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| DATE | 2017-08-26 |
| FROM | Ruben Safir
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| SUBJECT | Subject: [Hangout - NYLXS] Trying to read the wanted adds
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Subject: [Hangout - NYLXS] Trying to read the wanted adds
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If one wants to apply for a job from the NY Times they now have to agree
to all this:
License and Terms and Conditions CAREER of Experteer GmbH
=C2=A7 1 Preliminary provisions
All subsequent provisions relate to the Internet project of
Experteer GmbH, Munich, that is operated under different Internet
domains belonging to Experteer GmbH (including www.experteer.de,
www.experteer.at, www.experteer.ch, www.experteer.com, www.experteer.fr,
www.experteer.be, www.experteer.it, www.experteer.co.uk) - hereinafter
referred to as "Experteer CAREER".
These provisions define the conditions under which Experteer
CAREER is to be used. These Terms of Use apply for all users of
Experteer CAREER, even if they use or access Experteer CAREER from
outside the Federal Republic of Germany.
By registering with Experteer CAREER, the user bindingly
declares to have read and understood these Terms of Use and to agree to
them. If he does not agree to them he must refrain from registering.
Persons who have not yet turned 18 are not permitted to use this service.
Experteer CAREER is an Internet platform that provides users
with different services in relation to searching for jobs and
establishing contact. Unless explicitly detailed otherwise, all new
offers that extend or improve current services - which includes the
offer of new services - are subject to these Terms of Use. The services
are offered in a design approved by Experteer CAREER and are subject to
availability.
Experteer CAREER reserves the right to change, interrupt, or
withdraw all or individual services temporarily or permanently at any
time, and to communicate or not communicate this to the user. The user
hereby consents that Experteer CAREER is not liable towards him or third
parties for changes, interruptions, or the withdrawal of individual or
all services.
The Internet services will normally be available 24 hours a day,
7 days a week. Experteer CAREER endeavors to achieve the highest
possible availability of the servers and thus the contents and saved
messages, but is unable to guarantee this or commit to specific
availability percentages.
Experteer CAREER is unable to guarantee successful job
placements during the contractual term. Experteer CAREER will only
endeavor to provide a job placement service but not its success.
Experteer CAREER is therefore not liable in situations where a
successful job placement is not achieved during the contractual term.
Every user must release Experteer CAREER from any liability and
from all obligations, charges and claims resulting from libel, insult,
violation of personal rights, failure to provide services for users, or
damage to immaterial assets or other rights. Any costs incurred by the
service or its managers, directors, employees, representatives and/or
third parties in this regard for appropriate legal defense or action
against the third parties will be at the user's expense.
=C2=A7 2 Copyrights
Registration in accordance with =C2=A7 1 (3) does not involve a
transfer of property rights or rights of use, licenses or other software
rights to the user. All rights to the software used, IDs, titles,
brands, and copyrights as well as other commercial rights of Experteer
CAREER remain with Experteer CAREER without restriction. All published
work results and information are subject to Experteer CAREER's
copyright. This only excludes published work results and information
created by the user or a third party and taken over by Experteer CAREER
without any changes to be published on the Internet.
The user is solely responsible in terms of press law,
competition law, and otherwise for the contents he has provided for
publication. By registering, the user confirms that he has obtained all
rights of use required for placement on the Internet by the owners of
copyrights, ancillary copyrights, and other rights to the documents and
data he has provided or that he is permitted to freely use them.
=C2=A7 3 Data protection
The security and protection of Experteer user data is a special
concern. Experteer promises to comply with data protection laws and in
particular with the German Data Protection Act (BDSG =E2=80=93 German acron=
yms)
and the Telemedia Act (TMG =E2=80=93 German Acronyms).
It is hereby informed that pursuant to Article 33 (1) of the
BDSD, Experteer electronically collects, processes and stores user data,
provided by the user within the registration process and the completion
of the user=E2=80=99s personal profile, in a machine-readable form. As part=
of
the contractual provision of services, personal data is collected,
processed and used. Personal data refers to any data that contains
information about personal and factual circumstances of a specific or
identifiable user. In addition, all application documents uploaded by
the user are saved for 1 year. This data will be saved electronically.
Furthermore, data from the access of the web pages will be recorded.
The user is therefore responsible for maintaining the security
of his login access data (email address and password.)
By registering with Experteer, the user agrees to the
collection, use and analysis of his data, as indicated in the Privacy
Policy. The user agrees that Experteer may use his anonymized data for
the purpose of consulting, advertising, market research, and for
improving and customizing the service. According to Article 15 (3) of
the TMG, each user can opt out of the usage of his data for the purpose
of consulting, advertising and market research by third parties, as well
as the creation of anonymous user profiles. To opt out, the user must
send an email to info.us-at-experteer.com.
The purpose of data collection is to provide users with a
smooth, efficient, fast and goal-oriented internet service. The analysis
of registered and unregistered users is necessary in order to
continually improve the services of Experteer and develop the missing
functions. To this end, Experteer will use information voluntarily
provided by the user during the registration process, as well as
information used for the completion of the user=E2=80=99s own profile, and =
the
log files to analyze anonymized user profiles, i.e. the identity of the
user will remain unknown and cannot be associated with the user=E2=80=99s
personal data.
Various recruiting groups on Experteer (Headhunters, Corporate
Recruiters, as well as recruiters from the Experteer Partner network
(see below)) will have access to the personal data of the user,
according to the visibility settings as indicated by the user in his
Experteer profile. The user has the option to individually determine
which kind of users can view his profile fully, or anonymously, and can
change these settings at any time. In order to make the profile
available for more headhunters and corporate recruiters, the data may
also be transmitted to other partners in the recruiting world (for
example, job portals or recruiting software companies =E2=80=93 please see =
our
current list of Experteer Partners). Experteer is not responsible for
the confidentiality of user data and application data of the recruiter
(headhunter and/or companies). As described in Clause 4, the user hereby
agrees by submitting and publishing his profile, in conjunction with his
specified profile settings.
The personal settings, as indicated by the user, will be saved.
This is to ensure that the user=E2=80=99s personal settings will be found a=
gain
with each new session (i.e. with each new login). To do so, Experteer
uses Cookies. A cookie is a text file that stores information about the
user on the user=E2=80=99s computer. The information contained within a coo=
kie
is anonymous, and cannot be connected to the user=E2=80=99s personal inform=
ation
without the user=E2=80=99s permission. Two types of cookies are used: "sess=
ion
cookies," which are temporarily stored on your computer, or "permanent
cookies," text files from a web server that will be permanently stored
on your hard drive. Session cookies expire once you closer your browser,
while permanent cookies may be permanently stored by the user=E2=80=99s bro=
wser
on the hard drive and allow the tracking of the user of our website in
order to continually adapt to the needs of our users. The user has the
option to accept or reject the cookie settings at any time. If he
declines to accept cookies, this may negatively impact his experience on
the website.
If a user accesses Experteer through a partner site (affiliate),
the anonymized data will be stored in a cookie. These cookies do not
contain personal data from the user, they serve only to maintain the
partner program. Experteer cannot control the practices of its partner
cookies and is therefore not responsible. The relevant information can
be found in the privacy policy of the partner companies.
Our website uses Google Analytics, a web analytics service
provided by Google Inc. ("Google"). Google Analytics uses "cookies,"
text files that are stored on your computer and enable analysis of your
use of the website. Google Analytics uses the so-called inter alia
"DoubleClick cookie" to optimize advertisements for the user, based on
the user=E2=80=99s previous visits. This cookie saves information about the=
IP
address, browser type and operating system of the computer, as well as
the URL of the referring website, among other things. The information
generated by the cookie about your use of the website is usually
transmitted to a Google server in the US and stored there. In case of
activation of the IP anonymizing feature on our website, your IP address
from Google will be truncated within Member States of the European Union
or other parties, according to the Agreement of the European Economic
Area. Only in rare cases is the full IP address transmitted to a Google
server in the US and shortened there. On behalf of the operator of this
site, Google will use this information to evaluate your use of our
website, compiling reports on website activity and providing other
website operators with website and internet related services. According
to the conditions of Google Analytics, your IP address, as transmitted
by your browser, will not be combined with other data from Google. You
can refuse the use of cookies by selecting the appropriate settings on
your browser software. However, we point out that in this case, you may
not be able to fully use all features of our site. You can also prevent
the generation of data by the cookie, relating to your use of the
website (i.e. your IP address), and the transmission and processing of
this data by Google, by downloading the following browser plugin:
http://tools.google.com/dlpage/gaoptout?hl=3Den
On our website we make use of Google Analytics, as well as
Universal Analytics functions. Universal Analytics enables us to analyze
activity on our website across devices (e.g. laptops or tablets). This
is made possible by assigning an anonymous User ID to each individual
user. The assignment of a User ID occurs when you create a profile on
Experteer, or when you log in to your own personal account. However, no
personal data will be forwarded to Google. (The fact that Universal
Analytics adds extra features to Google Analytics, does however not
imply that there will be a compromise of data protection measures in
regards to IP-Masking or the Browser-Add-on.)
http://tools.google.com/dlpage/gaoptout?hl=3Den.
On our page, we also use the service of Criteo SA, 32 Rue
Blanche, 75009 Paris, France to offer personalized and relevant
promotional ads to our site-users based on their browsing activity. For
this purpose, Criteo SA collects and stores the surfing behavior of the
visitors on our site through an anonymous form. Criteo SA uses
anonymized cookies placed on browsers that never collect identifying
personal data such as a name or address. Therefore, identification of
the site-users is not possible and only the identification of the
browser (desktop, tablet or smartphone) used by the users are stored.
There is no further use or disclosure of this data. You may manage the
storage of cookies by configuring the settings in your browser. You may
also permanently disable the use of Criteo cookies by following the link
below to change your cookie settings: http://www.criteo.com/privacy/.
For more information about the use of this technology, please refer to
the Privacy Policy of Criteo SA at http://www.criteo.com/privacy/.
On some of our sites, Experteer uses "social plugins" for the
social network facebook.com, which is operated by Facebook Inc., 1501 S.
California Ave, Palo Alto, CA 94304, USA. The "Like" button is also such
a social plugin. If a user interacts with such a plugin, a direct
connection will be established between the user=E2=80=99s browser and Faceb=
ook.
Through this interaction, the information concerning which pages of the
Experteer website the user has visited will be directly transferred to
Facebook. Users who are logged into Facebook will have this information
automatically connected to their personal Facebook account, and this
data will be saved. Purpose and scope of data collection, as well as
information concerning the further use of this data by Facebook can be
found under the Facebook privacy policy https://www.facebook.com/policy.php
The user understands that Experteer uses "Visitor Action Pixels"
for measuring conversions on its websites, a tool from Facebook Inc.,
1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook"). These
help to track the actions of the users after they=E2=80=99ve viewed or clic=
ked
on a Facebook advertisement, so that the effectiveness of Facebook
advertisements can be collected for statistical and marketing research
purposes. This data is collected anonymously for Experteer, which means
that personal data of individual users cannot be seen. This data will be
saved and processed by Facebook. Facebook can connect this data with an
existing Facebook profile and use it for promotional purposes; it may
also store a cookie on your computer. For purpose and amount of data and
the further usage by Facebook and your rights, please see the privacy
statement of Facebook. https://www.facebook.com/about/privacy/
The user provides express consent to receive email newsletters.
These newsletters are an integral part of the Experteer service, and
regularly inform the user about current topics relevant to the job
market, Experteer news and updates, and supplementary job market news
from Experteer=E2=80=99s partners. In addition, member specific emails are =
sent.
The user can unsubscribe from these newsletters at any time by clicking
on the "Unsubscribe" link at the bottom of each email, or in the
personal "My Account" section of the user=E2=80=99s Experteer account, under
"Emails from Experteer".
When the user would like to modify, correct, or delete his
personal data, he may request this at any time per email, fax, or
letter, with his Account ID and email address included. When a user
deletes his personal data, he effectively ends his Experteer membership.
If the user changes his own data in his account, the old data will be
automatically deleted. A correction or cancellation is not necessary in
this case. Experteer cannot be held responsible for any availability of
data due to caching systems or proxy servers after deletion.
Users are entitled, at any time, to see their Experteer personal
data, free of charge. The request for information must be sent to
Experteer GmbH, Lenbachplatz 3, 80333 M=C3=BCnchen. The user requesting his
information must include a copy of a legal form of identification
(passport, driver=E2=80=99s license, etc). The information will be sent by =
mail
to the user, according to the address listed on his form of identification.
=C2=A7 4 Conclusion of the contract
The user confirms vis-=C3=A0-vis Experteer CAREER that he has reach=
ed
the age of 18.
Experteer CAREER is entitled to check the user's personal data
based on suitable official documents. The user therefore promises to
send to Experteer CAREER copies of official documents - the driver=E2=80=99s
license, in particular - upon request.
The contract is deemed to be concluded as soon as the user has
successfully registered with Experteer CAREER.
=C2=A7 5 Costs
Entering and changing a profile is free of charge. The user can
also receive an unlimited quantity of responses to this advertisement
for free and have limited access to the job database.
If the user wishes to use the job database in full and without
any restrictions or if the user wishes to respond to incoming messages,
he will only be able to do so as a paying user (premium membership).
The fees for the chargeable user status can be viewed here.
If the user wishes to use a chargeable service, he will be made
aware of the obligation to pay beforehand. The costs for the chargeable
service and the form of payment will be explained.
Objections to the costs debited or costs invoiced must be raised
in writing by the user to Experteer CAREER no later than 14 days after
the costs under dispute have been debited or the invoice under dispute
has been received, and reasons for the objections must be provided. If
the user does not raise any justified objections within this 14-day
period, the costs debited or invoiced will be deemed to be accepted.
=C2=A7 6 Payment terms
Payment of the charge mentioned in =C2=A7 5 (3) must be made to
Experteer CAREER in advance and without any deductions. The amount will
be automatically debited from the user's account or transferred by the
user. The payment interval upon conclusion of a premium membership
depends on the term selected and may be 30 days or a multiple thereof.
By registering and providing the relevant bank or credit card
details, the user provides Experteer CAREER with a direct debit
authorization or with an authorization to debit the user's credit card.
=C2=A7 7 Obligations of the users
The content of the profile is the sole responsibility of the user.
It is not permitted to store in the profiles any content of a
sexual or pornographic nature, content that violates accepted moral
standards, or any politically radical or other illegal content.
It is not permitted to create profiles for third parties.
It is not permitted to use profiles to commercially advertise
for personal purposes or for third parties. This particularly applies to
advertisements for other Internet offers or advertisements for
chargeable service numbers.
It is not permitted to create profiles in order to use the
resulting e-mail responses for the purpose of collecting e-mail
addresses for commercial use.
The user has no legal claim to publication of his contents.
Photos that are sent to Experteer CAREER in order to be
published as part of the profile must be up-to-date and allow
identification of the relevant user. The entire face must be visible.
Experteer CAREER is not liable in any case for the violation of any
existing third-party copyrights to the photos.
The content of responses to profiles is the sole responsibility
of the user.
All users must treat as confidential e-mails and other messages
or other data they receive in connection with using Experteer CAREER and
they must not make these available to third parties without the
originator's consent. The same applies for names, telephone and fax
numbers, postal and e-mail addresses and/or other users' URLs. It is
also not permitted to forward any non-user data.
It is not permitted to store in responses any content of a
sexual or pornographic nature, content that violates accepted moral
standards, or any politically radical or other illegal content. It is
also not permitted to threaten or disturb others, to violate the rights
of others (including personal rights), or to promise or demand cash or
cash-equivalent services.
It is not permitted to use responses to commercially advertise
for personal purposes or for third parties. This particularly applies to
advertisements for other Internet offers or advertisements for
chargeable service numbers.
Experteer CAREER checks profiles in accordance with the options
available for compliance with these usage terms. However, Experteer
CAREER does not accept co-responsibility for the content of the profiles.
=C2=A7 8 Dissolution of the contract, termination
The user is entitled to withdraw from the contract concluded at
any time. The user is not entitled, however, to receive a refund for the
fee paid to Experteer CAREER.
If a user violates these Terms of Use, Experteer CAREER is
entitled to block access or delete the corresponding entry in full at
any time. If case of doubt, Experteer CAREER is entitled to make the
final decision on the permissibility of the usage in question.
If a user's access is blocked as a result of a contract
violation, Experteer CAREER retains any unused credit on a pro-rata
basis in accordance with the previous usage period plus a lump-sum
processing fee of EUR 25 for preventing the contract violation.
Any incorrect details in the profile made on purpose or with the
intent of fraud may lead to civil law action. This causes the contract
to be dissolved without delay without any reimbursement of the fee paid
to Experteer CAREER.
Following termination of the contract, Experteer CAREER will
delete all data pertaining to the user.
=C2=A7 9 Liability limitations
Termination of the current term can be completed at any time
before the renewal of a new term in the premium user=E2=80=99s account, und=
er
=E2=80=98My Account=E2=80=99 through the link =E2=80=98To change your membe=
rship status, please
click here=E2=80=99.
Experteer CAREER does also not accept any liability if its
Internet platform is disrupted, functionally impaired or destroyed due
to force majeure, strike, lockout, operational disruptions or external
structural damage.
Experteer CAREER excludes any warranty for the functionality of
the Internet platform and makes no assurances regarding the correctness,
suitability, reliability, punctuality or accuracy of the information
placed thereon. This particularly applies for the salary details and
salary ranges detailed.
Experteer CAREER is not liable in situations where unauthorized
third parties obtain knowledge of personal user data (e.g. unauthorized
access by "hackers" to the Experteer CAREER database).
Experteer CAREER is also not liable in situations where third
parties misuse details and information made available to them by the
users themselves.
Experteer CAREER does not accept responsibility for any delay,
deletion, incorrect transfer or storage failure of communication between
users or in connection with personally designed areas.
=C2=A7 10 Experteer Benchmark
We try to provide a salary benchmark against the job
advertisements on the Website as a guide to the level of salary in that
industry segment. We calculate this salary benchmark using our own
models which provide indicative results based on the target salaries of
market leaders in the relevant industry segment.
The user declares his consent to applying the amended Terms of
Use to contracts that were concluded before the amendment if Experteer
CAREER notifies the user that the Terms of Use have been amended and if
the user does not object to the amendment within a period of two weeks
starting from the day following the notification of the amendment.
The salary benchmark does not state the actual remuneration paid
for the position on offer or reflect the actual salaries offered or
normally paid by any company offering that position.
=C2=A7 11 Amendments to the Terms of Use
Experteer CAREER reserves the right to redesign the Terms of Use.
The user declares his consent to applying the amended Terms of
Use to contracts that were concluded before the amendment, if Experteer
CAREER notifies the user that the Terms of Use have been amended and if
the user does not object to the amendment within a period of two weeks,
starting from the day following the notification of the amendment.
In addition to the reference to making available the amended
text, the amendment notice must also include the reference to the
opportunity to object and the period of objection, as well as the
significance or consequences of not objecting. The amendment notice can
be sent by e-mail to the e-mail address provided by the user.
=C2=A7 12 Other provisions
All content of Experteer CAREER is protected by copyright. It is
not permitted to copy or otherwise publish content which includes, in
particular, user profiles and e-mail addresses, unless Experteer CAREER
has authorized this in writing.
Experteer CAREER is not liable for damage to computer systems or
personal annoyances or damage to users of Experteer CAREER that is
attributable to viewing and using Experteer CAREER, responding to a
profile, a fault of Experteer CAREER's Internet or hosting provider or
to calling up external links (includes advertising banners).
Experteer CAREER may exclude users from further using individual
or all offers of Experteer CAREER or rejecting individual profiles
without notice and without having to provide a reason.
If an excluded user continues to use Experteer CAREER's Internet
offer - e.g. by assuming a different identity - Experteer CAREER
reserves the right to take legal action.
The operation of Experteer CAREER is at the sole discretion of
Experteer CAREER. Experteer CAREER is entitled but not obligated to
check the content of any text and any photo entered in relation to the
guidelines underlying these provisions and, if necessary, to amend or
delete it.
Experteer CAREER reserves the right to claim for compensation
regarding any violation of these terms of use, e.g., due to loss of
image. The minimum compensation amount in this case is EUR 500. This is
without prejudice to any other claims for compensation.
The contractual relations between the Parties are subject to
German law.
The sole place of jurisdiction is Munich, Federal Republic of
Germany.
=C2=A7 13 Severability
Should individual provisions of these terms of use be or become
invalid this will not affect the validity of the remaining provisions of
these terms of use. The invalid or incomplete provision will be replaced
by or extended to include a provision that most closely approximates to
the commercially desired result.
=C2=A7 14 Notification of cancellation / Right of cancellation
You have the right to cancel this contract within fourteen days, without
citing a reason.
This period of fourteen days starts from the day when the contract was
first created.
To exercise your right of cancellation, you must send us a clear
cancellation notice (by mail, fax or e-mail) to inform us that you wish
to terminate this contract.
You may use the cancellation form template attached; however, this is
not mandatory.
Cancellation must be sent to:
Experteer GmbH
Lenbachplatz 3
80333 M=C3=BCnchen
Germany
Fax number: +49 (0)89 - 55 27 93 - 101
E-mail address: info.us-at-experteer.com
Sending the cancellation off in time shall be deemed to be complying
with the cancellation period.
The right of cancellation does not apply to renewals of membership per =C2=
=A7 9.
Consequences of cancellation:
In the event of effective cancellation, we will proceed with returning
any payments we received from you, latest in fourteen days from the time
we get your cancellation of contract. For this repayment we shall use
the same payment method you made use of in the original transaction; no
extra charges shall be incurred.
Cancellation form template
End of revocation notice
Munich, October 6, 2015
-- =
So many immigrant groups have swept through our town
that Brooklyn, like Atlantis, reaches mythological
proportions in the mind of the world - RI Safir 1998
http://www.mrbrklyn.com
DRM is THEFT - We are the STAKEHOLDERS - RI Safir 2002
http://www.nylxs.com - Leadership Development in Free Software
http://www2.mrbrklyn.com/resources - Unpublished Archive
http://www.coinhangout.com - coins!
http://www.brooklyn-living.com
Being so tracked is for FARM ANIMALS and and extermination camps,
but incompatible with living as a free human being. -RI Safir 2013
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