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CANDIDATE
TERMS & PRIVACY

www.flagmistakes.com - Candidate Portal.

Candidate Terms

CANDIDATE
TERMS OF USE

Version:  12/01/2024


 

The following terms of use (“Terms of Use”) apply to you (“You”, “Your”) when You use our Website and our services (“Services)  (“We”, “us”, “our”).

FLAG  MISTAKES operates a Talent Acquisition Website to

  • Help You manage your job opportunities via the Candidate Portal : when You apply, You have access to a Candidate Portal, where You can find your profile information and applications information and receive jobs suggestions. In this case, We are the data controller.

  • Help our customers (“Customer”) find their next hires : when You apply, our Customer (the recruiter, headhunter or hiring manager) can consider You for any job opportunities they have and can use any FLAG  MISTAKES tools to track, manage and make a decision.

By accessing and using our Services, You agree to these Terms of Use and to our Privacy Policy.

1. Personal Account

You can set up a personal account (“Candidate Portal”) which allows You to track Your different applications to one or more Customers ; according site version.

For using the Candidate Portal accessible on https://www.flagmistakes.com, You may register from the email You received after applying or having Your consent requested. This is operated by FLAG MISTAKES under its own responsibility. The registration requires Your email address and a password. Afterwards, You will have the ability to log in with different options (email, LinkedIn, Google).

When You create a User Account with us, You guarantee us that You are entitled to create such User Account and that the information You provide is complete and accurate.

Furthermore, Your data will be used as described [link to “How Your Personal Data will be used” in the Privacy Policy”]

You are responsible for maintaining the confidentiality of Your User Account credentials at all times and You shall not share them with anyone else. You are responsible for all activities of Your User Account. In case of any unauthorised usage of Your User Account or security breach, You shall immediately notify us.

For more details about Your rights, please refer to FLAG MISTAKES privacy policy

You agree that You will not (please note that this list is not exhaustive):

  • Use FLAG MISTAKES website, services and Your Candidate Portal for any purpose which is in breach of any applicable law or statutory duty;

  • Use as a username any name that is offensive, vulgar or obscene;

  • Access a User Account used by another person;

  • Upload any illegal content;

  • Link to any illegal content;

  • Upload any content that infringes the intellectual property rights of third parties (e.g. a name or trademark that is subject to any rights of another person or entity other than You, without appropriate authorization).

  • Engage in any chain letters contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);

  • Access or use Your Candidate Portal and our services in any manner that could damage, disable, overburden or impair any FLAG MISTAKES server or the networks connected to any FLAG MISTAKES server;

  • Harvest, collect, gather or assemble information or data regarding other users without their consent;

  • Use automatic means to access content or data from other users;

  • Market any goods or services for any unauthorised purposes (including advertising and making offers to buy or sell goods or services).

 

2. Links

FLAG MISTAKES is not responsible for the activities, privacy statements or other any content of third-party websites, which are not controlled by FLAG MISTAKES You agree that We shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content or services available on or through any third party websites or services.

 

3. Intellectual Property Rights

FLAG MISTAKES website and all intellectual property rights in the services including software, hardware, products, processes, algorithms, user interfaces, know-how, technologies, designs and other tangible or intangible technical material or information made available by FLAG MISTAKES, is the exclusive property of FLAG MISTAKES or its suppliers.

 

4. Termination

You can terminate Your Candidate Profile – User Account at any time by going to Your Candidate Portal settings.

FLAG MISTAKES may suspend or terminate these services including Your access to Your Candidate Portal with immediate effect if You violate these Terms of Use, if FLAG MISTAKES is legally required to do so, or if You object the validity of new Terms of Use.

 

5. Warranties – Disclaimer

Except as expressly provided in this Agreement and to the maximum extent permitted by the applicable law, FLAG MISTAKES website and services are provided on an “AS IS” basis and “AS AVAILABLE”, and FLAG MISTAKES makes no (and hereby disclaims all) other warranties, representations, or conditions, whether written, oral, express. Implied or statutory, including any implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose, with respect to the use, misuse, or inability to use the services (in whole or in part) or any other services provided to You by FLAG MISTAKES.
FLAG MISTAKE
S does not warrant that all errors can be corrected, or that operation of the Service shall be uninterrupted or error-free.

 

6. Limitation of Liability

TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL FLAG MISTAKES, OR ITS EMPLOYEES, AFFILIATES, SUPPLIERS, BE LIABLE FOR ANY DAMAGES, INCLUDING DAMAGES OR COSTS DUE TO LOSS OF PROFITS, DATA, USE OR GOODWILL, PERSONAL OR PROPERTY DAMAGE RESULTING FROM OR IN CONNECTION WITH THESE TERMS OF USE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE.

Nothing in this Agreement will limit or exclude (i) any liability for death or personal injury resulting from negligence, (ii) limit or exclude any liability from fraud or fraudulent misrepresentation, (iii) limit any liabilities in any way that is not permitted under applicable law, or (iv) excluded any liability that may not be excluded under applicable law.

TO THE FULLEST EXTENT POSSIBLE BY LAW, FLAG MISTAKES’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY USE OF FLAG MISTAKES WEBSITE OR TERMS OF USE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED 100 €.

Some jurisdictions may exclude certain of the above limitations in terms of warranties or liabilities. In this case, these above mentioned limitations may not apply to You.

 

7. General

  1. FLAG MISTAKES’s failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights.

  2. All provisions of these Terms of Use that by their nature are intended to survive, shall survive any termination or expiration of these Terms of Use.

  3. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect. These Terms constitute the entire agreement between You and us regarding our services.

  4. Nothing in these Terms of Use is to be construed as establishing or implying any partnership or joint venture between You and us not as appointing any party to be an agent or employee of the other.

  5. These terms shall be governed and construed in accordance with the laws of Paris (FRANCE)

 

8. Changes to our Terms of Use

We reserve the right to change these Terms of Use at any time. We will notify You of significant changes to our Terms of Use by sending a notice to the primary email address specified in Your account or by placing a prominent notice on our site. Significant changes will go into effect two weeks following such notification. Non-material changes or clarifications will take effect immediately. We encourage You to check our site and these Terms of Use for updates.​

 

9. How to contact us?

If You have any further queries, please send an email to: support@flagmistakes.com . If your request is linked to the processing of Your Data, please send an email to : dpo@flagmistakes.com

Candidate Privacy

CANDIDATE
PRIVACY

Version: 12/01/2024

1. What Personal Data are FLAG MISTAKES's Collecting?

  • Data that you (“You”, “Your”) input during the application process or job alert creation (contact information, experience and education, attachments, screening questions answers).

  • Your IP Address.

  • Your login information (email address and encrypted password) for your Candidate Portal.

  • Cookies, which allow us to know how our services are accessed and used.

 

2. What is the Purpose of Collecting Your Personal Data?

  • Help You manage Your job opportunities within the Candidate Portal: when You apply to one of our Customers, You have access to a Candidate Portal, where You can find Your profile information and applications information, according site version.

  • Receive jobs suggestions available from and through FLAG MISTAKES.

  • Conduct surveys: MY BODY FLAGS may also contact You via surveys to conduct research about Your opinion of current or future FLAG MISTAKES recruitment functionalities and user experience.

  • Improve and develop services and products : FLAG MISTAKES may use the Personal Data to improve and develop its services and products to the extent this is necessary.

In this case, we are the data controller.

Please remind : when You apply to one of our Customers’ jobs, our Customer (the recruiter or hiring manager) can consider You for any job opportunities they have and can use any FLAG MISTAKES recruitment tools to track, manage and make a decision. In this case, the Customer is the data controller and is responsible for the process of Your Personal Data and FLAG MISTAKES is the data processor processing the data on behalf of the Customer.

FLAG MISTAKES is not a headhunting or Recruitment company. We provide a talent acquisition technology for ourselves or to our customers and the services to You as mentioned above.

Because FLAG MISTAKES and its affiliates (“FLAG MISTAKES”) offer You real choice and control over how You use Your Personal Data, and wants to build trust and engagement with You, consent is the legitimate basis for processing Your Personal Data.

You can withdraw your consent at any time by deleting your Candidate Portal account.

 

3. How Your Personal Data for Candidate Portal will be used

  • You can set up a personal account (“Candidate Portal”) which allows You to manage Your job opportunities and track your different applications of several Customers.

  • In Your Candidate Portal, which is accessible on https://www.flagmistakes.com, You may register through the email you received after applying, or if your consent was requested. This is operated by FLAG MISTAKES under its own responsibility. The registration requires your email address and a password.

  • Your profile will be made available and visible to the Customer to which you applied. You will receive job alerts from the Customers to which You applied.

  • In order to provide world-class services to You and the Customer, FLAG MISTAKES uses third-party providers to help perform statistical analysis, technical support and data hosting.

  • Your application information will be collected by FLAG MISTAKES and be made available to You through the Candidate Portal.

  • FLAG MISTAKES will never sell, rent, or lease the collected Personal Data.

 

4. How can You self-manage Your Personal Data?

  • Candidate Portal: You can see all Your profile and applications You’ve made

    • Right to rectification: You can modify Your profile by going to the “My Profile” section

    • Right to be forgotten: You can withdraw and delete Your profile at each company You applied for:
      Please note that FLAG MISTAKE
      S will transmit your request to the Customers You applied. In some cases, they may decide to keep your application data in compliance with their own legal obligations. To find more about these obligations, we encourage you to contact them directly. Contact information should be found in each company’s privacy policy linked at the bottom of your application or via their corporate website.

    • Right to data portability: You can export Your profile in a machine readable format

    • Right to object to processing: You can decide whether or not you wish to create a Candidate Portal and to delete it as mentioned above. You will still be able to apply to the job of Your choice without creating a Candidate Portal.

    • Right to restriction of processing: Your Personal Data will be used solely for the purposes mentioned above and You can decide whether or not to create a Candidate Portal .You will still be able to apply to the job of Your choice without creating a Candidate Portal.

  • If You have any questions on how Your Personal Data is used or how You can self-manage Your Personal Data, feel free to contact privacy@flagmistakes.com or our DPO dedicated page.

 

5. Use of Your Personal Data

  • Help You manage Your job opportunities within the Candidate Portal: when You apply to one of our Customers, You have access to a Candidate Portal, where You can find Your profile information and applications information.

  • Receive jobs suggestions available from and through FLAG MISTAKES.

  • Conduct surveys : FLAG MISTAKES may also contact You via surveys to conduct research about Your opinion of current or future FLAG MISTAKES Recruitment functionalities and user experience.

  • Improve and develop services and products : FLAG MISTAKES may use the Personal Data to improve and develop its services and products to the extent this is necessary.

In this case, we are the data controller.

Please remind : when You apply to one of our Customers’ jobs, our Customer (the recruiter, headhunter or hiring manager) can consider You for any job opportunities they have and can use any FLAG MISTAKES tools to track, manage and make a decision. In this case, the Customer is the data controller and is responsible for the process of Your Personal Data and FLAG MISTAKES is the data processor processing the data on behalf of the Customer.

FLAG MISTAKES does not sell, rent or lease the collected Personal Data to third parties.

FLAG MISTAKES may share Your Personal Data with trusted partners in order to perform usage statistical analysis, customer support, technical operations and provide data hosting services. Our trusted partners are prohibited from using Your Personal Data except to provide these services to MY BODY FLAGS, and they are required to maintain the confidentiality of Your Personal Data.

 

6. Tracking Cookies

Please visit https://www.flagmistakes.com/cookies-policy/ for all cookie information as it relates to FLAG MISTAKES.

 

7. Retention of Your Personal Data

FLAG MISTAKES will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy.

 

8. GDPR Compliance

FLAG MISTAKES is committed to full compliance with the GDPR, including GDPR Article 13. Below is where we comply with Article 13 in this policy:

GDPR Article 13 Section 1

  • Section 1(a): See “Data Protection Questions” section below for the email to contact FLAG MISTAKES, the name of the controller, and FLAG MISTAKES address.

  • Section 1(b): See “Data Protection Questions” section below for the email of our data protection officer.

  • Section 1(c): See section “What is the purpose of collecting your personal data?” for the purposes FLAG MISTAKES collects personal data as well as the legal basis.

  • Section 1(d): This section is not applicable to FLAG MISTAKES because we process personal data based on consent.

  • Section 1(e): See “Onward Transfer” section for the categories of recipients of personal data.

  • Section 1(f): See “Onward Transfer” section for third country and international organization transfers, and our transfer mechanism in accordance with Article 46(2)(c).

GDPR Article 13 Section 2

  • Section 2(a): See the “How Can You Self-Manage Your Personal Data” section for how FLAG MISTAKES determines the criteria used to determine how long we retain personal data.

  • Section 2(b): See the “How Can You Self-Manage Your Personal Data” section for the right of a data subject to access, rectify, erase, or move personal data.

  • Section 2(c): See the “How Can You Self-Manage Your Personal Data” section for the right to withdraw consent.

  • Section 2(d): See “Data Protection Questions” section for the notice of the right to lodge a complaint with a supervisory authority.

  • Section 2(e): This is not applicable to FLAG MISTAKES.

  • Section 2(f): FLAG MISTAKES does not make automated profiling decisions.

 

9. Onward Transfer

FLAG MISTAKES uses a limited number of third-party providers in the US and in Europe to help to perform usage statistical analysis, customer support and technical operations and provide data hosting services.

Our Sub-processors for the Candidate Portal (i.e. your personal account with FLAG MISTAKES) are:​

  • Amazon Web Services, Inc. is used for hosting of the data. Hosting location is the cluster AWS Germany.

  • SendGrid, Inc. (US) is used to power the sending and receiving of emails from Your Candidate Portal.

  • Textkernel B.V. (The Netherlands) is used to parse the Candidate’s CV and documents and parse the data into the database field.

  • Google Analytics by Google LLC (US) is used to gather behavioral analytics on how candidates use the FLAG MISTAKES Candidate Portal. FLAG MISTAKES will not use the data to identify individual users and will not merge the data with other data to identify individual users.

  • Hotjar LTD (Malta) is used to gather behavioral analytics on how candidates use the FLAG MISTAKES Candidate Portal, NPS and surveys answers. FLAG MISTAKES will not use the data to identify individual users and will not merge the data with other data to identify individual users.

For Your complete information, when You apply to one of our Customers’ jobs, FLAG MISTAKES as data processor uses the following third-party providers for the services provided to our Customers:​

  • Amazon Web Services, Inc. is used for hosting of the data. Hosting location is the cluster AWS Germany.

  • SendGrid, Inc. (US) is used to power the sending and receiving of emails from our talent acquisition web'app to You and our Customer.

  • Textkernel B.V. (The Netherlands) is used to parse the Candidate’s CV and documents and parse the data into the database field.

  • Jitterbit, Inc. (US, service optional) is the cloud connector hosted in our hosting location in Germany and used to host and maintain any custom integrations between Customer’s system and FLAG MISTAKES talent web'app.

  • ClickBoarding, LLC (US, service optional) is used by our Customers subscribing to the onboarding add-on.

  • Google Analytics by Google LLC (US) is used to gather behavioral analytics on how candidates apply to the customers’ job offers.
    FLAG MISTAKE
    S will not use the data to identify individual users and will not merge the data with other data to identify individual users.

FLAG MISTAKES shall remain responsible in case of onward transfers to third parties.

FLAG MISTAKES shares the Personal Data with these third-party providers to support FLAG MISTAKES Services only. Any other use of the Personal Data by third-party providers is prohibited.

FLAG MISTAKES ensures that all personal data is handled, processed, transferred and stored in accordance with relevant EU data protection law, and that adequate safeguards and procedures providing protection to Users’ personal data are in place.

All third-party providers receiving Personal Data from the European Union, the United Kingdom and/or Switzerland agree to (i) process the Personal Data only to the extent required by FLAG MISTAKES Services and in accordance with FLAG MISTAKES instructions and (ii) comply with the applicable data protection laws for transfer and processing of Personal Data and (iii) provide adequate technical and organization measures to protect the Personal Data.

To this end, we use the European Standard Contract clauses (http://ec.europa.eu/justice/data-protection/international-transfers/index_en.htm) with our sub processors in order to guarantee the privacy and the security of Your Personal Data.

When You submit Your application, You agree to this Privacy Policy and, in particular, You expressly agree to the transfer of Your Personal Data for the purposes described in that Privacy Policy.

 

10. Security of Your Personal Data

FLAG MISTAKES uses industry-standard technologies when transferring and receiving consumer data exchanged between FLAG MISTAKES and third parties to help ensure its security. FLAG MISTAKES website has security measures in place to protect the loss, misuse and alteration of information.

Personal Data may be hosted on servers maintained by Amazon Web Services and subject to their security safeguards, which are continuously audited, with certifications from accreditation bodies across geographies and verticals. You can read more about Amazon Web Services’ security and compliance at https://aws.amazon.com/compliance/.

 

11. Children Under Sixteen

FLAG MISTAKES does not knowingly collect Personal Data from children under the age of sixteen. If You are under the age of sixteen, You must ask Your parent or guardian for permission to use FLAG MISTAKES. If a child under 16 submits Personal Data to Company and we learn that the Personal Data is the information of a child under 16, we will attempt to delete the information as soon as possible. If You believe that we might have any Personal Data from a child under 16, please contact us at feedback@flagmistakes.com.

 

12. Changes to our Privacy Policy

We reserve the right to change this Privacy Policy and our Terms of Use at any time. We will notify You of significant changes to our Privacy Policy by sending a notice to the primary email address specified in Your account or by placing a prominent notice on our site. Significant changes will go into effect following such notification. Non-material changes or clarifications will take effect immediately. We encourage You to check our site and this Privacy Policy for updates.

 

13. Disclosure of Your Personal Data

FLAG MISTAKES may disclose Your Personal Data, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on FLAG MISTAKES or the site; (b) protect and defend the rights or property of FLAG MISTAKES; and, (c) act under exigent circumstances to protect the personal safety of users of FLAG MISTAKES, or the public.

 

14. Inquiries – How to Contact Us ?

If You have any queries related to one of Your applications for our Customer, please contact them directly. You will find the Customer’s contact showed in the Candidate Portal.

 

15. Data Protection Questions

If You have any further queries, please send an email to our Data Protection Officer at: dpo@flagmistakes.com.

FLAG MISTAKES will respond in a timely manner.

In case of unresolved privacy or data use concern, You have the right to lodge a complaint with Your data protection supervisory authority.

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