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Terms and Conditions Talents

Last updated: June 2023
Contact Information:
Globemee GmbH
Zollhof 7
90443 Nürnberg

Registered in the commercial register: On 05.06.2023
Register court: Local court Nuremberg
Registration number: HRB 41844

Represented by
Managing Director:in: Christian Schieber and Sandra Schmitt
Contact:
E-Mail: sandra.schmitt@globemee.com
Sales tax ID:
Sales tax identification number according to § 27a sales tax law: DE356305949
Preamble
These General Terms and Conditions are the binding rules that apply between Globemee GmbH, Zollhof 7, 90443 Nuremberg, Germany, (hereinafter referred to as “GLOBEMEE”) and the users of GLOBEMEE as applicants* (hereinafter referred to as “Applicant” or “Candidate”).

GLOBEMEE enables an access to international talents of specialists and academics by means of offered so-called applicant pool platform (hereinafter referred to as “PLATTFORM”) and works against the existing shortage of specialists with the help of a global working world. For this purpose, among other things, with the help of a self-developed algorithm (hereinafter referred to as “ALGORITHMUS”), the high-quality evaluation of candidates based on qualifications and personality for the companies concerned as possible future employers (hereinafter referred to as “CUSTOMERS”) is carried out in order to enable professional cooperation. GLOBEMEE further assists in the process necessary for the successful cooperation such as visa support and obtaining the work permit, in questions of professional recognition as well as supports the candidates on site in Germany for the possible future entry into the profession.

GLOBEMEE provides a PLATFORM by means of website and the like as well as by using the ALGORITHMUS and thereby creates a platform for job and career information related to possible RECIPIENTS and CLIENTS (hereinafter jointly referred to as “PARTIES”). Therefore, no employment and/or contract relationship, employment agency relationship, brokerage relationship or commercial agent relationship, partnership or civil law partnership or similar relationship is established between GLOBEMEE and RECIPIENT. The fulfillment of all obligations arising from a possible contract concluded between the RECIPIENT and possible subsequent CUSTOMERS shall be the sole responsibility of the subsequent PARTIES.
§ 1 Scope and subject matter of these business agreements
(1) The present General Terms and Conditions (GTC) regulate the relationship between GLOBEMEE and the APPLICANT. The relationship between GLOBEMEE and CUSTOMER or between the PARTIES is explicitly not part of these GTC and is not indirectly covered by them. Subject of these GTC is the relationship between GLOBEMEE and APPLICANT as well as the offer of use of the PLATFORM by GLOBEMEE.

(2) GLOBEMEE provides services to the APPLICANT exclusively on the basis of these GTC in connection with possible regulations which may be referred to in these GTC. By registering to use the offer of GLOBEMEE, APPLICANT agrees to the validity of these GTC.
§ 2 Description of services
(1) On the website with the internet domain https://www.globemee.com as well as on the respective platforms with subdomain GLOBEMEE provides the APPLICANT with the PLATFORM free of charge. GLOBEMEE offers the possibility to post an own applicant profile with CV on the PLATFORM free of charge in order to get in contact with potential CUSTOMERS.

(2) To use GLOBEMEE, the APPLICANT registers with a current e-mail address and the desired password. By registering, the APPLICANT confirms that he/she is legally competent (in particular of legal age) and able to enter into legally binding agreements under German law. Registration constitutes an offer to GLOBEMEE to enter into a contract for the use of the PLATTFORM. The contract is only concluded with the acceptance of the offer by GLOBEMEE. Upon acceptance of the offer by the APPLICANT, the APPLICANT will receive an e-mail to the e-mail address provided by him. This e-mail contains a link with which the APPLICANT can confirm his e-mail address. Upon confirmation by e-mail address, the PLATFORM will be made available to the APPLICANT by GLOBEMEE free of charge. By concluding the contract, no employment relationship is created between the RECIPIENT and GLOBEMEE (not even de facto) or any other contractual relationship, no employment agency relationship, brokerage relationship or commercial agent relationship is concluded. Furthermore, no partnership or civil law partnership or similar relationship is established. GLOBEMEE shall provide the APPLICANT with the PLATFORM including the ALGORITHMUS, but shall not have any right to give instructions to the APPLICANT, in particular not with regard to duties and risks which may result from a possible later employment relationship with the CUSTOMER. The contractual performance on the part of GLOBEMEE refers solely to the offering of the PLATFORM.

(3) After completion of the registration process the APPLICANT can create his respective applicant profile. Here, corresponding preferences such as salary requirements, desired CUSTOMERS, position, field of work, etc. can be selected. The applicant profile appears anonymous to the potential CUSTOMER, in particular without indication of the picture, first and last name, sex, age etc.. Only the specified performance data (grades, titles, degrees, previous work experience, etc.) are displayed to the potential CUSTOMER. Only when the APPLICANT expresses interest in a position with the CLIENT, the personal data (picture, first and last name, gender, age) will be made accessible to the CLIENT and the contact data, self-presentation and CV will be transmitted to the potential CLIENT. The accessibility as well as the transmission will only take place after prior consent by the APPLICANT, which will be given by clicking on the corresponding declaration of consent.
§ 3 Duties GLOBEMEE
(1) GLOBEMEE provides the PLATFORM on the website with the internet domain https://www.globemee.com and the mobile apps of GLOBEMEE to APPLICANT free of charge according to the service description presented above.

(2) The PLATFORM as well as the services offered there by GLOBEMEE are subject to continuous further development, which is why the form and nature of the PLATFORM as well as the services and functions offered may change to a reasonable extent for the APPLICANT. GLOBEMEE reserves the right, at its sole discretion, but with due regard to the interests of the APPLICANTS, to impose restrictions on the use and storage capacities of the PLATFORM and to make changes thereto. The APPLICANT shall be notified of any such changes with a reasonable lead time. If necessary, the APPLICANT shall be responsible for saving the data stored on the PLATFORM elsewhere as a backup copy. The EMPLOYER thus ensures to have access to the posted data even if GLOBEMEE might lose them due to a technical malfunction or settings of the service as well as partial settings of the same.

(3) The technical availability of the PLATTFORM may be limited in times when the servers fluctuate due to routine and previously announced maintenance work or malfunctions. Furthermore, the number of possible CUSTOMERS as well as their vacancies available on the PLATTFORM may be subject to fluctuations. GLOBEMEE does not guarantee that CUSTOMERS and their vacancies will be available on the PLATFORM and at GLOBEMEE, because GLOBEMEE has no influence on this. GLOBEMEE alone offers the PLATFORM and participates, if desired, in the possible further communication between the APPLICANT and the CUSTOMER, if this service is explicitly desired.

(4) By the PLATFORM but especially individually by respective information GLOBEMEE informs the RECIPIENT upon initiation of a possible cooperation between RECIPIENT and CLIENT each in the own language of the RECIPIENT as well as at the expense of GLOBEMEE about: a) the name and address of the CLIENT, b) the envisaged date of commencement and the envisaged duration of the possible employment relationship between the RECIPIENT and the CLIENT, c) the place of work or, if, the RECIPIENT is not to be employed at only one particular place of work, about an indication that the RECIPIENT may be employed at different places, d) the activity to be performed, e) the contractual working hours, f) the contractual remuneration for work, including any deductions, g) the duration of the contractual vacation, h) the periods of notice for termination of the employment relationship between the EMPLOYER and the CLIENT, i) a general reference to the collective bargaining agreements, works agreements or service agreements applicable to the employment relationship between the EMPLOYER and the CLIENT, and j) the possibility of making use of the advisory services of the social partners and government agencies; GLOBEMEE shall, at least by way of example, name the advisory services according to § 23a of the German Employee Dispatch Act (Arbeitnehmerentsendungsgesetz) and provide the current contact details of the mentioned advisory services.

§ 4 Duties of APPLICANT
APPLICANT remains the legal owner of all contents posted by him on the PLATFORM and transmitted to GLOBEMEE. In order to operate the PLATFORM and to pass on the contact to the CUSTOMER, GLOBEMEE must reproduce the contents posted by APPLICANT and, if necessary, make them public within the framework of the PLATFORM in compliance with the provisions of data protection law, in particular concretized and determined by the privacy policy of GLOBEMEE which can be viewed at https://www.globemee.com/datenschutz. GLOBEMEE shall be entitled to use the contents of the PLATFORM for any purpose. For this purpose, by posting the contents on the PLATFORM, APPLICANT grants GLOBEMEE a non-exclusive, revocable right of use, limited to the duration of this contract and non-transferable, but for the purpose of transfer to potential CUSTOMERS sub-licensable, to the contents transferred by APPLICANT on the PLATFORM and to GLOBEMEE otherwise. APPLICANT is responsible that rights of third parties do not conflict with this grant of use.
§ 5 Data Protection
Information on what data is processed by GLOBEMEE, how, for what purposes and to what extent, and what rights APPLICANTS or the persons affected by the data processing have in this respect, can be found in the respective current data protection information of GLOBMEE, which is available at https://www.globemee.com/datenschutz.
§ 6 Liability and Disclaimer
(1) GLOBEMEE shall be liable in contract and tort a) for damages due to gross negligence and intent and for damages resulting from injury to life, body and health; b) for damages resulting from the breach of contractual obligations, the fulfillment of which is essential for the proper performance of the contract and on the compliance with which the APPLICANT regularly relies and may rely (so-called “essential contractual obligations”); in this respect, however, the liability is limited to the amount of the foreseeable damage, the occurrence of which must typically be expected.

(2) The above limitations of liability also apply in favor of the employees, organs and vicarious agents of GLOBEMEE. GLOBEMEE shall not be liable for the conduct of its vicarious agent if this agent is the USER or a person appointed by the USER with this function. Furthermore, GLOBEMEE is not liable for any damages resulting from the provision of inaccurate data and information by the APPLICANT. Mandatory legal liability provisions remain unaffected by the above provisions.

(3) GLOBEMEE is not liable for the content and the execution of the contractual relationship between the CUSTOMER and the APPLICANT including the data and information provided by the CUSTOMER and the APPLICANT.

(4) Statutory warranty claims and claims of the USER under the Product Liability Act as well as a possible direct claim as a contractual partner of the USER are not affected by the above liability provisions.
(5) GLOBEMEE further assumes no liability for unauthorized access to personal data of registered USERS by third parties (e.g. by unauthorized access of hackers to the database of GLOBEMEE).
§ 7 Right of revocation
(1) USER may revoke the contract with GLOBEMEE within fourteen (14) days without giving any reason. The revocation period is fourteen (14) days from the day of the conclusion of the contract. To exercise the right of withdrawal USER is instructed as follows regarding his right of withdrawal:

– Cancellation Policy –

Right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party designated by you took or has taken possession of the products and the offer of GLOBEMEE in the form of registration on the PLATFORM. To exercise your right of withdrawal, you must inform us ([company GLOBEMEE, address and e-mail contact]) by means of a clear statement (for example, a letter sent by mail or e-mail) about your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation:
If you revoke this contract, we must delete all details in the form of data and information that we have received from you, including the user account, immediately and at the latest within fourteen days from the day on which we received the notification of the revocation of this contract, unless a temporary retention is required by law. We will inform you about this.

– End of the cancellation policy –

Sample cancellation form:

To Globemee GmbH
Zollhof 7
90443 Nuremberg

Herewith
I/we (*) hereby revoke the contract concluded by me/us (*) for the use of the offered platform and the associated services of Globemee GmbH.
Name of the consumer(s)
Address of the consumer(s)
Date, signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable.
§ 8 ermination of use
(1) Irrespective of the right of revocation, both PARTIES are entitled to terminate the contract in text form at any time without stating reasons. The termination can be sent, for example, by mail to Globemee GmbH, Zollhof 7, 90443 Nuremberg, Germany, or by e-mail to sandra.schmitt@globemee.com. In addition, GLOBEMEE provides a cancellation button on the PLATFORM. In order to protect the data of the APPLICANT from unauthorized third parties, GLOBEMEE reserves the right to establish the identity of the APPLICANT, e.g. by requesting the user name and the e-mail address deposited by the APPLICANT with GLOBEMEE.

(2) If the contract is terminated, whether by the APPLICANT or by GLOBEMEE, GLOBEMEE will delete the personal applicant data of the APPLICANT (including name, e-mail, telephone number, messages, uploaded files, etc.), unless GLOBEMEE is legally obligated to store them.
§ 9 Modification of these General Terms and Conditions
(1) GLOBEMEE reserves the right to update these General Terms and Conditions according to the following regulations with effect for the future and to include them in the contractual relationship with APPLICANTS, if changes of the legal situation or the supreme court jurisdiction, changes of the market conditions or currency conversions make an adjustment necessary and namely according to the extent then in the parts which are affected by such changes, and/or changed circumstances.

(2) These amendments shall only become part of the contract if the APPLICANT agrees to them or does not object to them within a period of two weeks after notification of the amendments. For a notification it is sufficient that GLOBEMEE sends the new version of the GTC to the EMPLOYER to the email address deposited with GLOBEMEE with a separate reference to the consequences/significance of the behavior of the EMPLOYER. If no objection to the inclusion of the aforementioned changes of the GTC in the contractual relationship is made in text form and within a period of two weeks, the consent shall be deemed granted.

(3) There shall be no possibility to object if the changes merely benefit the APPLICANT or if they do not entail any legal or economic disadvantages for the APPLICANT. In all other cases, the incorporation of amended GTC into the contractual relationship with the APPLICANT shall only be possible with the APPLICANT’s consent.

(4) If the APPLICANT exercises its right of objection, the request for modification shall be deemed rejected. In this case the user account of the APPLICANT will be continued without the proposed changes or the registration and subsequently the contractual relationship between the APPLICANT and GLOBEMEE will be terminated. The right of the contracting parties to terminate the contract remains unaffected.
§ 10 Miscellaneous
(1) The contractual relations between GLOBEMEE and the APPLICANT as well as any disputes arising in connection therewith shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This shall only not apply insofar as the CUSTOMER, who is a consumer, is free to invoke more favorable consumer protection norms of the law applicable at his place of habitual residence.

(2) If the CUSTOMER is a merchant in the sense of the German Commercial Code (HGB) or a legal entity under public law or if he has no general place of jurisdiction or residence in Germany or if his usual place of residence is not known at the time of filing an action, the exclusive place of jurisdiction for all disputes arising out of and in connection with the contractual relationship between GLOBEMEE and the CUSTOMER shall be the registered office of GLOBEMEE.

(3) Rights and obligations under this contract may not be assigned or transferred in whole or in part without the prior written consent of the other party.

(4) Should any provision of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.

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