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Legal Notice

Terms of use

These terms of use form the basis of the agreement concluded between Business Upper Austria – OÖ Wirtschaftsagentur GmbH, Hafenstraße 47-51, 4020 Linz, hereinafter referred to as “BizUp”, and its contractual partners on the use of the platform “workinupperaustria”, hereinafter referred to as the “platform”, as well as the set of rules for the use of the platform by third parties.

This is a browser-based platform that offers a career portal as a web app at www.workinupperaustria.com as well as www.come2upperaustria.com to support companies and (international) job seekers in the Upper Austrian labour market. A prerequisite for the use of this platform is a permanent internet connection, which the user must provide.

1. Scope of the terms of use & definitions of terms

1.1. All services provided by BizUp in connection with the platform are exclusively based on these terms of use.

1.2. “Applicants”: The applicant is interested in jobs and / or job offers in Upper Austria and, if applicable, in taking up a professional activity in Upper Austria.

1.3. “Employer”: The employer is a company with connections to Upper Austria and would like to share job offers and / or job advertisements for interested applicants.

1.4. “Contract partner”: Insofar as provisions of these terms of use affect employers and applicants equally, they are referred to as the contract partners. They conclude an agreement with BizUp on the provision of an account and the use of the platform.

1.5. “Beneficiaries”: The beneficiary is a person attributable to a contract partner (especially employee of the employer or headhunter) who uses his profile on behalf of the employer to upload content to the platform, share job advertisements, or interact with applicants or employers. The beneficiary must accept and comply with the obligations relating to all users (see 1.6.) in accordance with these terms of use.

1.6. “User”: Applicant, employer and beneficiary together constitute the users of the platform. To the extent that provisions of these terms of use apply equally to applicants as well as employers and beneficiaries, they are referred to as “users”.

1.7. “Applicant profile”: Account of the applicant, who is given the opportunity to upload his personal and application-related information to the platform in order to share it with employers and beneficiaries and / or to search for job advertisements published by employers.

1.8. “Employer profile”: Account of the employer created by the employer and used by beneficiaries to share job advertisements or search for applicant profiles.

1.9. “Account”: To the extent that provisions of these terms of use apply equally to the use of applicant profile and employer profile, each shall be referred to equally as an “account”.

2. Conclusion of contract & contract period

2.1. The use of the platform requires the registration of the contract partner and the acceptance of these terms of use. After the conclusion of the contract with BizUp, the contract partner receives a personal account for the platform, which enables him to use it.

2.2. The use of the platform is free of charge.

2.3. The contractual relationship can be terminated at any time without notice by the contract partner or BizUp; this can be done by notifying the other party or, in the case of the contractual partner, by deleting the account.

2.4. In case of inactivity of an applicant, his applicant profile will be automatically deleted by BizUp. If the latter does not edit his applicant profile for a period of 6 months and / or if no login takes place, BizUp will send an electronic reminder. If there is no reaction / login by the applicant, a message will be sent after 12 months that the applicant profile will be deactivated unless it is reactivated within 4 weeks. After this final reactivation period, the applicant profile will be permanently deleted.

3. Rights and obligations of the contract partner

3.1. BizUp is entitled to verify the identity of the contract partner and to block the account until the verification of its personal or business-related data has been completed.

3.2. The contract partner is obliged to transfer the rights and obligations of these terms of use concerning all users of this platform to every beneficiary to whom it communicates the login data of its account and indemnifies and holds BizUp harmless for the submission of the beneficiaries to these terms of use and the compliance with them.

3.3. In the event of any other liability, the contract partner undertakes to treat the access data to its account confidentially and carefully and not to pass them on to third parties under any circumstances, unless it has transferred the rights and obligations arising from these terms of use to these third parties in accordance with 3.3.

4. Obligations of the user

4.1. Unless otherwise agreed, BizUp exclusively provides the platform. The user must provide the technical, personnel and organisational requirements necessary for the use of this platform, such as a suitable terminal device or a permanent internet connection.

4.2. BizUp reserves the right to modify or improve the Platform at any time. This may result in optical, technical, content-related or other changes. Users have no claim to improvement or modification.

4.3. The user declares that all data and information uploaded by him to the platform regarding his own person, third parties as well as the job advertisements shared by him are true, complete and correct. He is obliged to always keep any changes to this data, the job advertisement or the availability of an advertised position up to date. The contract partner indemnifies and holds BizUp harmless for the omission of such a timely notification of change.

4.4. The user is obliged to always check and comply with all legal and collective agreement framework conditions when publishing job advertisements. BizUp is not obliged to check job advertisements for legal conformity, correctness or completeness (minimum salary according to collective agreement, equal rights, ...). The employer indemnifies and holds BizUp harmless for all job advertisements uploaded by him or by third parties attributable to him.

4.5. The user undertakes not to use the platform in an abusive or illegal manner. The users indemnify and hold BizUp and all of its vicarious agents harmless from and against any and all adverse consequences resulting from any unlawful, abusive or otherwise improper use of the platform and the related services.

In particular, damages resulting from the incorrect provision of data and facts or from the violation of personal rights, copyright, data protection or other standards by users are also covered.

4.6. The user undertakes to log out after each use of the platform with the account and to log in again before each use in order to prevent misuse of an account in the event of loss or theft of the access data or a terminal device.

4.7. The user agrees to indemnify and hold BizUp harmless for all consequences and disadvantages resulting from a loss, theft or disclosure of login data or a loss, theft or disclosure of a terminal device during a valid login to the platform.

4.8. The user undertakes to make back-up copies of the data and information stored by him on the platform on a regular basis, but at least once a week. BizUp is not liable for any adverse consequences and damages resulting from any loss of data that could have been prevented or minimised by back-up copies.

5. Rights of use

5.1. The platform is an online-based platform as a service solution that can be used by accessing the BizUp web application at www.workinupperaustria.com as well as www.come2upperaustria.com. The platform is not transferred to the contract partners. BizUp grants the contractual partners only a simple right of use for the platform, which is limited to the term of the contract and can only be sublicensed by separate agreement.

5.2. Users are not permitted to use the platform or parts thereof beyond the expressly granted rights or to have them used, distributed or sold and / or otherwise transferred or made usable.

5.3. In the course of using the platform, every user has the possibility to create or edit job advertisements in order to share them with other users. BizUp is not obliged to check these for plausibility or correctness, to log them or to inform the user which user has created or shared job advertisements at which time.

5.4. BizUp is obliged to completely or partially delete the data uploaded by the contract partner or by a beneficiary attributable to the it at the request of the contract partner, as long as there is no compelling legal claim to the contrary and BizUp is subject to a legal obligation to retain the data or the data is required for the assertion of claims or for the defence against unjustified claims.

5.5. After termination of the contractual relationship between BizUp and the contract partner, the data entered into the platform will be deleted insofar there is no compelling legal claim to the contrary and the data may be required for the assertion of claims or the defence against unjustified claims.

6. Availability

6.1. A completely error-free or uninterrupted platform cannot be guaranteed for technical reasons alone. The contract partner has no claim to a certain availability or functionality of the platform.

6.2. If an error occurs on the platform, the user is obliged to immediately submit a written and comprehensible error message to BizUp, which must contain all the information that enables BizUp to narrow down the cause of the error and to determine strategies for correcting the error.

7. Liability

7.1. Liability for adverse consequences and damages caused by BizUp due to slight negligence – except for personal injuries – is excluded in any case. Furthermore, liability for adverse consequences or damages that are not typically foreseeable when using the platform is excluded.

7.2. BizUp is not liable for adverse consequences or damages suffered by users to the extent that job profiles or job advertisements managed using the platform are lost or brought to the attention of unauthorised persons as a result of loss of the possibility of use, technical defects, loss of data, unauthorised access by third parties or other reasons related to the platform.

7.3. The compensation of damages – except for personal injuries – is limited for each damaging event towards the individual injured party with the actually available sum insured of the liability insurance of BizUp for the respective event.

7.4. As a result of the risk of data loss and / or the unavailability of the platform, each contract partner is obliged to regularly, but at least weekly, make or have made back-up copies of the data processed using the platform with its account in order to comply with its duty to mitigate damages. In case of violation of this obligation, any liability of BizUp for resulting damages is excluded.

7.5. The platform contains applications and content and / or links of third parties to contents of third parties. BizUp is not liable for these contents or the technical functionality of the interfaces or applications provided in this regard. Insofar as links to websites or applications of third parties are established, the user acknowledges that these are operated by third parties and that BizUp has no influence on the content of these sites and on the information published there.

7.6. BizUp assumes no liability for the suitability of the platform for the purpose intended by the user. The same applies to merely optical deviations that do not impair the proper use of the platform.

7.7. Claims for damages must be asserted in court within 6 months at the latest from the date of knowledge of the damage and the damaging party, otherwise they will be forfeited.

7.8. The limitations and / or exclusions of liability also include claims against employees, organs, representatives and vicarious agents of BizUp due to damages caused by them to the user.

7.9. Insofar as a direct contractual relationship between users is initiated or entered into using various functions of the platform, such as in particular the job advertisements and applicant profiles, BizUp is liable for any detrimental consequences or damages of the users arising from this contractual relationship. The applicant has no claim to the conclusion of an employment contract or any initiation steps (invitation to application steps, etc.), nor does the employer have a claim to the placement of applicants.

8. Copyright, confidentiality and blocking

8.1. BizUp reserves all rights, in particular trademark and copyright, to the entire content of the website, in particular to trademarks, logos, texts, graphics, photographs, layout and music. Insofar as the use is not permitted by law, any use of the contents of this website beyond the contractual performance obligations, in particular the storage in databases, duplication, distribution or processing, requires the express written consent of BizUp.

8.2. The user is obliged to keep secret all confidential information that has become known to him in the course of using the platform and not to pass it on to third parties. This includes in particular the information about the functioning of the platform and the scope of the services offered by BizUp within this framework.

8.3. BizUp is entitled to temporarily refuse the provision of services in whole or in part (blocking) if there is reasonable suspicion that a user violates laws or essential contractual obligations when using the service, namely those that serve to secure the functionality of even one service or the protection of third parties, or takes other actions that make the provision of the service unreasonable for BizUp.

8.4. The user has no claims arising from a justified blocking of the service. The costs associated with the blocking, including those of reconnection, are to be reimbursed by the contracting party if the blocking is the responsibility of the latter or a beneficiary attributable to it.

9. Modification of the terms of use

9.1. BizUp is entitled to change these terms of use. If not exclusively, then in particular also, in order to incorporate changed legal regulations or to include new / changed achievements.

9.2. The user will be informed in text form of any planned changes at least two months before the proposed date of entry into force of the new terms of use, with reference to the provisions affected. The changes are deemed to have been approved by the user if he does not object to the changes in writing before the proposed effective date.

BizUp will also point this out to the users in the information about the changes. The deadline for the objection is only met if the objection is received by BizUp within the deadline.

10. Final provisions

10.1. Austrian substantive law applies exclusively, whereby the applicability of the UN Convention on Contracts for the International Sale of Goods as well as international rules of reference are excluded.

10.2. Place of performance and place of service is the registered office of BizUp.

10.3. Should individual provisions of these terms of use be or become void, ineffective or contestable, the remaining provisions shall remain unaffected. Such provisions shall be deemed to be superseded by valid and enforceable provisions that are most likely to achieve the intended economic purpose. This shall also apply in the event of any gaps in the contract.

10.4. For any disputes between the user and BizUp, the exclusive jurisdiction of the court having subject matter jurisdiction for the place of performance is agreed.

Privacy Policy

This website is operated by Business Upper Austria – OÖ Wirtschaftsagentur GmbH, Hafenstraße 47-51, 4020 Linz, hereinafter referred to as “we”, “us” and “BizUp”. In this Privacy Policy we as the responsible party in accordance with Art. 4(7) GDPR describe which data we collect when you visit our website and for what purpose we process it, and we also provide information on the rights and safeguards we offer in the course of data processing. For all relevant contact details, please refer to point 9 of this Privacy Policy.

Since the protection of your personal data is of particular concern to us, we strictly adhere to the legal requirements of the DPA and the GDPR when collecting and processing your personal data.

In the following, we inform you in detail about the scope and purpose of our data processing as well as your rights as a data subject of data processing. Therefore, please read our Privacy Policy carefully before you continue to use our website and, if necessary, give your consent to data processing.

1. Personal data

The use of our website is generally possible without entering personal data. However, different regulations may apply to the use of individual services, which we will point out to you separately.

Apart from the cookies described in detail below, we only collect and store the data that you yourself provide to us by entering it in our input screens or by actively interacting with our website in any other way.

Personal data is any information relating to an identified or identifiable natural person. This includes, for example, your name, your address, your telephone number or your date of birth, but also your IP address or geolocation data that allow a conclusion to be drawn about you.

2. Use of cookies

If you give your consent, we will also use cookies on our website. Details of the cookies used with your consent, their functionality and other information on the associated protection of your personal data can be found at: www.come2upperaustria.com/privacy-policy

3. Collection and processing of personal data

Personal data that goes beyond the information stored by cookies is only processed by us if you voluntarily provide it to us, for example when you register with us, enter into a contractual relationship with us or otherwise contact us. This is exclusively contact data and information about the concerns with which you approach us.

We use the personal data you provide only to the extent necessary to fulfil the purpose of the processing (e.g. registration for our career platform, sending newsletters, processing our quiz, sending information material and advertising, processing a competition, answering a question, enabling access to certain information) and as permitted by law (in particular Art. 6 GDPR).

The purpose of the processing of your data is the operation of our website and the targeted provision of company-specific information including the presentation of our range of services (marketing) as well as the provision of a career platform for prospective job applicants and employers with reference to Upper Austria.

Any further use of your data will only take place if you have expressly consented to it beforehand. You can revoke your consent – as explained in detail below – at any time for the future.

4. Retention period

In the event of a contract being initiated and / or concluded, we will process your personal data after the contract has been fully processed until the expiry of the warranty, guarantee, limitation and statutory retention periods applicable to us, and furthermore until the end of any legal disputes in which the data is required as evidence.

If you register on our career platform, we store your personal data in accordance with our terms of use for a period of 13 months after the last login and / or the last update of your profile.

We will generally store data that you have made available to us exclusively for marketing and information purposes for a maximum of three years after our last contact. However, if you so wish, we will also delete your data before the expiry of this period, provided that there is no legal obstacle to this.

5. Newsletter

You have the possibility to subscribe to our free newsletter. With this newsletter you will receive all the latest news and information about our company as well as tailored advertising at regular intervals. You need a valid email address to receive our newsletter.

We check the email address you have entered in our registration mask to ensure that you actually wish to receive newsletters. This is done by sending you an email to the email address you mentioned, which you can confirm by clicking on a link provided. After confirmation of the email you are registered for our newsletter. (Double opt-in)

Already with the first registration to the newsletter we store your IP address, the date and the time of your registration. This is done for security reasons if a third party abuses your email address and subscribes to our newsletter without your knowledge. We do not collect or process any other data for the newsletter subscription; the data is used exclusively for the purpose of receiving the newsletter.

Your newsletter registration data will not be passed on to third parties who do not belong to the group of companies without separate notification and your consent. You can unsubscribe from our newsletters at any time, the details for unsubscribing can be found in the confirmation email and in each individual newsletter.

6. Transfer of data

As a matter of principle, your data will not be passed on to third parties, unless we are legally obliged to do so, the passing on of data is necessary for the implementation of a contractual relationship concluded between us, or you have previously expressly consented to the passing on of your data. This can be the case, for example, within the framework of our study quiz, in which you request information on educational institutions in Upper Austria.

External order processors or other cooperation partners will only receive your data if this is necessary for the processing of the contract or if we have a justified interest in doing so, which we will always disclose separately in the event of an incident. Where one of our processors comes into contact with your personal data, we will ensure that they comply with data protection acts in the same way as we do.

We do not sell or otherwise market your personal data to third parties. If our contract partner or processors have their registered office in a third country. i.e. a state outside the European Economic Area (EEA), we will inform you on the consequences of that in the description of the offer.

7. Security

We use numerous technical and organisational security measures in order to protect your data against manipulation, loss, destruction and against access by third parties. Our security measures are subject to the continuous improvement in line with technological developments on the internet. Should you require further information on the type and scope of the technical and organisational measures we have taken, please do not hesitate to contact us in writing at any time.

8. Your rights

In accordance with the General Data Protection Regulation and the Data Protection Act, you have the following rights and legal remedies as a data subject of our data processing:

  • Right of access (Art. 15 EU GDPR)
    As a data subject of the data processing described above and other data processing, you have the right to request information as to whether and, if so, which personal data about you are being processed. For your own protection – so that no unauthorised person receives information about your data – we will verify your identity in an appropriate form before providing information.
  • Right to rectification (Art. 16) and erasure (Art. 17 EU GDPR)
    You have the right to request without undue delay the rectification of inaccurate personal data concerning you and / or – taking into account the purposes of the data processing – the completion of incomplete personal data as well as the erasure of your data, provided that the criteria of Art. 17 EU GDPR are met.
  • Right to restriction of processing (Art. 18 EU GDPR)
    You have the right, under the legal conditions, to restrict the processing of all personal data collected. As of the restriction request, this data will only be processed with your individual consent and / or for the assertion and enforcement of legal claims.
  • Right to data portability (Art. 20 EU GDPR)
    You may request the unimpeded and unrestricted transfer of personal data that you have provided to us to you or to a third party.
  • Right to object (Art. 21 EU GDPR)
    You may object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is necessary for the purposes of protecting our legitimate interests or those of a third party. Your personal data will no longer be processed after objection, unless there is proof of compelling and legitimate grounds for the processing which prevail over your interests, rights and freedoms, or where the processing is necessary for the establishment, exercise or defence of legal claims. You can object to data processing for the purpose of direct advertising at any time with effect for the future.
  • Revoke of a consent
    If you have provided us separately with your consent to the processing of your data, you may withdraw that consent at any time. Such a withdrawal affects the legitimacy of the processing of your personal data after it has been declared.

If you take a measure to enforce your rights under the GDPR as listed above, BizUp must immediately, but no later than one month after receipt of your request, comment on the requested measure and / or comply with the request.

We will respond to all reasonable requests within the law free of charge and as promptly as possible.

The data protection authority is responsible for requests concerning infringement of the right to information, infringement of the rights to confidentiality, to rectification or to erasure. Their contact details are:

Österreichische Datenschutzbehörde
Barichgasse 40-42
1030 Vienna

9. Contact information

Business Upper Austria – OÖ Wirtschaftsagentur GmbH
Hafenstraße 47-51
4020 Linz

Phone: +43-732-79810
Fax: +43-732-79810-5008
Mail: datenschutz@biz-up.at
Web: www.biz-up.at

Last update: May 2021