General Terms and Conditions for the Use of the HTW Dresden Job Portal
Dresden University of Applied Sciences (HTW Dresden)
Legally represented by the Rector, Prof. Dr.-Ing. habil. Roland Stenzel
The Dresden University of Applied Sciences (HTW Dresden) operates this website to provide information on job offers and to give students and companies the opportunity to get in touch with each other.
Once applicants / job seekers have received confirmation of their registration, they can create a search profile to subscribe to new job offers and useful careers information. Applicants / job seekers can also create an applicant profile. If a match is found with job offers posted by premium member companies, the jobs will be displayed in the account of the applicants / job seekers, so that they can make their profile visible to the company. The legal ground for data processing is the voluntary consent given by the job-seeking portal users. Relevant text passages are highlighted.
Once companies have received confirmation of their registration, they can advertise vacancies and share the contact details of their responsible members of staff.
1. General Information
Search profiles and applicant profiles may only be registered and used on the HTW Dresden job portal on the basis of these General Terms and Conditions.
2. Participation / Use of the System
- Registration is required to enable the full use of the job portal’s functions. Registration on – and the use of – the system is voluntary and free of charge. In the future, however, HTW Dresden reserves the right to discontinue the service at any time and/or offer all or part of its services for a fee after giving users advance notice.
There are additional fee-based services for companies. The relevant contractual arrangements – and offers and costs – can be found in the List of Services and the General Terms and Conditions for the Paid Use of the HTW Dresden Job Portal (Premium Membership).
- Both real names and pseudonyms can be used to register and use the services. However, entering correct data during registration will facilitate communication with users, which is the ultimate purpose of the job portal. Users can create their own profile with personal data (if they choose to provide this). HTW Dresden and its authorised employees may use this data to contact users about their subscription to certain information. The job portal is designed for personal use; rights of use may not be transferred to third parties.
- No individual is automatically entitled to register. HTW Dresden reserves the right to exclude certain individuals from using the job portal and, in justified cases, to delete, undo or correct all external data input after consulting the user concerned.
HTW Dresden shall determine who is entitled to enter data and may withdraw such data input authorisation at any time.
- Before job offers are posted, HTW Dresden shall selectively check whether they comply with these General Terms and Conditions (see Section 5). Job offers are posted for a period of four weeks. They may be reposted after this period.
3. Cancellation of Membership
Each user is given the opportunity to irreversibly delete their account and all associated personal data at any time. This can be done by using the form provided to update the user profile.
4. Data Protection & Consent
The following information is provided in accordance with Article 13 of the EU General Data Protection Regulation: Data processing is carried out by HTW Dresden, Friedrich-List-Platz 1, D–01069 Dresden. The Data Protection Officer can be contacted at email@example.com. All natural persons whose data is processed have the right to request information from HTW Dresden regarding the personal data that is being processed on their person; they also have the right to have their data rectified or deleted, to request the restriction of data processing, to object to data processing, and the right to data portability. If portal users have any questions or would like to exercise any of these rights, they may contact the Data Protection Officer at HTW Dresden (firstname.lastname@example.org). Data subjects also have the right to lodge a complaint with a supervisory authority in accordance with Article 77 GDPR. The supervisory authority responsible for HTW Dresden is the Data Protection Supervisory Authority of Saxony (www.saechdsb.de).
Consent of job-seeking portal users:
Data shall be processed exclusively for the purposes indicated above whenever it is actively disclosed, such as when users create and manage their own profile and make it visible to premium members. Portal users hereby give their consent voluntarily and may revoke this at any time with future effect by editing their profile, changing their visibility or deleting their account in accordance with Section 3.
The presentation of applicant profiles to premium members is actively controlled by applicants / job-seeking users themselves. Employers from outside the European Economic Area and countries without a suitable level of data protection may also use the job portal and, if a user makes their profile visible to such employers, they may access that user’s personal information. By actively making their profile visible, users also explicitly consent to this eventuality. HTW Dresden has no control over the transmission and processing of data carried out by premium members.
5. Industrial Property Rights & Exclusion of Job Offers
- Users agree to observe the copyrights and industrial property rights of third parties. Users particularly agree to only post content on the system to which they own the copyright or at least a simple right of private use, and to immediately notify HTW Dresden if they subsequently discover that the industrial property rights of third parties have been violated by any content they have posted.
- All data entered must comply with the legal provisions. Job offers must not contain any information that is discriminatory, politically extremist, pornographic, harmful to young people or otherwise punishable or offensive. Users are also forbidden from entering data for irrelevant purposes, such as any information used to fully or partially advertise products or services (e.g. spam).
- Job offers and company profiles shall be removed if misleading or incorrect information is entered concerning the provider or contents, or if the contents may harm the public image of HTW Dresden. In such cases, HTW Dresden reserves the right to withdraw the offending party’s authorisation to enter data on the portal.
6. Disclaimer of Warranties, Availability & Liability
- The University shall not assume any liability for the contents, accuracy, completeness or relevance of the data entered by portal users. Furthermore, the University shall not assume any liability for the successful allocation of a job, the achievement of a certain success rate and/or any other advertising goals associated with the use of the job portal.
- HTW Dresden shall endeavour to keep the job portal online without any faults or disruptions to the best of its knowledge, belief and ability. No claims for damages may be asserted on the basis of any technical or textual errors – or any temporary unavailability or inaccessibility – unless such circumstances can be attributed to at least the gross negligence of HTW Dresden or one of its vicarious agents.
- In accordance with the statutory provisions, HTW Dresden may be held fully liable for
- any damage caused by the intentional or negligent injury to life, limb or health;
- any other damage caused by wilful intent or gross negligence; and
- any violation of the German Product Liability Act (ProdHaftG).
Liability for simple negligence is excluded to the extent permitted by law. Liability for gross negligence is limited to the compensation of direct damage. No liability shall be assumed for consequential damages, especially financial loss.
- As part of their internal relationship, users shall release HTW Dresden from its liability towards third parties if a claim asserted by a third party is the sole responsibility of the user.
7. Cancellation Information
Right of Cancellation
Users may revoke their contract within 14 days in writing (e.g. letter, fax or email) without stating their reasons for doing so. This period shall begin once they have received this cancellation information in writing, but not before the contract has been concluded and not before we have fulfilled our duty to provide information in accordance with Article 246 Section 2 in conjunction with Section 1 Paragraph 1 and 2 of the Introductory Act to the German Civil Code (EGBGB), as well as our duties set forth in Section 312g Paragraph 1 Sentence 1 of the German Civil Code (BGB) in conjunction with Article 246 Section 3 EGBGB. A cancellation notice shall be considered timely if it is submitted within this period. All cancellation notices should be addressed to:
Fax: +49 351 462 43343
Consequences of Cancellation
In the event of an effective cancellation, the services and payments received by each party must be returned and any benefits of use (e.g. interest) must be surrendered. If you are unable to fully or partially return or surrender the services or uses received (e.g. benefits of use), or if you are only able to return such in a deteriorated condition, you must compensate us for the value of the services provided. This may mean that you have to fulfil the contractual payment obligations for the period until your cancellation. Any obligations to reimburse payments must be fulfilled within 30 days. This period shall begin for you when you submit your cancellation notice, and for us when we receive it.
Your right of cancellation shall expire prematurely if the purpose of the contract has been completed by both parties at your express request before you have exercised your right of cancellation.
End of Cancellation Information
8. Final Provisions
- No verbal side agreements have been made.
- Any additions and amendments to this Agreement must be made in writing. This also applies to any waiver or amendment of this written form requirement.
- The rights and duties contained in this Agreement may only be transferred or relinquished for exercise by third parties with the prior written consent of the other contracting party.
- If individual provisions contained in this Agreement prove to be fully or partially ineffective, this shall not affect the validity of the Agreement as a whole. In such cases, the contractual partners agree to retroactively replace the ineffective or unenforceable provision with an effective and enforceable regulation that best reflects the intended economic purpose of the original provision. The same applies to any contractual loopholes.
- The contract shall be subject to German law. If a jurisdiction agreement is permissible, Dresden shall be the place of jurisdiction for all disputes arising from or in connection with the contract.