TERMS AND CONDITIONS AND PRIVACY APP JA USER AGREEMENT FOR USERS IN THE EUROPEAN REGION

THANK YOU FOR YOUR INTEREST AND WELCOME TO JOBALIGNER!
We would like to work with you in a sincere manner and this requires that we must reciprocally observe certain rules. These rules combined represent the ‘JobAligner User Agreement’. You can only use our Services if you agree with the JobAligner User Agreement. Hence, read this agreement carefully. You can also find our Privacy Policy in this JobAligner User Agreement.

‍DEFINITIONS

1. LICENSING CONDITIONS

  1. On the condition that youshall continuously comply with the JobAligner User Agreement, the Licensor grants you a strictly personal, worldwide, royalty-free, non-transferable, non-exclusive, irrevocable and non-sublicensable right to use for access to anduse of our Services. The user license takes effect at the moment that you download JobAligner from the Store and install it on your (mobile) device.
  2. The user license automatically expires if: (a) your Account is deactivated or is closed, (b) ifyou violate one or more obligations pursuant to the JobAligner User Agreement.
  3. We reserve the right to, as the occasion arises, revoke your user license and/or to close your Account, for instance if you violate the conditions pursuant to the JobAligner User Agreement.
  4. The user license automatically expires at the end of the term of the agreed cooperation with the Licensee (your employer).

2. SERVICES

  1. To be able to use JobAligner, the Services you must create an Account. After the completion of the registration process you can log in on JobAligner with your Account as a result of which you obtain access to the functionalities.
  2. To use JobAlinger you must dispose of a smart phone, tablet or other(mobile) device on which JobAligner functions via a modern internet browser.The Services focus on the recording of Content and, as the occasion arises, thesharing of the same with others; that is why JobAligner requires a permanent internet connection to function. You are personally responsible for the potential costs of mobile use and other data charges that are associated with the use of JobAligner.
  3. To continue making use of JobAligner you must ensure that the data with which you created an Account remain up to date. For instance, if you startusing a new telephone number then you must adjust this telephone number as soon as possible. You can changeregistration data in JobAligner in the Settings menu.
  4. Think about the protection of your Account by selecting a strong andunique password and not to share it with third parties.
  5. If you violate one or more obligations pursuant to the JobAligner User Agreement then we reserve the right to, as the occasion arises, deny you access to JobAligner and/or to close your Account.
  6. If we deactivated your Account (for instance for security reasons) then you are not allowed to create a new Account.

3. UNLAWFUL CONTENT

  1.  JobAligner offers a secure environment where you can work on workhappiness and personal development and growth. That is why we offer you thefreedom to save Content in JobAligner. However, you must ensure that theContent that you save in JobAligner is lawful. This implies that your Contentcannot be in violation of the law and/or the JobAligner User Agreement. It is,therefore, not allowed to save Content in JobAligner that:
    1. discriminates, is violent or slanderous, polarises or disseminates hatred;
    2. infringes (intellectual property) rights of third parties, as explained below under ‘Rights of third parties’;
    3. is of a pornographic or erotic nature (in the broadest sense of the word).
  2. We bring to your attention that it falls under your own responsibility to check Content that you save in JobAligner and/or share with third parties in advance. Users can report Content that is in violation of the law and/or the JobAligner User Agreement in JobAligner via the Support button. We reserve the right to remove your Content if we are of the opinion that it is in violation of the law or the JobAligner User Agreement. We are also allowed to remove Content in order to comply with (our) statutory obligations.
  3. It is not possiblefor us to screen all Content in advance. We take measures if we discover that certain Content is unlawful or if a User brings this to our attention.

4. PAID SERVICES

  1. The use of JobAligner is free of charge for the User.
  2. We offer the JobAligner application against payment, but only the Licenseeis responsible payment.
  3. The subscription to JobAligner is linked to your Account and cannot and may not be transferred.

5. UPDATES AND UPGRADES

  1. We feel that life itself is a continuous and dynamic process of development and growth. JobAligner assists you in experiencing more work happiness and becoming the best version of yourself. We try to gear our Services to the dynamics of your life in the best way possible. That is why we are continuously working on the optimisation of our Services and the development of new Services. Hence, over time we add new functionalities, questions, products, etc. to JobAligner. This process of continuing development may also imply that we discontinue existing functionalities and products (with immediate effect). As the occasion arises, we try to inform you in advance, however we cannot guarantee that this always occurs.

6. SUPPORT

  1. Do you require support during the use of our Services, is there something that worries you, or do you have a complaint?Then contact us via the Support button in JobAligner and we shall then examine if we can solve the problem.

7. INTELLECTUAL PROPERTY RIGHTS

  1. We are the owner of any and all source codes, figurative marks, domains, logos, copyrights, trademarks, business secrets, the concept and any and allother intellectual property rights that are related to JobAligner and our Services. This includes - but is not limited to - the methodology and the content of the work happiness questions, the Moodboards, the Community, DNA, as well as the methodology and the concept of the answers and presentation of the Work Happiness Analytics & Advice and the Leadership Programs.
  2. It is prohibited to infringe our intellectual property rights. This implies that you cannot - without being exhaustive - use the source codes, (figurative) marks, domains, logos, copyrights, portrait rights, videos, business secrets, our concept and any and all other intellectual property rights.
  3. More specifically, it is noted that you cannot copy, mutate, distribute, sell or lease any part of the Services. It is also prohibited, unless permitted by law, to submit oursoftware to reverse-engineering or to otherwise try to retrieve the functioning and/or the source code of JobAligner.
  4. Any and all Content that you share on JobAligner remains your property.
  5. With regard to Content that is shared in the Personal or Collective Part you grant the Licensor a license to save the said Content in JobAligner, to show the said Content to you and to, at your express request, provide the Licensor, Licensee and/or third parties insight into the said Content. This license comes to an end at the moment that your Account is closed. The Licensor shall remove your Content in the Personal Part at the moment that your Account is closed.

8. RIGHTS OF THIRD PARTIES

  1. Respecting the (intellectual property) rights of third parties alsoimplies that as a User of JobAligner you cannot infringe (intellectualproperty) rights of third parties. Hence, it is prohibited to post Content thatinfringes copyrights, trademark rights and other (intellectual property) rightsof third parties. It is equally not allowed to, in any way whatsoever, disclose and/or duplicate Content of other Users, unless the other User expressly gave consent to this. As a User you are personally responsible for that.

9. CLOSING OF ACCOUNT

  1. Technically a User can remove JobAligner at any time and without stating reasons to JobAligner and User can close his Account. A User can close his Account in JobAligner going to https://www.jobaligner.com/delete-account and submitting the form. If the User’s Account is closed, and the JobAligner User Agreement is consequently terminated or rescinded, then the User remains bound byarticles 6, 7, 9, 10, 12 and the Privacy Policy.
  2. As soon as the Licensee (your employer) informs us that we can close your Account (for example upon termination of your employment).
  3. When the Agreement ends.
  4. If our Licensee fails to fulfill his contractual obligations.

10. DISCLAIMERS

  1. The Licensor tries to offer (the Services of) JobAligner as securely,reliably and diligently as possible and without bothersome disruptions. We can,however, not guarantee that JobAligner always functions without hindrance andfailures. This implies that you use our Services entirely at your own risk. Moreover, the following disclaimers are applicable. We offer our Services ‘asis’ and ‘as available’, without any express or implied guarantee, e.g. guarantees of good quality, service, marketability, suitability for a specific purpose and uninterrupted enjoyment.
  2. Nor can we guarantee that our Services shall always be free from viruses or other malicious software (malware). We do not guarantee that data supplied by us (including questions and articles) are error-free, complete or meaningful. We do not guarantee that our Services always functions securely and without failures, delays or shortcomings. We do not control and are not responsible and liable for the manner that you, other Users or third parties use our Services. We are not responsible for and are not held to screen the actions and substantive matters of you, the other Users and third parties. And that is why we cannot guarantee that all Content and actions comply with the imposed conditions.
  3. Medical disclaimer. The information and questions in JobAligner are not intended to replace services or information provided by trained (medical)professionals and/or care organisations, such as generalpractitioners/physicians, medical experts, urgent care, (immediate) mentalhealth care, physiotherapists, and psychotherapists.

    The User is advised to submit medical questions, complaints, or symptoms to the treating physician or another healthcare professional in a timely fashion to receive a professional examination, diagnosis, and possible medical care. Users are recommended tonever postpone seeking timely professional care and to never ignore obtained medical advice based on (online) information.

    In case of immediate medical complaints ormental issues, and if complaints or symptoms worsen, the User is recommended to immediately contact his own general practitioner/physician or the emergency number.

    The recommendations must be considered general information. Even if this concerns information concerning the use of(self-care) supplements, this never concerns medical advice or information which specifically relates the individual medical situation of the User or third parties.

    Medical questions. Because JobAligner never provides direct or indirect medical advice intended to replace professional medical advice, no questions of Users will be answered concerning issues or requests which, for example, concern medical/mental complaints, treatment options, or the results of certain (medical) care.

    Liability. The use or application of information provided by JobAligner by Users takes place fully at the responsibility and risk of the Users.

    JobAligner and its information providers reject any liability for any damage, direct and indirect, on whatever grounds, arising from or related to the use of application of information, products, or services which are offered through the JobAligner App, the www.jobaligner.com website, or other website or sources referred to in/from JobAligner.

11. LIABILITY AND INDEMNIFICATIONS

  1. The Licensor does not accept any liability and responsibility for data posted by you, a third party or another User or saved via our Services. You indemnify us against any and all legal claims, complaints and damages that are related to a claim that you have vis-à-vis a third party. Your rights with regard to the JobAligner User Agreement are not affected by the aforementioned disclaimers if the legislation of the country where you reside, and applicableas a consequence of your use of our Services, does not permit this.
  2. Provided permitted by law, you declare to agree that we are indemnified against any and all complaints, charges, claims, damages, losses, costs, liabilities and expenses (including expenses for legal assistance) as a resultof or in any way connected to: (a) your access to or use of our Services, your Content or your violation of these Terms and Conditions.
  3. We are not responsible and we do not accept liability for any damages that you or a third party incur due to or on account of the use of JobAligner and/or the Services,also including - but not limited to: 1) direct or indirect damages in the broadest sense of the word; (2) loss of profit or revenue; (3) loss of data, loss of use, or immaterial damages as a result of: (a) your use of / access toour Services or the inability to use our Services; (b) the use of the Content of other Users or third parties on or via the Services.
  4. The aforementioned limitations of liability are not applicable if imputable damages were caused byour gross negligence or intentional recklessness, or that of our employees. Should one of the aforementioned disclaimers, indemnifications or limitationsof our liability not be permitted according to the legislation of your country then only the relevant disclaimer, indemnification or limitation of theliability shall not apply.

12. FINAL PROVISIONS

  1. If you reside in the European Region then you can exclusively have your dispute or claim settled by a competent court in the Netherlands (where Dutch legislation is applicable tothese Terms and Conditions), unless the legislation in the country where you reside prohibits this. Only in that case can you bring your dispute or claim to the cognisance of a competent court with jurisdiction in respect of your claim.
  2. Special arbitration provision for users in the United States or Canada.

PRIVACY POLICY

When it comes to the use of JobAligner, we realise all too well that you enter personal data. We therefore prioritise the security and protection of your personal data. You can read how we handle this within JobAligner in our Privacy Policy below. If you use our services then you share certain data withus. We are pleased to inform you what data we collect, what we do with them and what options you have to inspect, correct, update and erase your data.

1. FOUNDATION FOR PROCESSING

  1. JobAligner is an application of Hunt Your Dream B.V., having its registered office in Arnhem(the Netherlands) and registered with the Chamber of Commerce under no. 87334658, and establishment no. 000053251938. Hunt Your Dream(‘we’) is responsible for the processing of your personal data.
  2. We process your personal data on the basis of certain statutoryfoundations for processing, including:
    1. Implementation of the JobAlinger User Agreement. You conclude an agreement with us for the supply of the Services. To this end we must process your personal data.
    2. Our justified interest. We use your data, for instance, to improve our Services (for instance to be able to show your personal Work Happiness answers and Moodboards).
    3. Consent. In certain situations we can expressly ask you for consent touse your data for certain purposes.
    4. Statutory obligation. It may happen that we are by law held to use, retain, isolate or erase your personal data.

2. WHAT DATA DO WE COLLECT?

  1. To be able to supply our Services to you, and to further optimise themand to better gear them to your needs, we process three types of personal data, namely the data with regard to: your account information, the Content to the extent that it regards personal data and your activity within our Services.

3. DATA SUPPLIED BY YOU ON THE BASIS OF YOUR ACCOUNT

  1. If you want to use our Services then you must first register by creating an Account with personaldetails, e.g. a user name plus password, an email address, a mobile telephonenumber, a profile photo, address details, your gender and your date of birth.

4. DATA THAT WE PROCESS WHEN YOU USE OUR SERVICES

  1. We collect data that you supply to us when you work with our Services. Below you can find the data that we collect when you use our Services.
  1. Support data. We collect data when you contact our Support Department. Before you send a request for support, we bring to your attention that you give consent to handling of your request for support by clicking send.
  2. Device details. We collect information about the hardware, software andthe browser details of the devices that you use.
  3. Camera and images. To upload photos in your Journal and Moodboard we require details of the camera and the images on your device.
  4. User data and log files. We collect data about how you use our Services. For instance, how active you work with JobAligner.
  5. Content details. In respect of the Collective Part we collect the Content that you share with other Users. This Content is also made available to the said other Users. In respect of the Personal Part we collect the Content that you enter personally. The Content in the Personal Part is not shared with third parties, unless you gave consent to this. Because of the end-to-end encryption third parties cannot read your Content in the Personal Part. If you indicated this in your account details then we can use your Content in the Personal Part for anonymised (statistical) research, in order to inform the public and to improve the quality and your perception of JobAligner.
  6. Cookies. See our cookie statementon https://www.jobaligner.com/cookiestatement.

5. HOW DO WE USE DATA?

  1. We use your personal data to:
  2. supply our Services to you;
  3. continuously expand, improve and better gear our Services to you;
  4. monitor and improve the security of our Services;
  5. monitor and check the identity of Users in order to prevent unauthorised activities;
  6. check if the JobAligner User Agreement is complied with;
  7. generate statistics, signal trends, anticipate this and inform the public about it;
  8. send you messages in which you can give your opinion about a certain question / topic;
  9. answer your requests for Support;
  10. share, at your request, data with third parties affiliated with us in order that they can serve you in the best way possible.

6. DATA THAT WE SHARE WITH THID PARTIES

  1. With third parties. We can share your data with, inter alios, the following third parties:
    1. With service providers, business partners, Licensee, third parties for legal reasons(e.g. violation of terms and conditions pursuant to the JobAligner User Agreement), third parties in the context of a merger, financing or (full or partial) takeover of JobAligner.
    2. We can also share combined, anonymised Content with publishers, advertisers, interest groups, collectors of statistics, professional journals, the press.
  2. Integrated services of third parties. If you use services of third parties or services of third parties that were integrated with our Services then the said external third parties may receive data about what you share with them. We therefore advise you to read the Privacy Policy of the said third parties carefully (in advance).

7. HOW LONG DO WE RETAIN YOUR DATA?

  1. Personal data with regard to the Personal Part are retained for the fullduration of your Account, unless you personally remove them in JobAligner, or we remove these personal data, for instance because you violated the JobAligner User Agreement.
  2. Personal data with regard to the Collective Part are also retained for the full duration of your Account. However, when your Account is closed, your Content (which may consist of personal data) remains available in the Collective Part.
  3. Personal data withregard to a request for Support submitted by you are retained for a maximum ofone month after your request for Support has been answered.
  4. Visual material that you save in your Moodboards are only processed locally on your device. Hence, we do not retain this kind of visual material.
  5. We basically retain your account details, e.g. your name, telephone number, email address, for the duration of your Account.
  6. In derogation from the aforementioned provisions, it is noted that we may by law be held to retain your personal data for, inter alia, tax andadministrative obligations and obligations under criminal law. To the extent that the said obligation prescribes a longer retention period than explained above, we retain your personal data for the period that is prescribed. We may also receive a legal request to retain certain data, the same conditions are applicable to the said request.

8. HOW CAN YOU MANAGE YOUR DATA?

  1. If you want to change, protect or erase your data then you can do this as follows:
  1. Receive your account information. You can regularly consult and adjust most of the account details. In the course of 2024 you can ask for your account information via the app. It may be that we ask you to verify your identity. As the occasion arises, we can refuse your request to consult or download your account information.
  2. Process your answers. You have the possibility of processing (almost all) your answers.
  3. Erasing your account information. It goes without saying that we look forward to a life-long cooperation, however this does not alter the fact that you can remove your Account for any reason whatsoever. You are free to erase certain Content in JobAligner, e.g. photos and your answers to your personal Work Happiness topics.
  4. Adjusting your consent to the anonymised collection of data of your personal Growth Topics. As noted, we use your Content, if you gave consent to this, for anonymised (statistical) research. You can easily revoke your consent to this via the Settings menu in JobAligner.

9. SECURITY

  1. 1. We set up JobAligner with modern security measures. In this respect we took appropriate technical and organisational measures to properly secure the processing of your personal data. For instance, we use a secured cloud platform, end-to-end encryption and access to JobAligner is facilitated by a ‘token system’.
  2. We prioritise security, but you can (and must) also contribute to thispersonally. On the basis of this JobAligner User Agreement you agree with the following conditions. Generally speaking, it is prohibited to act in violation with this JobAligner User Agreement, more specifically it is noted that it is prohibited to:
    1. use our Services for illegal and criminal purposes;
    2. upload viruses or other malicious software (malware) to thus infect andundermine JobAligner;
    3. illegally obtain, in any way whatsoever (e.g. via spiders, robots,scrapers), access to our Services and/or the data of other Users;
    4. use the User Account of a third party User without consent of the saidperson;
    5. in any way whatsoever hinder the enjoyment of other Users or theorganisation of JobAligner;
    6. scan and test our Services, networks, security mechanisms and systems;
    7. develop applications that use or do something with the Content of our Services or (personal) data of the Users.
  3. If you suspect that a third party has unauthorised access to your Account or that a third party acts in violation of the JobAligner User Agreement then we request you to contact our Support immediately.

10. HOW CAN YOU OBJECT?

  1. The General Data Protection Regulation entitles you to, inter alia,information, correction and erasure of your data. With regard to most of thedata within JobAligner it is noted that you can easily adjust or erase them in JobAligneryourself. If you want to object to the processing or your personal data, or ifyou have other privacy-related questions, then you can contact us via: support@jobaligner.com.

11. DO YOU HAVE A COMPLAINT?

  1. We advocate solving, where possible, the things with you but you are free to submit a complaint to the supervisory authority in your country.

12. QUESTIONS?

  1. Otherwise it goes without saying that you can ask questions about the personal data processed by us. For questions about the processing of your personal data contact us via support@jobaligner.com.

13. MINIMUM AGE

  1. Our services are meant for people aged 16 and over. As the occasion arises, we may require that your parents give consent before we collect and use your data.

14. REVISION OF THIS PRIVACY POLICY

  1. We may change this Privacy Policy from time to time. We do, in any case, announce these changes via our website: jobaligner.com.

15. COPYRIGHT JOBALIGNER USER AGREEMENT

  1. The content of the entire JobAligner User Agreement (including the Privacy Policy) is subject to copyright, the said copyright is vested in the Licensor. It is not allowed to copy the content of this JobAligner User Agreement, either in whole or in part, unless with our express written consent.
Contact
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JobAligner
+31 6 4390 2142
info@jobaligner.com
Chamber of commerce number: 87334658
VAT number: NL864268063B01