These General Terms and Conditions of Business (hereinafter referred to as \u201cGTC\u201d) apply to all contracts between StepStone Deutschland GmbH, V\u00f6lklinger Stra\u00dfe 1, 40219 D\u00fcsseldorf, Germany, represented by its Managing Directors Dr. Sebastian Dettmers, Simone K\u00f6hler-Reif, and the customer and govern all aspects connected with the performance of services between the parties.<\/p>\n\n\n\n
The customer within the meaning of these GTC is any entrepreneur as defined under section 14 German Civil Code (BGB) or merchant as defined under section 1 German Commercial Code (HGB) or a legal entity under private or public law. <\/p><\/p>\n\n\n\n
The subject matter of the contract is the content of the respective order confirmation from StepStone with the documents referred to therein, including the GTC in the version valid at the point of the conclusion of the agreement.<\/p><\/p>\n\n\n\n
Any of the customer\u2019s contractual terms that deviate from\/contradict these GTC shall not be recognised, regardless of whether they represent a substantial amendment of the order confirmation. Any varying stipulations shall only apply if StepStone expressly agrees to them in writing. <\/p><\/p>\n\n\n\n
The contract between the parties shall come into effect when the customer avails itself of a service via a StepStone website. By clicking the Order button and accepting the GTC, the customer submits to StepStone an offer to enter into a contract. The customer then receives an automated e-mail via the specified e-mail address that confirms receipt of the order. This e-mail does not constitute binding acceptance of the order. Order acceptance is performed by way of a separate e-mail. <\/p><\/p>\n\n\n\n
If the parties enter into a contract by telephone, the customer receives a written confirmation by e-mail including the terms and conditions agreed by telephone. No further declarations by the parties are required. <\/p><\/p>\n\n\n\n
3.3.1
A contract shall also come into effect if StepStone receives a StepStone order form signed by the customer by post, fax, e-mail or other electronic form or StepStone provides written confirmation in a different form on the basis of the order form.<\/p><\/p>\n\n\n\n
3.3.2
If the customer changes the content of StepStone order forms, this shall be deemed to be a new offer by the customer; in this case the contract will only be concluded if it is expressly accepted by StepStone. The provision of a service will not be deemed to be implied acceptance of the amended contractual offer.<\/p><\/p>\n\n\n\n
The description of the respective service on offer is set out in Part B<\/a> of these GTC. <\/p><\/p>\n\n\n\n The contract entitles StepStone to use the customer data and data produced in the course of the business relationship to analyse trends and create overviews, and also to publish this data in an anonymised form. <\/p><\/p>\n\n\n\n Exclusion of competition is not granted.<\/p><\/p>\n\n\n\n The fee for the service to be provided by StepStone is determined on the basis of the prices published on the StepStone website at the point of the conclusion of the contract. All prices are net of statutory VAT.<\/p><\/p>\n\n\n\n Prices for services that are not published on the StepStone website will be agreed between StepStone and the customer on a case-by-case basis.<\/p><\/p>\n\n\n\n The invoice is issued upon conclusion of contract, unless otherwise is agreed in the individual contract. StepStone reserves the right to demand payment in advance from the customer.<\/p><\/p>\n\n\n\n The payment claim will be payable ten days after issue of the invoice without deduction. In the event of default or discontinuation of payment, interest of nine percentage points above the base rate of the European Central Bank as well as costs and fees for ascertaining and enforcing the payment claim shall be charged. In addition, StepStone will have the right to claim a flat charge for default in the amount of \u20ac40.00 (section 288 (5) BGB).<\/p><\/p>\n\n\n\n In the event of default of payment, StepStone is entitled to withhold services in full or in part until payment has been made in full. This will not apply if the customer has right of retention. If, in the case of agreed payment by instalments, an instalment is not paid within 30 days of the due date, the total remaining amount will be payable immediately; the right of retention set out in sentence 1 shall apply accordingly.<\/p><\/p>\n\n\n\n We will only accept payment by bank transfer from abroad if the customer simultaneously assumes liability for all bank charges incurred.<\/p><\/p>\n\n\n\n Payments from the customer will in all cases be set off against the oldest existing claim. StepStone may refuse performance of its services until the customer has made all payments due. <\/p><\/p>\n\n\n\n We reserve the right to send invoices and all correspondence related to invoices, such as but not limited to payment reminders, solely in the form of an e-mail attachment. To this end, the customer undertakes to provide a current e-mail address for correspondence and to promptly notify StepStone of any changes to the e-mail address. <\/p><\/p>\n\n\n\n The customer\u2019s rights under the contract are non-transferable and non-assignable. The contract may only be transferred to a third party subject to written agreement from StepStone. <\/p><\/p>\n\n\n\n If StepStone has obtained the customer\u2019s e-mail address in connection with the customer\u2019s order, StepStone will have the right, including after the end of the contract, to e-mail to the customer information, questionnaires and other commercial communications concerning the ordered StepStone services and similar services. The customer may opt out of such communications from StepStone at any time with future effect by e-mailing info@stepstone.de<\/a> or by calling +49 211 93493-0<\/a>. StepStone will provide specific information about this right to opt out in every e-mail. <\/p><\/p>\n\n\n\n The customer undertakes to provide StepStone in good time with all information and documents that are necessary and appropriate for the performance of the contractual services. Additional cooperation duties of the customer are set out in Part B<\/a> of these GTC in accordance with the respective product-specific description of services. <\/p><\/p>\n\n\n\n StepStone has the right to use vicarious agents. <\/p><\/p>\n\n\n\n The customer shall ensure that any content it publishes on the StepStone websites or that it passes to StepStone for publication is free from third-party rights. The customer warrants that it disposes over all third-party usage rights. The customer shall compensate StepStone for any losses arising as a result of a breach of this provision at the first time of asking. With the placement of the order the customer confirms that it has acquired all of the usage rights from the holders of copyrights, ancillary copyrights and other rights to the documents and data provided by it required for placement in the Internet and that it can use these as it pleases.<\/p><\/p>\n\n\n\n In terms of services that are published and\/or used on websites not operated by StepStone Deutschland GmbH, additional requirements and limitations may apply alongside these GTC, in particular in addition to the provisions under Part B<\/a> of these GTC. <\/p><\/p>\n\n\n\n This contract does not contain any transfer of property rights and usage rights, licences or other rights to the software to the customer. All rights to the software used by the customer, to marks, titles, trademarks, copyrights and other commercial rights\/intellectual property rights of StepStone will remain entirely with StepStone. <\/p><\/p>\n\n\n\n All work results and information published by StepStone are subject to StepStone\u2019s copyright. Excluded from this are only such work results and information published by StepStone created by the customer or a third party and adopted by StepStone unchanged for publication on the Internet. <\/p><\/p>\n\n\n\n StepStone is the maker and originator of its databases as set out in section 87a (1), (2) German Copyright Act (UrhG) and section 4 UrhG and is the holder of all associated exclusive rights.<\/p><\/p>\n\n\n\n The provision of services is based exclusively on the service features and scope of performance agreed in writing. The customer shall review the services on receipt without undue delay and notify StepStone of any deficiencies without undue delay. If it fails to do so, the services shall be deemed provided in a flawless manner.<\/p><\/p>\n\n\n\n In the first instance, StepStone shall attempt to meet its obligation of subsequent performance by means of rectification. Only if this fails twice may the customer revoke the contract or exercise its right to demand a price reduction. <\/p><\/p>\n\n\n\n The customer\u2019s warranty rights do not extend to defects that relate to a merely minor variance from the agreed condition or a merely minor impairment of utility. <\/p><\/p>\n\n\n\n All warranty claims shall lapse within one year. The limitation period shall commence at the point at which the customer acquires knowledge of the defect or ought to have acquired knowledge in the event of gross negligence. <\/p><\/p>\n\n\n\n StepStone shall be liable for damages, irrespective of the legal grounds, in the event of wilful misconduct and gross negligence. <\/p><\/p>\n\n\n\n In other cases, StepStone shall only be liable in the event of the breach of a contractual obligation, the proper execution of which is essential for the performance of the contract and on compliance with which a customer may normally rely (known as a cardinal duty). This liability shall be limited to compensation for the foreseeable loss typical for this type of contract. In all other cases liability shall be excluded, subject to the following provision in clause 10.3.<\/p><\/p>\n\n\n\n The foregoing limitations and exclusions of liability shall have no bearing on liability for losses arising from death or personal injury and under the German Product Liability Act (Produkthaftungsgesetz<\/em>). <\/p><\/p>\n\n\n\n The customer can only withdraw or terminate due to a breach of duty not involving a defect if StepStone is responsible for this breach of duty. <\/p><\/p>\n\n\n\n If a claim is made against the customer by a third party (\u201cproperty rights claim\u201d) for an infringement of patents, copyrights, trademarks, business designations or business secrets by a service provided by StepStone (\u201cproperty rights infringement”), StepStone will indemnify the customer against all costs (including legal defence costs) and claims which it incurs due to final judgements by competent courts or written settlements concluded by StepStone, provided that (i) the customer did not cause the property rights infringement, for example in the case of the publication of unlawful content as defined at Part B., clause 1.3.2<\/a>, (ii) the customer informs StepStone in writing within no more than twenty (20) working days of the claim first being made, (iii) StepStone retains sole control of the defence against the property rights claim and (iv) the customer provides appropriate support and all of the information so that StepStone meet its obligations according to this. The above obligation will not apply to actions or declarations for which StepStone has not given its prior consent in writing and not if the customer continues the infringing activity after it has been informed of changes which would have prevented an infringement. If a property rights infringement has been established by a competent court or is considered to be possible by StepStone, StepStone may at its own discretion and at its own cost either (i) replace or change the services so that a property rights infringement no longer exists, or (ii) obtain a usage right for the customer to the property right or (iii) if measures pursuant to (i) or (ii) are not possible or not reasonable, terminate this contract extraordinarily with immediate effect. <\/p>\n\n\n\n StepStone agrees to treat as confidential all information marked as \u201cconfidential\u201d which StepStone receives from the customer under this contract. This obligation will also be met by StepStone after the contract term ends. <\/p><\/p>\n\n\n\n When using IDs, passwords, usernames or other security devices provided in connection with the services, the customer shall exercise the greatest possible care and take all measures that ensure the confidential, secure handling of the data and prevent its disclosure to third parties. The customer will be held responsible for the use of its passwords or usernames by third parties if it cannot explain convincingly that the access to such data was not caused by the customer itself and the reasons for this were out of its control. The customer shall inform StepStone immediately of any potential or already known unauthorised use of its access details. In the event of a breach of one or more of the obligations specified in these GTC by the customer, in particular but not limited to those stated under this point, StepStone will have the right to terminate the services without further notice and remove them from the website, without waiving any payment obligations of the customer.<\/p><\/p>\n\n\n\n The contracting parties undertake to maintain confidentiality over all information that they have acquired directly or indirectly in connection with the respective contract as well as in the course of the execution thereof and that is of a technical, financial or other commercial or confidential nature and not to pass such to third parties. Companies affiliated with StepStone in terms of sections 15 et seq. AktG are not deemed to be third parties. <\/p><\/p>\n\n\n\n This duty of confidentiality does not apply to information that is in the public domain or that was already known to the party, or that the party lawfully acquired from a third party or developed itself without breaching confidentiality obligations. The burden of proof shall lie with the party seeking to rely on this provision.<\/p><\/p>\n\n\n\n These comprehensive confidentiality obligations shall also remain in force after the end of the respective contract.<\/p><\/p>\n\n\n\n StepStone is entitled to collect, process and store personal data of the customer subject to observance of and compliance with the provisions of the applicable data protection laws, directives and other regulations.<\/p><\/p>\n\n\n\n StepStone further warrants that all StepStone employees have been subjected to the duty of data secrecy and the observance of particular confidentiality in accordance with applicable data protection and telecommunication laws and other relevant legislation.<\/p><\/p>\n\n\n\n If the customer\nhas received a warning regarding a publication or its content on the StepStone\nwebsites, if it has already made a cease-and-desist declaration concerning\ncertain content made available for publication or if a corresponding temporary\ninjunction, judgement, court ruling or official order has been made, the\ncustomer is obliged to inform StepStone of this in writing without undue delay.\nIf the customer fails to do so, StepStone will not be liable. The customer will\nthen be required to indemnify StepStone against any claim by a third party at\nthe first time of asking and compensate StepStone for any damages arising as a\nresult.<\/p>\n\n\n\n The contract shall take effect at the point of the conclusion of the contract unless an agreement to the contrary has been made. The contract shall end automatically on expiry of the agreed term unless separate product-specific stipulations are defined in Part B<\/a> of these GTC. <\/p>\n\n\n\n These GTC and all legal relationships between the contracting parties are subject to the law of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and international private law and associated clauses on legal forum or conflicts of law.<\/p><\/p>\n\n\n\n The exclusive place of jurisdiction is D\u00fcsseldorf, Germany.<\/p><\/p>\n\n\n\n 1.1.1 1.1.2 1.1.2.1 1.1.2.2 1.1.3 1.1.4 1.1.5 1.1.6 1.2.1 1.2.2 1.2.3 1.2.4 1.3.1 1.3.2 1. If a self-employment or freelance work is advertised, it must be clearly indicated as such in the text.<\/p>\n\n\n\n 2. If the candidate has to make advance payments or financial investments of his own (including participation in training and travel expenses), this must be clearly stated in the text. The same applies if the successful advertisement of new members is commissioned by a self-contained system.<\/p>\n\n\n\n 3. The content must refer to a free position or activity. Advertising for club or association memberships is not permitted. Furthermore, advertising for participation in illegal structural distribution is not permitted (\u00a7 16 UWG).<\/p>\n\n\n\n 4. Websites that are named or sent to StepStone for linking must comply with the legal minimum requirements, and in particular must have an imprint that complies with the legal principles and the principles developed by the jurisdiction.<\/p>\n\n\n\n 5. Permitted links are only permitted as so-called “no follow” links, i.e. they are to be set up in such a way that they are not to be used by search engines to calculate link popularity.<\/p>\n\n\n\n 6. All contents of an advertisement must be directly visible to the user. As far as they are not explicitly offered by StepStone as part of special ad products, the customer’s own tracking codes and interactive elements that are controllable by clicks or mouse-over, for example, are not permitted. Excluded from this are links to other pages and e-mail addresses that otherwise meet the requirements of this clause. In any case, links must be designed in such a way that it is recognizable when they link to external pages.<\/p>\n\n\n\n 7. The requirements of the German Equal Treatment Act (AGG) must be complied with.<\/p>\n\n\n\n 8. Even if the above requirements are met, no content that is not relevant to the job search, such as competitions, events without career reference, pure advertising campaigns, etc., may be published in addition to content relating to the position or activity.<\/p>\n\n\n\n 9. If these requirements are not met, the contents shall be deemed to be inadmissible contents with consequences from part B., section 1.3.1.<\/p>\n\n\n\n 1.3.3 1.3.4 1.3.5 1. Entering into cooperations in all media (including online, offline, TV, mobile, moving image products and new types of use). The customer agrees that the service elements may be published by StepStone online and\/or offline in print, sound or image, including in print or online media of cooperation partners. In all cooperations StepStone will be mindful of the image and quality of the cooperation partner;<\/p>\n\n\n\n 2. Ensuring user-friendly readability on all devices by optimising the display of the advert. <\/p>\n\n\n\n 3. StepStone reserves the right to amend or change the categorisation or classification of job adverts at its own discretion at any time. The customer has no right to publication of its job adverts in any specific category or classification of its choosing.<\/p>\n\n\n\n 1.3.6 1.3.7 1.3.8 1.3.9 1.3.10 1.3.11 StepStone offers the option to publish the job advert as a box number advert. Box number adverts don\u2019t show the author of the advert. The requirements and obligations pursuant the aforementioned provisions (Part B, section 1<\/a>) apply accordingly.<\/p><\/p>\n\n\n\n On behalf of the\ncustomer, StepStone will publish an advert specified by the customer in\nStepStone\u2019s regularly published Job Agent (hereafter: \u201cJob Agent Ad\u201d). This\nwill consist of a text advert and a banner. The Job Agent Ad will be published\nin a StepStone Job Agent in accordance with the requirement under press law to\nseparate adverts from editorial content and may contain a link to job adverts, job\ndescription, company portraits or recruiting events. <\/p>\n\n\n\n Unless otherwise\nagreed, Job Agents are published as follows depending on the order: <\/p>\n\n\n\n 1. Once per\nedition of the Job Agent to a specific target group. <\/p>\n\n\n\n 2. Once per\nedition of the Job Agent to all candidates who have registered to receive the\nJob Agent. <\/p>\n\n\n\n 3. Daily in each\nedition on seven consecutive days to all candidates who have registered for the\nJob Agent. This ensures that every candidate who has ever registered for the\nJob Agent receives at least one edition with the booked Job Agent Ad. <\/p>\n\n\n\n 4. Daily in each\nedition on seven consecutive days to a specific target group. <\/p>\n\n\n\n Only one Job\nAgent Ad is published per Job Agent. The customer has to send the advertising\nmaterial to StepStone in complete and correct form at the same time as the\nbooking, or alternatively no later than two days before the planned publication\ndate. If the advertising material is not received by StepStone in time and in\nthe complete and correct form, the right to publication will expire without replacement.\nThis is without prejudice to StepStone\u2019s claim for payment. <\/p>\n\n\n\n The customer is\naware that the Job Agent is only sent to subscribers. Subscribers can register\nto receive the Job Agent free of charge, whereby they will only receive an\nedition if it contains at least job advert which matches the profile specified.\nSubscribers can unsubscribe and apply explicit blocking notices. StepStone\ntherefore cannot guarantee the number of recipients.<\/p>\n\n\n\n StepStone sends\nan e-mail designed in the customer\u2019s individual layout in the customer’s name\nto selected candidates from the StepStone CV database (hereinafter referred to\nas \u201cDirect Mail\u201d). The content of the Direct Mail may be a special job offer,\nthe announcement of career-related events or the presentation of the customer\u2019s\ncompany with a link to vacant positions. The customer has to send the\nadvertising material to StepStone in complete and correct form at the same time\nas the booking, or alternatively no later than two days before the planned publication\ndate. If the advertising material is not received by StepStone in time and in\nthe complete and correct form, the right to publication will expire without\nreplacement. This is without prejudice to StepStone\u2019s claim for payment. The\ncustomer is aware that the Direct Mail is only sent to subscribers. The\nsubscribers can register free of charge to receive the Direct Mail, as well as\nderegister and deploy explicit blocking notices. StepStone therefore cannot\nguarantee the number of recipients. <\/p>\n\n\n\n The service\nperformed in respect of the highlight job is the coloured highlighting of the\njob adverts in the results list published in the customer\u2019s name in the first\nseven days of publication to emphasise the job adverts. The highlighting has no\ninfluence on the ranking of the job adverts in the results list. <\/p>\n\n\n\n StepStone sends\nan e-mail designed in the layout specified by StepStone in the customer\u2019s name\nto selected candidates from the StepStone CV database or to subscribers of the\nStepStone Job Agent who have previously expressly consented to receive this\ntype of information (hereinafter referred to as \u201cMail Push\u201d). The content of\nthis Mail Push is to address an active job advert that is published by\nStepStone for at least five more days to what StepStone considers to be\nsuitable candidates. The Direct Push is sent to a maximum of 500 candidates.\nHowever, StepStone does not guarantee a minimum number of recipients as the\npool of potential recipients depends on the individual settings and information\nprovided by the candidates. <\/p>\n\n\n\n The customer\u2019s company portrait may be published in the Company Hub. StepStone provides input fields that the company can fill out itself. Links to webpages and content of competitors, or the use of content from competitors of StepStone, are not permitted unless the customer is a competitor of StepStone itself and links to its own web content. <\/p><\/p>\n\n\n\n If a customer does not create a Company Hub for its company, StepStone itself reserves the right to fill in the input fields with publicly accessible company information, unless the company expressly objects in writing. <\/p><\/p>\n\n\n\n The Company Hub may also be visible to users on StepStone\u2019s platforms beyond the Running Time of a job advert.<\/p><\/p>\n\n\n\n StepStone Emotions make the customer\u2019s company tangible to its business partners, employees and potential applicants.<\/p>\n\n\n\n 7.1.1 7.1.2 7.1.3 7.2.1 Video tour 7.2.2 Job Pitch video 7.2.3 Photos 7.3.1 Insight Film 7.3.2 Emotional Image Film 7.4.1 7.4.2 7.4.3 7.4.4 7.4.4.1 7.4.4.2 7.4.4.3 7.4.4.4 7.5.1 7.5.2 7.5.3 7.5.4 7.5.5 7.6.1 7.6.2 8.1.1 8.1.2 8.1.3 8.1.4 8.1.5 8.1.6 8.1.7 8.2.1 8.2.2 8.2.3 8.2.4 8.2.5 8.2.6 If Stepstone provides the Customer with the free Video Job Interview function, the following applies: the Video Job Interview function may only be used to conduct interviews with candidates who have applied via Stepstone or a company affiliated with Stepstone for an open job listing of the Customer. Otherwise, the Customer shall be obliged to indemnify Stepstone from any third party claims and to compensate StepStone for any damages resulting therefrom. Stepstone will limit the cost-free usage for clients to 100 interviews per month. The promotion is valid until the 30th of June 2020.<\/p>\n\n\n\n JobFeed is an\ninterface created by StepStone in participation of the customer. Through this\ninterface, StepStone will retrieve the contents of the job advert to be\npublished by the customer and publish them on the StepStone websites according\nto the current quality\nstandards<\/a>. The customer undertakes to provide such duties of cooperation\nand to create such preconditions for successful use that are set down in the\nspecifications following a separate agreement. <\/p>\n\n\n\n 10.2.1 10.2.2 10.2.3 11.1.1 11.1.2 11.1.3 11.1.4 Within the scope of the services pursuant to clause 10.1.3, StepStone processes personal data on behalf of the customer within the meaning Art. 28 GDPR; the terms regarding data processing from part C of these GTC apply in this respect. Services described in clause 10.1.4 do not constitute contract data processing; StepStone merely provides content the applicant has saved with StepStone and remains the controller for data protection purposes. If the customer uses such data it may become an additional data controller. <\/p>\n\n\n\n The customer\nwill be guided to the contract for advert placement by the following individual\ntechnical steps:<\/p>\n\n\n The contract has now been entered into pursuant to clause 3 of part A<\/a> of these GTC. The advert is now placed online. <\/p>\n\n\n The customer\nwill be guided to the contract for applicant database access by the following\nindividual technical steps: <\/p>\n\n\n The contract has now been entered into pursuant to clause 3 of part A<\/a> of these GTC.<\/p>\n\n<\/div>\n\n\n\n These terms and conditions of business (General Terms and Conditions of Business, product-specific terms for adverts or the product-related terms for applicant database (DirectSearch Database), product-related terms for online input) contain the full contractual text both for publishing an advert online and online booking of access to the applicant database. The price for online input will be as stated in the price list which is published on the StepStone websites at http:\/\/www.stepstone.de\/ at the time the contract offer made to the customer of StepStone is prepared. The legal relationships which are established by the (free) visit to the StepStone website are explained in more detail and defined in our terms and conditions of use. After the conclusion of the contract, in the case of online input we store the customer’s entries. After the conclusion of the contract, the data input will not be available to the customer. Furthermore, we point out that we always publish only the current GTC and price lists online and that the GTC and price lists current at the time the contract is concluded will also no longer be available to the customer when they are subsequently updated. <\/p>\n\n\n\n Pursuant to clause 312i (1) (1) no. 3 BGB, StepStone will provide the technical means so that input errors can be identified and corrected before placement of the order. The most important element in the online placement of adverts is the advert preview on each of the three form pages. <\/p>\n\n\n\n The language available for the conclusion of contract is German.<\/p>\n\n\n\n StepStone is bound by the German data protection standards as well as the codes set out in StepStone\u2019s terms and conditions of use and data protection declaration. <\/p>\n\n\n\n 13.1.1 13.1.2 13.1.3 13.2.1 13.2.2 13.3.1 13.3.2 13.3.3 The term of the respective FollowAd is\nspecified in the contract between StepStone and the customer. During this term,\nStepStone shall publish the banner advertising either a) until the budget is\nexhausted or b) until the end of the term. If the agreed delivery quantity is\nnot achieved within the agreed period, StepStone reserves the right to\nretrospectively provide the difference within a reasonable period. <\/p>\n\n\n\n 1.1 <\/strong> 1.2 1.3 1.4 1.5 1.6 1.7 Within\nthe scope of the Video Job Interview function, the object and purpose of the\nprocessing is to transmit the Video Interview created by the applicant to the\ncustomer. The transmission takes place by making the videos available in the\ncustomer-specific account.<\/p>\n\n\n\n In\nthe context of DirectSearch, the object and purpose of processing is the\nmanagement of applications.<\/p>\n\n\n\n 2.1 2.2 2.3 3.1 3.2 3.3 3.4 3.5 3.6 3.7 StepStone\nshall support the customer in carrying out data protection impact assessments\npursuant to Art. 35 GDPR and the resulting consultation of the supervisory\nauthority pursuant to Art. 36 GDPR to the necessary extent. StepStone shall\nsupport the customer with regard to compliance with reporting and notification\nobligations in the event of data protection breaches within the meaning of Art.\n33 and 34 GDPR.<\/p>\n\n\n\n 3.8 3.9 3.10 4.1 4.2 5.1 5.2 5.3 5.4 At\nthe end of StepStone Customer Centre contract, StepStone shall erase the data\ncontained in the applicant management system. Otherwise, StepStone will erase\nthe data at the latest one year after receipt of the application in the\napplicant management system and otherwise upon request of the client. The Stepstone Group GmbH, V\u00f6lklinger Str. 1, 40215 D\u00fcsseldorf, Germany<\/strong> The Stepstone Group EMEA GmbH, V\u00f6lklinger Stra\u00dfe 1, 40219 D\u00fcsseldorf, Germany<\/strong> StepStone N.V., Koningsstraat 47 Rue Royale, 1000 Brussels,\nBelgium<\/strong> StepStone Services sp. z o.o., ul. Domaniewska 50, 02-672\nWarsaw, Poland<\/strong> Akamai Technologies GmbH, Parkring 20-22, 85748 Garching,\nGermany<\/strong> Akamai Technologies, Inc., 150 Broadway, Cambridge, 02142\nMA, USA<\/strong> Amazon Webservices, Inc., 410 Terry Drive Ave North, WA\n98109-5210 Seattle, USA<\/strong> Cammio GmbH, Philipp-Franck-Weg 19, 14109 Berlin, Germany 1 Confidentiality (Art. 32 (1) (b)\nGDPR) 1.2 1.3 1.4 1.5 2 Integrity (Art. 32 (1) (b) GDPR) 2.2 3.1 3.2<\/strong> 4 Procedures for regular testing,\nassessment and evaluation (Art. 32 (1) (d) GDPR; Art. 25 (1) GDPR), ensured as\nfollows: 4.2 4.3 D\u00fcsseldorf, 01. April 2020<\/p>\n","protected":false},"excerpt":{"rendered":" A. General Part 1. Contracting parties 1.1 These General Terms and Conditions of Business (hereinafter referred to as \u201cGTC\u201d) apply to all contracts between StepStone Deutschland GmbH, V\u00f6lklinger Stra\u00dfe 1, 40219 D\u00fcsseldorf, Germany, represented by its Managing Directors Dr. Sebastian Dettmers, Simone K\u00f6hler-Reif, and the customer and govern all aspects connected with the performance of […]<\/p>\n","protected":false},"author":15,"featured_media":9036,"parent":11896,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":[],"yst_prominent_words":[],"_links":{"self":[{"href":"https:\/\/www.stepstone.de\/ueber-stepstone\/wp-json\/wp\/v2\/pages\/11787"}],"collection":[{"href":"https:\/\/www.stepstone.de\/ueber-stepstone\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.stepstone.de\/ueber-stepstone\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.stepstone.de\/ueber-stepstone\/wp-json\/wp\/v2\/users\/15"}],"replies":[{"embeddable":true,"href":"https:\/\/www.stepstone.de\/ueber-stepstone\/wp-json\/wp\/v2\/comments?post=11787"}],"version-history":[{"count":13,"href":"https:\/\/www.stepstone.de\/ueber-stepstone\/wp-json\/wp\/v2\/pages\/11787\/revisions"}],"predecessor-version":[{"id":15612,"href":"https:\/\/www.stepstone.de\/ueber-stepstone\/wp-json\/wp\/v2\/pages\/11787\/revisions\/15612"}],"up":[{"embeddable":true,"href":"https:\/\/www.stepstone.de\/ueber-stepstone\/wp-json\/wp\/v2\/pages\/11896"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.stepstone.de\/ueber-stepstone\/wp-json\/wp\/v2\/media\/9036"}],"wp:attachment":[{"href":"https:\/\/www.stepstone.de\/ueber-stepstone\/wp-json\/wp\/v2\/media?parent=11787"}],"wp:term":[{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/www.stepstone.de\/ueber-stepstone\/wp-json\/wp\/v2\/yst_prominent_words?post=11787"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}4.2<\/h4>\n\n\n\n
4.3<\/h4>\n\n\n\n
5. Fee for services <\/h3>\n\n\n\n
5.1<\/h4>\n\n\n\n
5.2<\/h4>\n\n\n\n
6. Payment agreements, settlement of costs and right of retention<\/h3>\n\n\n\n
6.1<\/h4>\n\n\n\n
6.2<\/h4>\n\n\n\n
6.3<\/h4>\n\n\n\n
6.4<\/h4>\n\n\n\n
6.5<\/h4>\n\n\n\n
6.6<\/h4>\n\n\n\n
7. Basis for the cooperation <\/h3>\n\n\n\n
7.1<\/h4>\n\n\n\n
7.2<\/h4>\n\n\n\n
7.3<\/h4>\n\n\n\n
7.4<\/h4>\n\n\n\n
7.5<\/h4>\n\n\n\n
7.6<\/h4>\n\n\n\n
8. Copyright and other intellectual property rights <\/h3>\n\n\n\n
8.1<\/h4>\n\n\n\n
8.2<\/h4>\n\n\n\n
8.3<\/h4>\n\n\n\n
9. Warranty and limitation<\/h3>\n\n\n\n
9.1<\/h4>\n\n\n\n
9.2<\/h4>\n\n\n\n
9.3<\/h4>\n\n\n\n
9.4<\/h4>\n\n\n\n
10. Liability <\/h3>\n\n\n\n
10.1<\/h4>\n\n\n\n
10.2<\/h4>\n\n\n\n
10.3<\/h4>\n\n\n\n
10.4<\/h4>\n\n\n\n
10.5<\/h4>\n\n\n\n
11. Confidentiality and protection of personal data<\/h3>\n\n\n\n
11.1<\/h4>\n\n\n\n
11.2<\/h4>\n\n\n\n
11.3<\/h4>\n\n\n\n
11.4<\/h4>\n\n\n\n
11.5<\/h4>\n\n\n\n
11.6<\/h4>\n\n\n\n
11.7<\/h4>\n\n\n\n
12. Warning, court ruling <\/h3>\n\n\n\n
13. Term and termination<\/h3>\n\n\n\n
14. Closing provisions <\/h3>\n\n\n\n
14.1<\/h4>\n\n\n\n
14.2<\/h4>\n\n\n\n
B. Special Part<\/h2>\n\n\n\n
1. Job adverts <\/h3>\n\n\n\n
1.1 Description of service<\/h4>\n\n\n\n
StepStone provides the customer with advertising space for the publication of job adverts on the StepStone websites. The job adverts (\u201cadverts\u201d) are published on the Internet in the customer\u2019s name.<\/p><\/p>\n\n\n\n
StepStone will integrate a button in the job adverts that is labelled \u201cApply Now\u201d or similar. Depending on the customer\u2019s selection, this button can either a) link to a website indicated by the customer or b) link to a standardised application form operated by StepStone on its platforms. The data requested in the form will be transmitted by the applicant to the customer\u2019s account (\u201cRecruiter Space\u201d) by StepStone and can be received by the customer herein.<\/p><\/p>\n\n\n\n
Via the \u201cApply Now\u201d link that is positioned on the page when the job advert is accessed, applicants can use the application form stored there to enter their contact details and upload their CV and other application documents. <\/p><\/p>\n\n\n\n
In cases where the customer uses the StepStone application form, applications will be made available in the StepStone Recruiter Space.<\/p><\/p>\n\n\n\n
StepStone accepts no responsibility for supplied data material, advertising texts or associated storage media and in particular will not have to store or return such to the customer. <\/p><\/p>\n\n\n\n
Unless otherwise agreed, job adverts are displayed for a period of 30 days (\u201cRunning Time\u201d). Provided the adverts are placed within the contract term, they will be published for the entire agreed period. On expiry of the Running Time, a job advert may be extended by 30 days at a time, provided this is done within the contractual term. The customer may request an extension from its customer advisor or alternatively arrange it itself in the StepStone Recruiter Space. The extension of the publication of a job advert is deemed a new chargeable publication on the basis of the contract between StepStone and the customer. <\/p><\/p>\n\n\n\n
Job adverts may be saved in the personal accounts of registered users for a maximum period of six months and may therefore also be visible by the registered user beyond the Running Time pursuant to clause 1.1.4. <\/p><\/p>\n\n\n\n
The number of agreed job adverts can only be accessed within the agreed contract term. On expiry of the contract term, the customer\u2019s right to use advertising space not used during the contract term lapses.<\/p><\/p>\n\n\n\n1.2 Customers’s obligations<\/h4>\n\n\n\n
When creating job adverts, the customer is required to observe the quality standards<\/a> of StepStone. These include in particular the providing of the job title and the job description as well as the customer\u2019s company logo in accordance with these quality standards<\/a> and other requirements. The respective applicable version of the quality standards can be accessed at
http:\/\/www.stepstone.de\/content\/de\/de\/fur_stellenanbieter\/qualitaetsstandards\/en.html<\/a>.<\/p><\/p>\n\n\n\n
The customer will bear the sole responsibility under press law, competition law, data protection law and all other applicable rules for the content intended for publication that it provides. The customer is responsible in particular for compliance with the applicable statutory provisions relating to the content it supplies. The customer further warrants that the content of the adverts breach neither any statutory prohibitions nor third-party rights.<\/p><\/p>\n\n\n\n
The customer will ensure that e-mails from StepStone are received without issue and in this connection will set up StepStone as a \u201ctrusted server\u201d. This should prevent that notifications to the customer via e-mail being avoided by any spam filter used by the customer.<\/p><\/p>\n\n\n\n
The customer shall configure its own infrastructure in keeping with the current state of technology so that it is neither the target nor the origin of disruptions that are likely to affect the Internet service provided by StepStone or the general smooth and flawless network operation. <\/p><\/p>\n\n\n\n1.3 Miscellaneous<\/h4>\n\n\n\n
StepStone reserves the right not to fulfill orders placed by the customer, or to remove job adverts already published on the Internet (‘power of refusal’), if the published content is in breach of statutory requirements or official prohibitions, violates the rights of third parties, offends the principles of common decency or is in breach of StepStone\u2019s terms and conditions. The same will apply if links to service elements are set on the customer instructions which lead directly or indirectly to sites with unlawful content. This is without prejudice to the customer\u2019s payment obligation. StepStone is required to remove such unlawful content only as stipulated by statutory provisions and at the customer\u2019s request. If a claim is made against StepStone on the grounds of unlawful content or any other breaches of the law for which the customer is responsible, the customer will indemnify StepStone at the first time of asking. The indemnification will also include the necessary legal costs.<\/p>\n\n\n\n
In particular, the right to refuse shall also exist if the following requirements are not met by the customer:<\/p>\n\n\n\n
StepStone only transmits messages from the customer to the applicant as a messenger. The customer guarantees that it will provide StepStone with all legally required messages for transmission to applicants and that the provided messages do not violate applicable law. In particular, reference is made in this context to the obligation to state reasons for severely disabled applicants in accordance with section 81 of book 9, German Social Code (SGB IX). In the event of unlawfully omitted or unlawful messages from the customer to applicants, the customer shall indemnify StepStone against all third-party claims at the first time of asking, and StepStone reserves the right to disclose the customer\u2019s contact details to the third party.<\/p><\/p>\n\n\n\n
We point out that there may also be certain statutory requirements and prohibitions for job adverts in other countries. Such requirements must be complied with. It is the sole responsibility of the customer to inform itself of any special features and restrictions.<\/p><\/p>\n\n\n\n
StepStone constantly endeavours to optimise the response to the customer\u2019s job adverts and to increase the quantity and quality of the accessible offers. This also includes:<\/p><\/p>\n\n\n\n
In order to improve the quality of the advert across all devices, StepStone reserves the right to change the layout of the advert accordingly. <\/p><\/p>\n\n\n\n
The customer is aware that the content published on the Internet will be searched by search engines such as Google and others and these search engines will archive the published content on their systems. StepStone will specify in the metadata of the adverts that the adverts should not be archived. However, if an advert is nonetheless archived by a search engine, StepStone is no longer responsible. Any requests for erasure of the archived data should be addressed to the search engine. <\/p><\/p>\n\n\n\n
We advise that StepStone cannot prevent the unauthorised publication of job adverts by third parties. However, StepStone will make every effort to prevent such publications within the realms of what is legally and technically possible. The customer declares its agreement with this. <\/p><\/p>\n\n\n\n
The customer shall transfer to StepStone all property rights to databases that it passes to StepStone for publication in conjunction with multiple adverts. In particular, StepStone shall have the exclusive right to exploit the economic property in its job advert database vis-\u00e0-vis third parties. <\/p><\/p>\n\n\n\n
Any offer by StepStone quoted at a lower price than in the price list is only valid under the specific conditions for the specific customer. It is not possible for a third party, such as an agency, to act as contractual partner instead of the customer. <\/p><\/p>\n\n\n\n
The transfer of the contract to a third party by the customer (\u201creselling\u201d) requires Stepstone\u2019s prior consent. <\/p><\/p>\n\n\n\n1.4 Box number adverts<\/h4>\n\n\n\n
2. Job Agent Ad <\/h3>\n\n\n\n
3. Direct Mail <\/h3>\n\n\n\n
4. Highlight job <\/h3>\n\n\n\n
5. E-mail push <\/h3>\n\n\n\n
6. Company Hub <\/h3>\n\n\n\n
6.1<\/h4>\n\n\n\n
6.2<\/h4>\n\n\n\n
6.3<\/h4>\n\n\n\n
7. StepStone Emotions <\/h3>\n\n\n\n
7.1<\/h4>\n\n\n\n
StepStone Emotions consist of photo and video products of the customer\u2019s company. Everyday life in the company, the working environment and\/or the customer\u2019s workspaces may be depicted and its employees and vacant positions in the company presented.<\/p><\/p>\n\n\n\n
<\/strong>StepStone produces the particular product variant selected by the customer, or StepStone commissions third parties to produce it, and provides the customer with the finished product variant in accordance with the product-specific usage right. Third parties within the meaning of this section are photographers and\/or camera operators or companies that employ such people.<\/p><\/p>\n\n\n\n
The recordings used to produce StepStone Emotions are made at a time agreed with the customer (\u201cRecording Date\u201d) at the place agreed with the customer (\u201cRecording Place\u201d).<\/p><\/p>\n\n\n\n7.2 StepStone Emotions \u2013<\/strong> Lite<\/h4>\n\n\n\n
<\/strong>The purpose of the video tour is to film the customer\u2019s premises. The focus is on the customer\u2019s workspaces and environment. Tour videos are made available via an embedded link.<\/p><\/p>\n\n\n\n
The Job Pitch video entails the filming of the presentation of a vacant position in the customer\u2019s company. The focus is on the description of the company and the job. Job Pitch videos are made available via an embedded link.<\/p><\/p>\n\n\n\n
StepStone will produce 20 photos at the customer\u2019s premises that portray the workspace. Photo products are made available in JPEG format.<\/p><\/p>\n\n\n\n7.3 StepStone Emotions \u2013 Pure<\/h4>\n\n\n\n
The Insight Film provides an authentic portrait of the customer\u2019s company. The Insight Film is produced on the basis of a script individually conceived for the customer. Insight Films are made available via an embedded link.<\/p><\/p>\n\n\n\n
The Image Film provides an expressive and authentic portrait of the customer\u2019s company. The Image Film is produced on the basis of a script individually conceived for the customer with the customer\u2019s participation. The focus is on the company, its goals, employees and the company\u2019s way of working. The Image Film is made available in MP4 format.<\/p><\/p>\n\n\n\n7.4 Usage rights<\/h4>\n\n\n\n
StepStone grants to the customer the right to use the photo and video products in the supplied form in accordance with the individually contractually agreed, product-specific usage right. The usage right is granted for an indefinite period of time and applies to the final file or version.<\/p><\/p>\n\n\n\n
The usage right does not cover the alteration and\/or retrospective editing of the photos and videos. In particular, the customer is not permitted to cut videos into smaller parts and reassemble them and\/or to truncate them.<\/p><\/p>\n\n\n\n
The customer is not entitled to grant sublicences to third parties. Companies affiliated with the customer as set forth in sections 15 et seq. German Stock Corporation Act (AktG) are not deemed third parties.<\/p><\/p>\n\n\n\n
StepStone is the originator of the photo and video products and the holder of all associated exploitation and usage rights. StepStone reserves the right to edit the photo and video products retrospectively, in particular to cut videos into smaller parts and reassemble them and\/or to truncate them and also to alter the image section of photos.<\/p><\/p>\n\n\n\n
As the rights holder, StepStone is entitled to grant sublicences. However, StepStone undertakes not to licence the photo and video products for the use of third parties. Companies affiliated with StepStone as set forth in sections 15 et seq. AktG are not deemed third parties.<\/p><\/p>\n\n\n\n
StepStone shall use the photo and video products for internal purposes and also as an example of outcomes for other customers. Video sequences of multiple customers may be combined for this purpose. <\/p><\/p>\n\n\n\n
StepStone publishes photo and video products on the StepStone websites, in particularly on the Company Hub and in the customer\u2019s job adverts.<\/p><\/p>\n\n\n\n
StepStone uses the photo and video products at external events, such as job fairs. <\/p><\/p>\n\n\n\n7.5 Customer’s obligations<\/h4>\n\n\n\n
The customer undertakes to ensure that all persons depicted in the recordings have validly granted their consent to the use of their image for the production and use of the photos or videos for the contractually agreed purpose between StepStone and the customer \u2013 in particular use pursuant to clause 7.4.4.4 of these terms \u2013 and that no third-party or property rights were infringed at the Recording Place or that corresponding permits were issued.<\/p><\/p>\n\n\n\n
In terms of the forms of use implemented by the customer within the framework of the customer\u2019s respective usage right, the customer bears sole responsibility for compliance with applicable provisions under data protection law and advertising considerations and for the preservation of third-party interests.<\/p><\/p>\n\n\n\n
The customer undertakes to ensure that the recordings and the results and their use and exploitation do not breach statutory provisions, official prohibitions, third-party rights or the principles of common decency. In particular, the customer warrants that it is the holder of the provided logos, slogans and other intellectual property rights, or of the corresponding usage right for the creation and use of the contractual products. <\/p><\/p>\n\n\n\n
The customer is required to ensure that no products of the customer and information related to their manufacture in respect of which the customer\u2019s employees are subject to a confidentiality obligation (\u201ccommercial secrets\u201d) are depicted on the recordings. The customer waives any claims arising from the publication of such information.<\/p><\/p>\n\n\n\n
The customer undertakes to indemnify StepStone against third-party claims that are asserted as a result of a breach of the foregoing obligations.<\/p><\/p>\n\n\n\n7.6 Editing and warranty<\/h4>\n\n\n\n
The editing of the photo and video recordings is done following the Recording Date. The editing does not extend beyond the retouching of the photos using the image parameters and small corrections, such as removing small blotches or shadows. Where videos are produced, editing entails technical steps, in particular cutting the individual sequences of video and audio. The customer acknowledges the artistic and editorial freedom in the creation of photos and videos. There is no entitlement to post-editing of the photos and videos.<\/p><\/p>\n\n\n\n
In the case of StepStone Emotions video products of category PURE (clause 7.3<\/a>), the customer has the option to communicate any change requests to StepStone within thirty (30) days of the product being made available. On delivery of the corrected video (\u201c1st<\/sup> correction run\u201d), StepStone shall implement further change requests of the customer that are made within fourteen (14) days following the 1st<\/sup> correction run (\u201c2nd<\/sup> correction run\u201d).<\/p><\/p>\n\n\n\n8. Applicant database (DirectSearch Database) <\/h3>\n\n\n\n
8.1 Description of service <\/strong><\/h4>\n\n\n\n
StepStone maintains online databases containing CVs of job seekers (\u201ccandidates\u201d). Candidates can store their profiles or CVs in these databases. On activation, the candidate publishes these in the StepStone database either in a form in which only certain data is disclosed (\u201cpartially active profile\u201d), or in such a way that all data from their profile can be viewed directly in the database (\u201copen profile\u201d). Customers who book access to the applicant database may directly view personal data associated with open profiles in the database and enter a message, or a contact request in the case of partially active profiles, which StepStone then forwards to the candidate by e-mail. <\/p><\/p>\n\n\n\n
Furthermore, as a free additional service, the customer may save comments in its account related to candidates whose profiles it can view anonymously or publicly. StepStone stores and processes these comments on the customer\u2019s behalf in accordance with Art. 28 GDPR. This is subject to the product-specific terms for StepStone contract data processing. For the avoidance of doubt it is noted that the remaining services within the context of the DirectSearch Database are not performed as contract data processing. In this case, StepStone merely provides the content that the applicant stores with StepStone and remains the data controller under data protection law. The customer may be an additional data controller to the extent it uses such data. <\/p><\/p>\n\n\n\n
Access to the applicant database is highly personal and only granted to the customer for its own use. Access to the applicant database and the viewed profiles must not be forwarded to third parties. Access for the purpose of soliciting our customers is not permitted. The customer must not set up any hyperlinks (\u201cdeep links\u201d) from its website to StepStone\u2019s applicant database. StepStone reserves the right to prosecute any breach of these stipulations without undue delay and with no prior warning. <\/p><\/p>\n\n\n\n
If a candidate deletes or deactivates their CV, the candidate is automatically deleted from the DirectSearch Database and access is no longer possible. The comment stored pursuant to clause 8.1.2 is then also no longer available. <\/p><\/p>\n\n\n\n
The applicant database may not be used to search for candidates using search criteria that are in breach of the German Equal Treatment Act (AGG). <\/p><\/p>\n\n\n\n
The customer has read access to a specific, contractually determined quantity of profiles in the applicant database. Up to 500 profiles may be e-mailed within 30 days with the goal of filling a concrete position, either directly in the case of open profiles or via a prior request for partially active profiles. A maximum of 99 profiles may be contacted at a given time. Bulk e-mails and promotional e-mails are not permissible. StepStone reserves the right to block the customer\u2019s access in the event of non-compliance. <\/p><\/p>\n\n\n\n
Candidates with partially active profiles can block certain companies. In these cases the customer in question is no longer able to contact the candidate. <\/p><\/p>\n\n\n\n8.2. Obligations on the customer <\/strong><\/h4>\n\n\n\n
The customer is required to act in accordance with the applicable legal regulations, laws that protect third parties and the principles of common decency. <\/p><\/p>\n\n\n\n
In particular, the customer undertakes not to pass on personal data of candidates, unless this is necessary to fill a specific vacant position, to treat such data confidentially and to comply with all data protection regulations. Candidate data may only be processed in connection with the filling of a specific vacant position and candidates may only be contacted for this purpose. StepStone assumes that storage is necessary for a maximum of twelve months, also taking into account possible defence of claims under the AGG, so that the customer undertakes to delete any data of the data subject that is stored and received from StepStone no later than twelve months after access to the data. StepStone reserves the right to block the customer\u2019s access in the event of non-compliance. <\/p><\/p>\n\n\n\n
If a candidate asks StepStone to delete his or her data and StepStone notifies the customer accordingly, the customer is required to delete all copies, files or data belonging to a given candidate without undue delay. <\/p><\/p>\n\n\n\n
Candidate information is provided solely by the candidates themselves, meaning that StepStone cannot guarantee its completeness, correctness, accuracy or availability. Similarly, StepStone cannot guarantee a specific number of responses. <\/p><\/p>\n\n\n\n
The customer is aware that special rules apply to the transfer of data from outside of the European Union or the EEA. Accordingly, the customer shall only transfer personal data to third countries in accordance with the provisions of Articles 44-49 GDPR. <\/p><\/p>\n\n\n\n
The customer shall indemnify StepStone against all losses, costs, claims, damages and other expenses incurred by StepStone due to non-compliance with the customer’s obligations. <\/p><\/p>\n\n\n\n9. Video Job Interview Function <\/h3>\n\n\n\n
10. JobFeed <\/h3>\n\n\n\n
10.1 Description of service <\/strong><\/h4>\n\n\n\n
10.2 Booking and Term <\/strong><\/h4>\n\n\n\n
Each job advert that is transferred to StepStone by the customer via the JobFeed, represents a booking of a job advert with a placement period of 30 days and entitles StepStone to invoice the customer. The same shall apply in the event that content is available through the JobFeed after this period of time and represents a new booking of a job advert.<\/p>\n\n\n\n
Unless otherwise agreed, the JobFeed data comparison is performed once per day. <\/p>\n\n\n\n
If the customer removes the content of a job advert from the database accessed by the JobFeed, it will no longer be displayed as a job advert on the StepStone websites. <\/p>\n\n\n\n11. StepStone Recruiter Space <\/h2>\n\n\n\n
11.1 Description of service <\/strong><\/h4>\n\n\n\n
StepStone grants to the customer the non-exclusive and non-transferable right limited to the contractual period to use the Recruiter Space job advert tool. StepStone shall provide the Recruiter Space job advert tool for 20 hours out of 24 daily at http:\/\/www.stepstone.de\/corporate\/index.cfm for use by the customer. The Recruiter Space tool enables the customer to create adverts itself and to publish them.<\/p>\n\n\n\n
StepStone shall issue the customer with a user ID and a password for logging on to the server. The customer may change the password at any time. Within its general area of responsibility, the customer is responsible for ensuring that the user ID and the password can only be used by people who are authorised to access the StepStone Recruiter Space. The customer shall also observe any additional security criteria of which it is made aware. If an agency is acting for or on behalf of the customer, the same rules apply. StepStone shall also issue the agency with access rights to job adverts of the agency\u2019s customers on request so that the agency can maintain the adverts for its customers and create new adverts for them. To this end the agency will also be given access to statistics and current contrast data as well as sight of old adverts published for the customer. To do so, the agency shall obtain the customer\u2019s consent and provide evidence to StepStone on request. The agency shall be liable to StepStone if any claim is made against StepStone for any unauthorised forwarding of the customer’s access rights and information. <\/p>\n\n\n\n
If an application has been transmitted to the customer\u2019s specific applicant administration account within the StepStone Recruiter Space pursuant to clause 1.1.2<\/a>, the customer can view the application there and also enter notes on the respective candidate and, if necessary, depending on the functionality, record the status of the application and communicate with the applicant. <\/p>\n\n\n\n
In connection with the application, the customer may also access any MyStepStone profile the applicant might have via applicant administration. However, the MyStepStone profile can only be accessed as long as it is active, that is, if the applicant changes their settings or deletes their profile, it is no longer possible to access the profile. Applicant data sent by the applicant is not affected as a result. <\/p>\n\n\n\n11.2 Data protection <\/strong><\/h4>\n\n\n\n
12. Customer disclosure obligations <\/h2>\n\n\n\n
12.1 Pursuant to section 312i BGB, Art. 246c of the Introductory Act to the German Civil Code (EGBGB), StepStone will provide the following information: <\/strong><\/h4>\n\n\n\n
12.2<\/h4>\n\n\n\n
12.3<\/h4>\n\n\n\n
12.4<\/h4>\n\n\n\n
12.5<\/h4>\n\n\n\n
13. StepStone FollowAd <\/h2>\n\n\n\n
13.1 Description of service<\/strong><\/h4>\n\n\n\n
The StepStone FollowAd enables the customer to publish banner adverts in formats defined by StepStone on third-party websites that are visited by users who have previously searched for or accessed job adverts for specific professional categories on StepStone\u2019s sites. To do so, the customer selects specific professional categories defined by StepStone and provides StepStone with banner advertising for products that the customer regards as potentially interesting to such users of the StepStone sites who have visited job adverts in these specific professional categories on the StepStone websites. StepStone displays this banner advertising specifically to users who have visited such job categories on the StepStone sites on third-party websites as part of a partner network selected by StepStone. If a budget has been specified under clause 12.3.1<\/a>, the banner advert will be displayed until the budget is exhausted. Otherwise the banner advertising runs for the whole of the term pursuant to clause 12.4<\/a>. <\/p>\n\n\n\n
StepStone can only display the banner advertising if the respective user accepts the cookies required for the Follow Ad and does not delete them. Further, the individual users may object to the display of the targeted advertising on the third-party websites or to the operator of the partner network. <\/p>\n\n\n\n
Individual users are allocated to a professional group based on their search behaviour and the adverts and pages they visit. StepStone has no way of knowing whether the user actually works in these professional categories or that the user has any actual interests there. StepStone is therefore liable neither for a particular interest of the users in the banner advertising nor a specific reaction of the user to the banner advertising. <\/p>\n\n\n\n13.2 Obligations on the customer <\/strong><\/h4>\n\n\n\n
The customer undertakes to provide the banner advertising to StepStone in the formats defined by StepStone no later than X working days prior to the scheduled launch of the campaign. If it selects the option \u201cPowered by Stepstone\u201d, it is required to integrate the graphic elements supplied by StepStone into its advertising materials at the specified place at the specified size. <\/p>\n\n\n\n
The content of the banner advertising must not promote any competitor of StepStone. Additionally, the banner advertising must not contain any disallowed content as set down at part A, clause 7<\/a> of these GTC, to which full reference is made. <\/p>\n\n\n\n13.3 Remuneration and billing<\/h4>\n\n\n\n
StepStone is remunerated for the publication of the FollowAd on a TAI basis. That means that StepStone receives the remuneration agreed in the contract for a thousand views of the banner advertising. <\/p>\n\n\n\n
StepStone and the customer can agree a budget in the contract. This budget is either expressed as a maximum number of thousand impressions or as a sum that is expressed as the product of the TAI and the maximum number of thousand impressions. If the budget is reached, the customer shall not owe any remuneration for any banner adverts that StepStone publishes in excess of this budget. <\/p>\n\n\n\n
Billing is performed on the basis of the reports by the partner network selected by StepStone. Its reports are binding both on StepStone and the customer. If the customer has any objections regarding the reports, StepStone shall exercise its rights of review at the customer\u2019s express written request to which StepStone is entitled under its agreement with the partner network, provided the customer accepts the resulting costs incurred by StepStone. <\/p>\n\n\n\n13.4 Term<\/strong><\/h4>\n\n\n\n
C. Data Processing<\/h2>\n\n\n\n
Processing of personal data by StepStone on the customer\u2019s\nbehalf<\/h2>\n\n\n\n
1 Contract data processing<\/a><\/h3>\n\n\n\n
\nIn the context of the comment function within the applicant database (also\nknown as \u2018DirectSearch Database\u2019) as referred to in Part B, clause 8.1.2<\/strong><\/a> and the note function in the StepStone\nCustomer Centre as referred to in Part B,\nclause 10.1.3<\/strong><\/a> and the Video Job Interview Function, StepStone processes personal data for the purpose\nspecified in the respective clause and in the manner specified in the\nrespective clause on the customer\u2019s behalf within the meaning of Art. 28\nGeneral Data Protection Regulation (GDPR) observing with the following\nprovisions.<\/p>\n\n\n\n
\n<\/strong>StepStone processes personal\ndata only under a contract and in accordance with the customer\u2019s documented\ninstructions, unless a derogation within the meaning of Art. 28 (3) (a) GDPR\napplies.<\/p>\n\n\n\n
\n<\/strong>Contract data processing is\nperformed exclusively in Member States of the European Union or in another\nContracting State to the Agreement on the European Economic Area, unless\ninstructions to the contrary have been issued and transmission is permitted in\naccordance with the provisions of Art. 44 to 49 GDPR. Upon conclusion of\nthe contract, the instruction is given to transfer personal data to the other\nprocessor Akamai Technologies, Inc., 150 Broadway, Cambridge, 02142 MA, USA as\npart of the measures to be implemented in accordance with Part C, clause 3.3<\/strong><\/a> as provided in section 6<\/a> below. This transfer is permitted under\nArt. 45 GDPR as Akamai Technologies, Inc. is Privacy Shield certified and\ntherefore has an adequate level of data protection under Commission\nImplementing Decision (EU) 2016\/1250\n(https:\/\/eur-lex.europa.eu\/legal-content\/EN\/TXT\/HTML\/?uri=CELEX:32016D1250&from=EN).\nThe certification can be viewed at https:\/\/www.privacyshield.gov\/participant?id=a2zt0000000Gn4RAAS&status=Active<\/a>.<\/p>\n\n\n\n
\n<\/strong>The duration of the contract\ndata processing shall be equivalent to the duration of the use of the Customer\nCentre. If a contract governing the publication of job adverts and\/or the use\nof the applicant database comes to an end (DirectSearch Database),\ncorresponding access (to the Customer Centre and the applicant database resp.\nthe Video Job Interview Function) will be deactivated. If a new contract is\nconcluded, access will be re-activated, provided the contract governing use of\nthe Customer Centre has not ended beforehand.<\/p>\n\n\n\n
\nIn the context of applicant\nmanagement, data subjects are persons who have applied for an open position\nwith the customer via the StepStone application form or the Video Job Interview\nFunction. In the context of the DirectSearch Database, data subjects are\npersons who have created a StepStone profile.<\/p>\n\n\n\n
\nData that can be viewed by\nthe customer and StepStone in the context of applicant management is all the\npersonal data that has been provided and transmitted by the candidate as well\nas such data that can be used to identify the candidate. This therefore\ngenerally encompasses all CV-related data, such as name, address, telephone\nnumber, date of birth and details concerning education and professional\nexperience. Furthermore, data captured by the customer regarding the\napplication may be added to such data. This includes information that the\ncustomer makes when using the comment function or note function or by assigning\nan application status as well as in case of using the Video Job Interview\nFunction the recorded candidate videos.<\/p>\n\n\n\n
\nIn the context of applicant\nmanagement, the object and purpose of processing is the transmission of data\nprovided by the applicant to the customer. Transmission takes place by\nproviding the application data in the customer-specific account in the\nStepStone Customer Centre. For the customer to be able to view the data, the\ncustomer has to be logged in. If the customer creates a note, a comment or\nassigns a status to the application, this information is likewise saved in the\nCustomer Centre. Insofar as a status can be assigned to the application through\nthe Customer Centre, the customer entrusts StepStone to directly inform the\napplicant of this status.<\/p>\n\n\n\n2 Obligations of the customer as client<\/a><\/h3>\n\n\n\n
\nPursuant to Art. 4 No. (7)\nGDPR, the customer is the controller under data protection law for personal\ndata collected and processed by StepStone in accordance with the terms of the\ncontract.<\/p>\n\n\n\n
\nThe customer shall\ncomprehensively inform StepStone without undue delay if it discovers errors or\nirregularities with regard to data protection regulations when reviewing the\nresults of the processing.<\/p>\n\n\n\n
\nThe customer shall keep a\nrecord of processing activities pursuant to Art. 30 (1) GDPR.<\/p>\n\n\n\n3 Duties of StepStone as\ncontractor<\/h3>\n\n\n\n
\nStepStone shall inform the customer without undue delay if StepStone is of the\nopinion that an instruction from the customer breaches applicable laws.\nStepStone may suspend implementation of the instruction until it has been\nconfirmed as being permitted or modified by the customer.<\/p>\n\n\n\n
\nStepStone shall comply with\nthe provisions of this data processing agreement and relevant applicable data\nprotection laws, in particular the GDPR.<\/p>\n\n\n\n
\nStepStone shall take\nappropriate organisational and technical measures in accordance with the\nrelevant data protection laws, including the GDPR and in particular Art. 32\nthereof, to protect the personal data of the data subjects and their rights and\nfreedoms, taking into account implementation costs, the state of the art,\nnature, scope and purpose of processing as well as the likelihood of occurrence\nand severity of the risk. These protective measures are recorded in the\noverview of technical and organisational measures, which can be referred to in Annex 2<\/a>. The technical and organisational\nmeasures are subject to technical progress and further development. In this\nrespect, StepStone is required to check the effectiveness of the measures and\nadapt them accordingly as technology progresses. Alternative protective\nmeasures are permitted as long as they do not fall below the protective level\nof the defined measures. Significant changes must be documented and reported to\nthe customer without undue delay. If the measures are changed in such a way\nthat, from the customer\u2019s point of view, StepStone cannot guarantee equivalent\nor higher protection of the data, the customer has the right to extraordinary\ntermination after unsuccessful issuance of instructions with regard to the\nservices covered by these additional conditions for contract data processing.\nThe same applies if notice of such changes is not provided.<\/p>\n\n\n\n
\nStepStone shall provide the\ncustomer with the information necessary for the record of processing activities\npursuant to Art. 30 (1) GDPR and shall keep a separate list of all categories\nof processing activities carried out on behalf of the customer pursuant to Art.\n30 (2) to (5) GDPR.<\/p>\n\n\n\n
\nAll persons who can access\npersonal data processed on behalf of the customer in accordance with the\ncustomer\u2019s contract shall be bound to confidentiality in accordance with Art.\n28 (3) (b) GDPR and shall be informed of the special data protection\nobligations resulting from the contract as well as the existing\nbinding instructions and\/or purpose.<\/p>\n\n\n\n
\nStepStone is required to\nappoint a company data protection officer. The current contact details are\neasily accessible from StepStone\u2019s website.<\/p>\n\n\n\n
\nStepStone guarantees\nprotection of data subject rights and supports the customer to the necessary\nextent in responding to requests to exercise data subject rights pursuant to\nArt. 12 – 23 GDPR. StepStone shall inform the customer without undue delay if a\ndata subject contacts StepStone directly for the purpose of providing access,\nrectification, erasure or restricting the processing of their personal data.<\/p>\n\n\n\n
\nStepStone shall inform the\ncustomer in text form without undue delay in the event of operational\ndisruptions, suspected personal data breaches pursuant to Art. 4 No. 12 GDPR in\nconnection with data processing or other irregularities in the processing of\nthe data for the customer. In consultation with the customer, StepStone shall\ntake appropriate measures to secure the data and to minimise possible adverse\nconsequences for data subjects insofar as the personal data breach was\nStepStone\u2019s responsibility.<\/p>\n\n\n\n
\nIn the event that the data\nprotection authorities investigate StepStone, the customer must be informed\nwithout undue delay to the extent the investigation relates to the subject\nmatter of the contract.<\/strong><\/p>\n\n\n\n
\nIn the event that StepStone\nintends to process data from the customer \u2013 including transfer to a third\ncountry or an international organisation \u2013 without having been instructed to do\nso by the customer, i.e. because StepStone is required to do so pursuant to\nArt. 28 (3) first sentence (a) GDPR, StepStone will inform the customer without\nundue delay of the purpose, legal basis and data concerned, unless and to the\nextent that such a notification is prohibited by law.<\/p>\n\n\n\n4 Audits including inspections<\/a><\/h3>\n\n\n\n
\nStepStone shall provide the\ncustomer all necessary information to verify the obligations set out in the\ncontract. StepStone shall permit the customer to conduct audits, including\ninspections in accordance with Art. 28 (3) (h) GDPR, before the commencement\nand during the term of this agreement after reasonable prior notice and during\nnormal business hours (9:00-18:00). The customer is entitled to satisfy itself\ndirectly, or through suitable third parties bound to professional secrecy, of\nthe observance of the technical and organisational measures before commencement\nand during contract data processing, after timely notification at the business\npremises during normal business hours without disturbing the course of\nbusiness. The result of these audits shall be documented and signed by both\nparties.<\/p>\n\n\n\n
\nAs verification of the\ntechnical and organisational measures, StepStone may also submit current\ncertificates, reports or report extracts from independent bodies (e.g.\nauditors, internal auditors, data protection officers, IT security department,\ndata protection auditors, quality auditors) or a suitable certification by IT\nsecurity or data protection audit (e.g. in accordance with BSI baseline\nprotection).<\/p>\n\n\n\n5 Additional processors<\/a><\/h3>\n\n\n\n
\nThe subcontractors included\nin the list of subcontractors available in Annex 1<\/a> are approved as subcontractors upon\naward of the contract. StepStone may award contracts to other processors\n(subcontractors) by informing the customer in advance of the inclusion or\nreplacement of new subcontractors by notification in text form of the change to\nthe subcontractor list, provided the customer does not object within four\nweeks. If the customer does object, StepStone is entitled to discontinue the\ncomment function in the context of the DirectSearch Database as referred to in Part B, clause 8.1.2<\/strong><\/a> or the services in the context of the\nCustomer Centre as referred to in Part B,\nclause 10.1.3<\/strong><\/a>.<\/p>\n\n\n\n
\nStepStone will impose the\nsame data protection obligations on the subcontractors as those set out in this\ndata processing agreement, so that the processing complies with the\nrequirements of the GDPR.<\/p>\n\n\n\n
\nFurther outsourcing by the\nsubcontractor requires the express consent of the primary contractor (at least\nin text form); all contractual provisions in the contract chain must also be\nimposed on the additional subcontractor.<\/p>\n\n\n\n
\nServices used by third\nparties as ancillary services to assist in the execution of the contract\nprocessing shall not be deemed to be subprocessors. These include, for example,\ntelecommunications services, maintenance and user service, cleaning staff, inspectors\nor the disposal of data media. StepStone is, however, required to make\nappropriate and lawful contractual agreements as well as take control measures\nwith such service providers for the assurance of the protection and security of\nthe customer\u2019s data; this also applies to outsourced ancillary services.<\/p>\n\n\n\n6 Erasure and return<\/h3>\n\n\n\n
<\/p>\n\n\n\nAnnex 1 to StepStone Data\nProcessing Agreement
\nList of subcontractors<\/strong><\/a> <\/h2>\n\n\n\n
\nStepStone\u2019s subcontractors listed below are deemed to have been approved when\nthe contract is awarded:<\/p>\n\n\n\n
Services:
– Hosting and related security services
-Back-up services
– Customer-service troubleshooting support<\/p>\n\n\n\n
Services:
– Hosting and related security services
-Back-up services
– Customer-service troubleshooting support<\/p>\n\n\n\n
\nServices:
\n– Hosting and related security services
\n-Back-up services
\n– Customer-service troubleshooting support<\/p>\n\n\n\n
\nServices:
\n– Customer-service troubleshooting support<\/p>\n\n\n\n
\nServices:
\nStepStone uses Akamai as a Web Application Firewall as part of its technical\nand organisational protection measures and therefore delivers content to\nwebsite visitors via Akamai in order to protect its systems.<\/p>\n\n\n\n
\nServices: see Akamai Technologies GmbH, Akamai Technologies GmbH uses Akamai\nTechnologies, Inc. as a subcontractor.<\/p>\n\n\n\n
\nServices:
\nHosting and related security services (provided exclusively within the EU).<\/p>\n\n\n\n
\n<\/strong>Services:
\nStepStone\nuses Cammio to conduct Video Job Interviews.<\/strong>
<\/p>\n\n\n\nAnnex 2 to the StepStone\nData Processing Agreement
\nTechnical and organisational measures<\/strong><\/h2>\n\n\n\n
\n1.1
\nPhysical access control:<\/strong> No\nunauthorised physical access to the data-processing facilities, ensured as\nfollows:
\nThe data centres have a multi-layered security structure. The exterior areas of\nthe data centres are equipped with high-security fences and walls. The\nentrances are protected by security personnel 24 hours a day, seven days a\nweek. The facilities are monitored by security cameras. Access to the server\nrooms is secured by magnetic cards. The systems are stored in locked server\ncabinets.
\nComprehensive security measures are also in place at the respective StepStone\nsites. Access is only possible by means of magnetic cards and visitors must be\ngranted special access.<\/p>\n\n\n\n
\nSystem access control:<\/strong> No\nunauthorised system use, ensured as follows:
\nThe customer can only access the data processed on its behalf after logging\ninto the customer area using the password it has specified. StepStone only\nstores the log-in details in encrypted form.
\nBy default, the data flow between users and the system is end-to-end encrypted\nusing the Transport Layer Security (TLS) protocol.
\nStepStone uses Akamai\u2019s services as a Web Application Firewall for its systems.
\nStepStone has an internal password policy for its employees that requires,\namong other things, that passwords must be at least eight characters long and\nbe changed regularly, must not be identical or similar to the user name, must\ncontain at least three of the four following characters: i) upper-case letters,\nii) lower-case letters, iii) digits, iv) symbols.<\/p>\n\n\n\n
\nData access control:<\/strong> No\nunauthorised reading, copying, changing or removal within the system, ensured\nas follows:
\nThe data access rights of the customer are strictly limited to the data that is\nactually processed on behalf of the respective customer. Only specifically\ndefined StepStone personnel can access data that is processed on behalf of the\ncustomer, provided this is required for system administration and customer service\npurposes at the request of the respective customer.
\nThe system logs all events related to data processing on behalf of the\ncustomer.<\/p>\n\n\n\n
\nSeparation control:<\/strong> Separate\nprocessing of data collected for different purposes, ensured as follows:
\nThe StepStone Customer Centre is multi-client capable, so that every logged-in\ncustomer can only see the data that is connected to its account.<\/p>\n\n\n\n
\nPseudonymisation (Art. 32 (1) (a) GDPR; Art. 25 (1) GDPR): <\/strong>Not relevant, as the customer requires\nnon-pseudonymised access to the data.<\/p>\n\n\n\n
\n2.1
\nTransfer control:<\/strong> No\nunauthorised reading, copying, changing or removal during electronic transfer\nor transport, ensured as follows:
\nAll data sent over publicly accessible networks is end-to-end encrypted using\nthe Transport Layer Security (TLS) protocol.<\/p>\n\n\n\n
\nInput control:<\/strong> Determining if\nand by whom personal data has been entered, modified or removed within data\nprocessing systems, ensured as follows:
\nThe StepStone system logs the activities of each log-in and log-out as well as\nany processing, addition, modification and deletion of data by the respective\nuser, as well as the relevant time (by time stamp).<\/p>\n\n\n\n
\nAvailability control:<\/strong>\nProtection from accidental or intentional destruction or loss, ensured as\nfollows:
\nAnti-virus programs and firewalls are used. StepStone uses Akamai\u2019s services as\na Web Application Firewall for its systems. The hosting environment is equipped\nwith fire detectors, water leakage detectors and raised floors. Temperature and\nhumidity are constantly monitored to maintain predefined values. There is an\nuninterruptible power supply for at least 72 hours.<\/p>\n\n\n\n
\nTimely restoration (Art. 32 (1) (c) GDPR), ensured by
\nBack-up procedures;
\nUninterruptible power supply (UPS);
\nSeparate storage;
\nVirus protection and firewalls;
\nEmergency and contingency plans;
\nEmployee training.<\/p>\n\n\n\n
\n4.1
\n<\/strong>StepStone organises regular\naudits with external service providers to check its data security standards and\nprocesses. Network penetration tests are carried out regularly.<\/strong><\/p>\n\n\n\n
\n<\/strong>We track and verify protocols\non two levels before the request reaches our application servers. This is done\non a firewall and a web application firewall level. This allows us to analyse\nand block any unusual queries to the database at the data provisioning level,\npreventing SQL injection attempts. The system itself logs incorrect log-in\nattempts if the request was made through firewall and WAF.<\/strong><\/p>\n\n\n\n
\n<\/strong>Our data protection measures are continuously reviewed in a PDCA cycle.<\/p>\n\n\n\n