/679 (General Data Protection Regulation; GDPR), JBC Energy will process the personal data provided by the Applicant for the application process.

In addition to the personal data provided by the Applicant to JBC Energy, the Applicant also explicitly consents that interviews that may take place over the course of the application process may be recorded upon JBC Energy’s sole discretion by JBC Energy and that such recordings form part of the personal data processed by JBC Energy for the application process.

The Applicant explicitly agrees and acknowledges that in line with these regulations and policies, JBC Energy may process the personal data of the Applicant for this purpose for 7 years.

The Applicant further agrees and acknowledges that all proprietary rights of JBC Energy in the Careers Webpage (the “Intellectual Property”) are and shall remain the property of JBC Energy and that nothing in any part or the whole of these STCC shall be construed to transfer or convey any Intellectual Property rights. The Applicant also agrees to protect all Intellectual Property rights of JBC Energy and the Applicant shall honour and comply with all reasonable requests to protect the contractual, statutory, and common law rights of JBC Energy. The Applicant acknowledges that JBC Energy is entitled to injunctive relief to prevent a breach or future breach of the provisions of this STCC without prejudice to any other relief including a claim for damages. Such measures may include, but be not limited to, suspension of the Applicant’s access to the Careers Webpage.

 

Non-Disclosure

During the application process, the Applicant may obtain access to certain information and data concerning JBC Energy deemed proprietary and/or confidential ("Confidential Information”).

Consequently, the Applicant agrees to the following non-disclosure provisions:

  • "Confidential Information" shall mean all information and materials disclosed orally or observed by the Applicant under circumstances where the nature of such information or materials, or the manner or context of its disclosure, should reasonably indicate to the Applicant the confidential nature of such information or materials. Such Confidential Information includes, but is not limited to JBC Energy’s existing or potential products and services, operations, procedures (including HR and recruiting schemes), financial indicators, clients or related information, business ideas or trade secrets.
  • The Applicant shall not disclose, directly or indirectly, in whole or in part, to any third party – particularly not to the general public by means of posting such Confidential Information online (e.g. on social media or similar) or to any third party that the Applicant knows or is ought to know is an industry player or even competitor of JBC Energy – Confidential Information which they receive from JBC Energy. The Applicant shall use the same degree of care in safeguarding the Confidential Information as they use for their own confidential and proprietary information.
  • For the avoidance of doubt, nothing in these STCC shall preclude the Applicant from disclosing Confidential Information to or sharing Confidential Information with public entities, advocacy groups or national/international authorities or courts where this is necessary to uphold the Applicant’s rights under legal statutes or under contract vis-à-vis JBC Energy.

 

Jurisdiction

These STCC shall be governed by and constructed in accordance with the laws of Austria and Austrian courts shall have exclusive jurisdiction in all matters pertaining to the Agreement. If any provision of these STCC is declared void or otherwise unenforceable, such provision shall be deemed to have been severed from these STCC, which shall otherwise remain in full force and effect.