Website
terms and conditions
Dear
users, for using this web-site, as well as the information units, you must read
carefully all the conditions provided below and accept them integrally.
KMT reserves the right to modify the clauses at every moment, depending on its
exclusive decision and without any notification. All the modifications shall be
posted on this site and the users will be deemed as accepting the modifications
if continuing the use of this site.
Continuing using this site equals your approval of the terms and conditions
below.
1. Definitions
KMT, hereinafter
referred to also as the company represents the company SC K.M.Trust &
Partners SRL, with head-office in Bucharest, 11 Marcel Iancu Street, registered
at the Registry of Commerce under the number J40/20870/12.12.2005, having
unique code of registration RO 18208900, owner of the Internet web-site
http://www.kmtrust.com, having the following contact data: phone
+40-21-210.00.24; fax +40-21-212.40.60 e-mail: romania@kmtrust.com.
KMT is an executive search company, active in the human resources field, having
as purpose and object of its activity the matching of professionals’ skills,
expertise, studies and interests with potential job opportunities that the
company may have in time.
Personal data - any information referring to a natural person, identified or
identifiable; an identifiable person is that person who can be identified,
directly or indirectly, particularly with reference to an identification number
or to one or more specific details of his physical, physiological, psychical,
economical, cultural or social identity.
The processing of personal data - any operation or set of operations that is
performed upon the personal data, by automatic or non-automatic means, such as
collection, recording, organisation, storage, adaptation or alteration,
retrieval, consultation, use, disclosure to a third party by transmission,
dissemination or by any other way, combination or alignment, blocking, erasure
or destruction.
Cracking or hacking - the unauthorised surpassing of the authentication frame
of the site by one or more users, or the unauthorised surpassing of the
security services of any network, server, web server or user account, in any
kind of connection with this site.
2. General provisions
Whereas KMT has at its sole discretion the right to amend anytime, without any
kind of notice, the content of the document "Website Legal Terms and
Conditions" the users are supposed to periodically check the content of
this document. By continuing to use the service means an affirmative answer for
the acceptance of this document and the users’ agreement to comply with it.
The KMT web-site is exclusively destined to the personal search use and any use
in the commercial purpose, without a prior written approval of the company, is
strictly prohibited.
The user (himself or by third parties) hereby agrees that he will not conduct
(or permit conducting by third parties in his presence) cracking or hacking
activities, that he will only transmit accurate information through this site
and he will not transmit or receive any information or material in
contradiction with the Romanian laws.
3. The intellectual property right
KMT has an exclusive ownership right with regard to the pages contained by the
web-site, including the data and information contained, and these, with
everything included, shall not be considered as virtual acquisition right by
any third party. It is prohibited to copy or publish partially or entirely
pages from the web-site and/or to use these pages in any way, including for
commercial purpose, without the prior written consent of KMT. The KMT name
itself, all the logos, any stylised representations of the KMT trademark,
commercial symbols, as well as all the images are exclusive ownership of the
company and the company has reserved all the rights for this purpose.
Hence, it is prohibited to introduce any modification to the web-site, to copy,
distribute, publish, publicly present or transmit to third parties, any part of
the web-site, without the prior written consent of KMT.
4. Personal data and privacy policy
KMT observes the right to privacy and private life regarding the processing of
personal data of every natural person visiting the company's web-sites and also
observes and complies with the Romanian legislation in force referring to the
protection of personal data.
KMT is registered as personal data operator with National Authority of
Surveillance in Processing Personal Data. Personal data will be collected from
you when you register and/or apply online, as well as by sending to us your
CV/resume.
You understand that by performing any of the above mentioned actions (i.e.
registering/applying online or sending to us your CV/resume), you agree and
totally consent with the procession of personal data by KMT for the purposes
detailed below.
KMT uses the information contained by your CV/resume for the purposes for which
it is provided and to perform our professional executive recruitment services.
You understand that the information you provide KMT with can be used for the
following: identifying positions of interest - you agree that we can contact
you should your profile (studies, experience and so on) is correspondent to the
professional opportunities that we may have.
Soliciting information regarding candidates - you agree that we may contact you
for providing KMT with references.
Statistics - you agree that we may use the information you provided KMT with
for statistic purposes, as well as other legal purposes, in the conditions provided
by law. Presenting such data to possible partners or entities which, in KMT
opinion, might present interest to the user.
It is your responsibility that your CV/resume is accurate and kept up to date.
You are fully liable for the information you provide KMT with. You are herein
informed of the rights you have according to the law:
A. The right to be informed - you have been informed by reading the present
legal terms and conditions about the identity of KMT, the purpose for which the
data you provide with is processed by KMT, third parties to which the data may
be transmitted to with your prior consent, if the providing with personal data
is compulsory or not, the existence of the rights provided by law for the
protection of personal data, as well as the conditions of exercising.
B. The right to have access to data - you have the right, upon a written, dated
and signed request, to obtain from KMT the confirmation of the fact that the
data related to you are or are not processed by our company. This request is to
be accomplished for free in the limit of one request per year.
C. The right of intervention - you have the right to request to KMT, upon a
written, dated and signed request, the following:
(i1) the
rectification, the up-dating, the blocking or the erasure of the incomplete,
inexact data or of illegal processions;
(i2) the transformation of illegal personal data in anonymous data; the
notification of the third parties with regard to the operations provided at
(i1) and (i2).
D. The right of opposition
- you have the right to oppose every moment, upon a written, dated and signed
request, to the procession of your personal data, due to well-grounded and
lawful reasons in connection to your particular situation;
E. The right of not being subject to an individual decision - the right to
demand and receive: the withdrawal or the cancellation of a decision that
produces juridical effects concerning you, adopted exclusively on a personal
data processing basis, carried out through automatic means, destined to
evaluate some aspects of your personality and/or professional competence,
credibility, behaviour or other such aspects; re-evaluation of any decisions
regarding you, and which affects you in a significant manner, if the decision
was adopted exclusively on a basis of data processing that meets the conditions
stated under letter A).
F. The right to refer to a court of law - you have the right to refer to a
court of law in defence of any rights guaranteed by the law regarding the
protection of personal data processions.
5. Limitation of liability
KMT shall not be responsible for any direct, indirect, special or tangential
damages, resulted from the use or incapacity to use the service/this site, or
resulted from the unauthorised access or alteration of the transmissions or
users' data, including, but without limitation to damages for profit losses,
use, data or other intangible things, even if KMT has been informed of the
possibility of such damages.
KMT shall not be liable in case its services cannot be accessed by the users,
for an unlimited period of time, due to any technical or commercial reasons.
You understand that KMT is exonerated of any liability in the situation in
which the impossibility of accessing is due to the quality, availability or functioning
of the services of the local, national or international Internet or electronic
communications providers, irrespective if you try to access the KMT web-site in
or out of the Romanian territory.
KMT does not offer any guarantee that any program error shall be corrected or
that the service or server that it placed at the user’s disposal is clean of
viruses or other components which may damage the users.
The user agrees to exonerate the liability of KMT and not to pursuit KMT with
regard to any claim of a third party, resulted from the use of the service or
of the network's company and of the Internet by the user, as well as with
regard to any loss (direct, indirect or of any other nature), costs, actions,
suits, claims, expenses (including judgement expenses) or any other
liabilities, suffered in any way or directly provoked by KMT.
6. Confidentiality
KMT awards a special importance to the confidentiality of information and shall
submit all necessary diligences in view of achieving this purpose. Still, KMT
shall not be responsible for non-related external factors interfering and shall
not guarantee that the use of its web-sites by the user shall be confidential.
KMT is not responsible for any loss the user or any other person suffers as
result of the confidentiality with regard to the use of the web-site by the
user. Any information disclosed by the user on the web-sites may not be safe
during its transmission on the Internet. Third parties have the possibility to
intercept the transmissions made by the user when using the KMT web-site. KMT
will make its best efforts to protect all personal information, but in case of
any breach in confidentiality it will not be liable for the safe transmission
or receipt of any information.
7. Final provisions
a. Force majeure
KMT is not responsible in any way in case of force majeure for the functioning
of the services and the fulfilment of the contractual obligations.
b. Jurisdiction/Applicable law
The present legal terms and conditions of the KMT web-site is governed and
interpreted according to the Romanian legislation and any dispute controversy
or claim arising out of or in connection with the present provisions will be
amicably solved or, in case the amicably solving is not possible the disputes
will be finally settled by the relevant competent courts in Bucharest.
The KMT web-site may be accessed anywhere inside and outside Romania. KMT does not offer any
insurance that the content of the site is conceived with the observance of the
outside Romania
applicable legal provisions. User accessing the present site outside Romania
does it on its risks and it is the only responsible for breaching the Romanian
applicable law.
c. The user confirms his integral agreement on all points above.
The further use of this site implies the unconditioned acceptance of all terms
and conditions above. If the user disagrees, he will immediately stop using
this site or else suffer the legal consequences.