1. Definitions
1.1. The following definitions shall apply:
1.1.1. “Company” or “Recruiter” shall mean any entity accessing the Website in order to look for candidates for permanent or contract jobs.
1.1.2. “Network” shall mean the network of individuals with common interests in and knowledge about specific technologies and business methods, e.g. consultants, support staff, account executives, project leaders, freelancers and employers etc., connected by the technology of Comoto ApS via the Website.
1.1.3. “Candidate” shall mean an individual who has published his/her work experience information in a profile via the Website.
1.1.4. “the Website” shall mean Comoto.com.
1.1.5. “You” and “Your” shall refer to you as a Recruiter and/or user of the Network.
1.1.6. “Invitation” shall mean the electronic message submitted by a Recruiter to a Candidate; or by a Candidate to another Candidate.
1.1.7. “You” shall mean the legal entity that enters into this Agreement in order to exploit the Network in pursuit of filling vacant job positions within that specific legal entity. If a multi-user license is agreed upon, and depending on the context, “You” may refer to the named individuals within the legal entity that enters into this Agreement, who receive their own account.
2. Your rights and obligations
2.1. You may:
2.1.1. Use and search information on Candidates from the Network for the purpose of finding suitable candidates for specific job vacancies (contract or permanent) that You wish to fill;
2.1.2. Use the information about the individuals contained in the Network for the purpose of contacting them through Comoto in relation to a specific job vacancy;
2.1.3. Use the information that You gather via the Network only in connection with Your own recruitment related activities.
2.2. You may not:
2.2.1. Commercially copy, reproduce, transmit, publish, display, distribute, exploit or create derivative works of material and content of Comoto.com, and you may not assist or facilitate any third party to do so.
2.2.2. Supply, sell or license material from the Network, or a copy of it, to any third party.
2.2.3. Contact the individuals in the Network or make or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for specific job vacancies.
2.2.4. Assign any rights or obligations pursuant to this Agreement to a third party without the prior written consent of Us.
2.2.5. Transmit or distribute unsolicited commercial emails or any material which is defamatory, offensive or of any obscene or menacing character, as which may in our judgment cause annoyance or inconvenience or anxiety to any person including without limitation racial, harassing, threatening, vulgar or abusive material, opinions or messages.
2.3. Account and Password: You will have to choose a log-in email address and a password. For safety purposes we urge You to change the password from time to time. It is Your responsibility to safeguard the log-in email and password You select from any unauthorized use and You are fully responsible for all activities that occur under Your password or account with or without Your knowledge. We may deny access to a password if we reasonably believe that an unauthorized person is using it or that the use is breaching these terms and conditions.
2.4 Your subscription can be terminated with 1 month’s notice from the end of your subscription period.
3. Rights and obligations of Comoto ApS
3.1. Whilst Comoto endeavors to ensure the quality of the Comoto Network, we make no warranties as to the truth or accuracy of the information posted by Candidates or other third parties. Comoto ApS does not screen or monitor the profiles of Candidates and we do not act as an employment agency or employment business under this Agreement.
3.2. We will use our reasonable endeavors to maintain the Comoto Network in a full operating condition available to users of the internet 24 hours a day, 7 days a week. However, at times the site may be partially or completely unavailable due to maintenance, technical faults or reasons beyond our control such as failures by third party service providers or a risk of virus attack. We will deal with these situations as quickly as reasonably possible, but You agree that we shall have no financial liability to You in the event of such unavailability.
3.3. We undertake to make all reasonable efforts to ensure a reasonable standard of integrity and reliability of the service.
4. Purpose of agreement
4.1. This Agreement regulates Your access to and usage of the Network, the purpose of which is to:
5. Responses to invitations
5.1. You agree to deal fairly and professionally with individuals who may respond to your invitations and not do anything, which may bring Comoto ApS into disrepute. You will indemnify Comoto ApS from and against any claim brought by an individual against them arising from Your breach of this obligation or any other of these terms and conditions. It is Your responsibility to provide Candidates, who have accepted your Invitation, with feedback including Your submission of letters of rejection etc.
5.2. We do not guarantee any response to your Invitations or that responses will be from individuals suitable for the position You seek to fill. It is Your responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the position and have the required qualifications and personal characteristics.
6. Security
6.1. Comoto ApS shall endeavor to operate the Website in accordance with ethical conduct within the IT industry.
6.2. Comoto ApS shall maintain a reasonable and updated protection against illegal electronic or physical intrusion, malicious damage, theft, hacking or other security breaches of similar nature that can give unauthorized access to the Network.
6. 3. Comoto ApS reserves the right, in its sole discretion, to filter or block electronic messages originating from the identified sources of high volume traffic or other traffic that result in degradation of system processing and response time. Comoto ApS will attempt to selectively restore service after system performance returns to normal limits, provided that such restoration does not result in an adverse impact on the system. Comoto ApS further reserves the right to permanently filter or block repeated sources of high volumes of electronic traffic.
7. Personalized content
7.1. Your experience will be customized in accordance with the information supplied by You via Your account from time to time. We may display information to You from ourselves or third parties when You are logged in, including advertisements, that we find of interest to You.
8. Invitations
8.1. Your company profile will be published on the Website with the level of privacy chosen by You.
8.2. Candidates may request contact with You by sending an Invitation via the Website. An Invitation or an Application will be sent to Your log-in email address and it is Your choice whether to respond to such an Invitation.
8.3. You must deal fairly and professionally with Candidates who may request contact with You and not do anything, which may bring Us into disrepute. You will indemnify Us from and against any claim brought by an individual against Us arising from Your breach of this obligation or any other of these terms and conditions.
8.4. It is Your responsibility to carry out such checks and verification procedures as are customary and prudent given the circumstances.
9. Inactivity
9.1. We will automatically be informed via the Website if Your account has not been accessed for a consecutive period of six (6) months. We will urge You to update Your profile on a regular basis via email.
9.2. Your account will be deactivated if it has not been accessed for a consecutive period of nine (9) months. Neither Your password nor any information contained in or associated with Your account shall be deleted and You may access the Network again at any time by activating Your account.
10. Effective date, term and termination
10.1. This Agreement enters in to force on the date where You agree to the terms of the Agreement by submitting Your consent via the Website.
10.2. We may immediately and without prior notice terminate this Agreement and Your access to the Network, including Your account, with or without cause. Your breach of any of the terms of this Agreement or relevant laws, regulation, statutory codes or official guidance will always result in termination of this Agreement.
10.3. You may ask Us to delete Your profile, including removal of access to the Network, deletion of Your password and all information contained in or associated with Your account. A deleted profile cannot be reactivated; hence, if You wish to join the Network again at a later point in time You must create a new account.
11. Prices, remuneration and terms of payment
11.1. You may create and maintain Your account with the Network in accordance with the current prices published on the Website.
11.2. We reserve the right to charge for further access to the Network or any related service, change the prices, add new services or discontinue the services provided under this Agreement or any portion thereof by giving you one (1) month written notice. This notice may be posted at Your account and the 1-month period shall be calculated from the date of posting.
12. Site availability
12.1. We use our best efforts to ensure that the Website is available to users of the internet 24 hours a day, 7 days a week. However, at times the site may be partially or completely unavailable due to maintenance, technical faults or reasons beyond our control such as failures by third party service providers or a risk of virus attack. We will deal with these situations as quickly as reasonably possible, but You agree that we shall have no financial liability to You in the event of such unavailability.
13. Assignment
13.1. Comoto ApS has a right to assign all its rights and obligations pursuant to this Agreement to a third party.
13.2. You cannot assign any rights or obligations pursuant to this Agreement to a third party.
14. Intellectual property rights
14.1. All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in Comoto ApS. You are permitted to use this material only as expressly authorized by Comoto ApS.
14.2. The material and content contained in the Website is made available for Your personal and non-commercial use only and You may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited.
15. Limitation of liability
15.1. The services offered via the Website are provided to You “as is”. We make no representations or warranties of any kind whatsoever express or implied, in connection with this Agreement or the services, including but not limited to warranties of merchantability or fitness for a particular purpose. We do not warrant that the use of the Website will lead to a specific result for You or any third party.
15.2. Comoto ApS shall ensure, that the Website and software and hardware hereto is adequately protected against unauthorized access, including, but not limited to, hacker and virus attacks. However, Comoto ApS is not liable for damages that are triggered by such unauthorized access.
15.3. Our liability for any loss or damage suffered by You as the result of Your use of the Network is limited to Your actual direct damages and, except in the case of fraud, excludes any loss of future earnings, profit or prospects or any consequential or speculative loss.
15.4. Matters pertaining to You
15.4.1. Comoto ApS shall not be liable for losses of any kind:
15.5. Comoto ApS assumes no responsibility for third party software and can as such not be held responsible for losses caused by third party software.
16. Indemnification
16.1. You agree to indemnify, defend and hold harmless Comoto ApS as well as our directors, officers, employees and local country partners from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to Your use (or the use by any other third party accessing the Network using your user name and password) of the Website.
17. Alterations
17.1. Comoto ApS continues to improve the services of the Website and new services are added from time to time.
17.2. Comoto ApS will make efforts to ensure that alterations and new services will not reduce the functionality of the Website but provides no guarantees to this end.
18. Severance. Survival. Amendments
18.1. If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement.
18.2. No waiver by Comoto ApS shall be construed as a waiver of any proceeding or succeeding breach of any provision.
18.3. Each provision of this Agreement shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
18.4. We may amend this Agreement by thirty (30) days written notice. If You do not agree to such amendments You may terminate this Agreement in accordance with Section 10.3.
19. Communication
19.1. In the course of providing You services, We may need to communicate with You via email. In the course of creating Your account You have agreed to receive emails that relate to the daily operation of Comoto’s services.
19.2. The Parties can communicate with binding effect via mail, fax or email unless otherwise stated in the Agreement. Furthermore, We may communicate with binding effect via notices posted on Your account on the Website. Email notices to You will be sent to Your log-in email address or any of the addresses depicted in the contact details in Your account at the date of the notice.
19.3. Notice given to Comoto ApS shall be sent to the address:
Comoto ApS Nannasgade 28 2200 Copenhagen N Denmark Email: theteam@Comoto.com
19.4. An email shall be deemed as sent, when the email is sent from the IT system, whereto the sender’s email address is connected. An email shall be deemed as having come to hand, when the email is received in the IT system, whereto the receiver’s email address is connected.
20. Dispute resolution
20.1. This Agreement is subject to Danish law without regard to Danish conflict of law rules. Any and all disputes concerning the understanding and scope of this Agreement shall be settled by the County Court of Copenhagen, Denmark.
All content copyright © 2008, Comoto and Comozap. All rights reserved.
Comoto ApS is committed to safeguarding your privacy online. We understand the importance of maintaining the confidentiality of information. The following statement sets out our Privacy Policy. This Privacy Policy may change from time to time so please re-read the Policy periodically. For more information see our Notification of Changes, section 9 below. If you have questions or concerns regarding this Privacy Policy, you should contact Comoto ApS by email or ordinary mail:
Comoto ApS CBR no. 28130023 Nannasgade 28 2000 Copenhagen N Denmark Email: theteam@Comoto.com
1. All visitors
1.1. Statistical information
In general, we gather information about all visitors on the Comoto website, including the portal. The information we gather pertain to general site usage and we use that data in aggregate form only. We provide such aggregated information to customers, advertisers, suppliers and other reputable third parties.
We do not process any personal data unless you decide to register with us as a Candidates (which is any individual who has published his/her work experience information in a profile via the Website) or Company (which is any entity accessing the Website in order to look for potential job candidates).
1.2. Cookies
Cookies are small pieces of information stored by us on your computer’s hard drive by your web browser. Cookies enable us to identify your computer when you access the Website and to provide you with a convenient means of access. We also use cookies to collect aggregate statistical information about the use of the Website.
There is no personally identifiable information held on cookies.
You may choose not to accept the use of cookies by altering the settings of your browser. If you choose not to receive cookies, you may still use most of the features of the Website.
The following shall apply to registered Candidates and Companies/Recruiters.
2. Registration details
In order to create an account you are required to supply contact information such as: name, email address, address, phone number, and to choose a password. This information is stored by us and used to create your account and to provide you with information relevant to your use of the Website.
We further use information collected about you to personalize your visits to the Website and to publish news and display promotions on your account that we consider to be of interest to you.
We will not use your email address for commercial purposes unless we have obtained your explicit consent.
3. Profile information
As a Candidate you will be required to submit information about your work experience in order to create your personal profile. The information pertains to your role in previous projects, the nature of the projects, and your technical capabilities.
When your profile is activated, your name, contact details (email and phone number) and profile information are made visible by default to friends and connections.
For Companies, your contact details (email and phone number) remain confidential and their release remains in your control at all times.
If another Candidate wishes to create a connection to you, they do so by sending an invitation via the Website. An invitation is sent as an email to your log-in email address and provides you with the name of the Candidate. Correspondingly, your name, email address and headlines of employment history will be displayed when you make an invitation.
If a Company wishes to contact a Candidate it does so by sending an invitation via the Website to the Candidate. An email is sent to the log-in email address of the Candidate and provides the Candidate with the name of the Company, a profile of the Company, a short description of the project and role as well as the name of the person making the invitation.
Comoto ApS further reserves the right to contact you via email and telephone regarding specific opportunities.
It is your decision whether to respond to an invitation or not. If you choose to do so, your reply will be sent via the Website. All subsequent communication will be directly between the Candidate and the Company without Comoto ApS acting as an intermediary. However, Comoto ApS may prompt the Company for information.
Please notice: Your current or previous employers, employees and/or colleagues may be users of the Website.
4. Third party intermediaries
Financial information, including bank account information and credit card information, collected from members is used to collect payments for chargeable services.
All payment processing is performed by 3rd parties, who will have access to your name, financial information and other information necessary in order to process payments.
5. Parties to whom we disclose your information
We will never share, rent or sell your personal information to third parties for marketing purposes or otherwise unless your explicit consent has been obtained.
We will, however, disclose such information as required by the law. Comoto ApS reserves the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests, to operate our systems properly, and to protect ourselves or other users.
This site has security measures in place to protect against the loss, misuse and alteration of the information under our control. Password must be entered to log in to your account and in order to manage your profile. We use SSL secure server with digital certificates and all personal information is fully encrypted during all transactions. Please note, however, that no data transmission over the internet is completely secure. As a result, while we endeavor to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us and therefore you transmit such information to us at your own risk.
Once we receive your information we have strict security procedures in place covering the storage of your personal information in order to prevent unauthorized access or disclosure as we are responsible for such storage in accordance with the Danish Act on Processing of Personal Data in force from time to time.
Please notice that some Candidates, Companies and Recruiters on Comoto may be located in countries outside the European Economic Areas.
7. Links
The Website may contain links to other web sites. Please note that when you click on one of these links, you are 'clicking' to another web site. We encourage you to read the privacy policy of these linked sites as their privacy policy may differ from ours.
8. Correct/Update
If you wish to correct, update or otherwise modify your contact information or the information contained in your profile you may do so by logging in to your account.
9. Notification of changes
If at some point in the future there is a change to our Privacy Policy that will affect your personal information, we will notify you by posting a notification of the relevant changes on your account and/or by sending you an email to your log-in email address. You should also check our Privacy Policy periodically as this may change from time to time.
10. Newsletters and emails
Comoto regularly sends out newsletters or status emails (Newsletters). In these newsletters Comoto may inform you about new features on Comoto and other communities powered by Comoto, about events, statistics and other features deemed relevant by Comoto.
You may unsubscribe from the newsletters at any time by sending an email to the link provided at the end of each newsletter.
11. Contacting the Website
If you have any questions about this Privacy Policy, the practices of the Website or your dealings with the Website, please email theteam@Comoto.com.
