GENERAL BUSINESS TERMS FOR THE PROVISION OF SERVICES ATENA, n.o.

I. GENERAL PROVISIONS

The company ATENA, n.o., with its registered office at Námestie SNP 14, 97401 Banská Bystrica, IČO 45736219 (hereinafter referred to as the “Operator” or “the ATENA company”), is the operator of the website www.atenaopatera.sk (hereinafter referred to as the “Website”) and the provider of services on the Website.
The Operator issues these General Business Terms and Conditions to ATENA (hereinafter referred to as “T&C”), which govern the rights and obligations of the Operator and third parties in the provision and use of the Operator’s services. The GTC are an integral part of the contract concluded with the Operator and are binding for all users of the Services.
The operator carries out activities related to employment mediation for payment according to Act no. 5/2004 Coll. on employment services and on amendments to certain laws as amended.
The following terms for the purposes of the GTC and for the creation, change and termination of the legal relationship between the Operator and the Client or Job Applicant are interpreted in the following way:

The client is a natural or legal person who uses or plans to use the services provided on the Website; primarily in order to find a suitable employee.

A job seeker is a natural person and/or a natural person – an entrepreneur who uses the services provided on the Website in order to find a suitable job opportunity.

The transporter is a natural person, a legal person or a natural person – an entrepreneur who uses or plans to use the services provided on the Website in the field of providing transport services.

The customer of a care service is a natural person who is interested in care services, as a cared-for person or a natural person, a legal entity or a natural person – an entrepreneur, as a customer of a care service for a cared-for person.

Services are products that the Operator provides to Clients and Jobseekers primarily through the Website.

A job offer or a short-term job is an advertisement published by the Client on the Website in order to find a suitable employee, it represents a specific type of Service provided on the Website. The provisions of the General Terms and Conditions governing the conditions of publication of the Job offer apply similarly to the publication of a short-term temporary job, unless the contracting parties have expressly agreed otherwise.

II. SERVICES PROVIDED TO JOB APPLICANTS

A job seeker is a natural person and/or a natural person – an entrepreneur who is looking for a suitable job using the Services provided by the Job Seeker. The services that the Operator provides to those interested in work are free of charge and serve as help in finding a job opportunity through the Website. In order to use the Services provided by Jobseekers, their registration on the Website is required. A job seeker registers by entering any login e-mail, login name and password. A job seeker can cancel his registration at any time by sending an e-mail message to the Operator expressing his wish to cancel his registration.
The Services provided to Jobseekers mainly include the possibility via the Website:

Answer or respond to the published Job offer. The job seeker is entitled to respond to the Job Offer published on the Website.
Create your own profile on the Website, which will enable the Operator to better search for Job offers. The profile includes the login name, e-mail address, telephone number, as well as information about the job positions in which the job seeker is interested.
Download and fill in the application form, with the name of the desired job position in the appropriate language. Completed and signed application forms are the basis for data processing and the search for a suitable job offer for the job seeker.
Registration or recommendation of a new job seeker.

III. PROTECTION OF PERSONAL DATA

As part of the Services provided to Jobseekers, the Operator records responses sent by Jobseekers (hereinafter referred to as “Response”) to Job Offers published on the Website. In the scope of the services provided to its Clients, the Operator will process Reactions to Job Offers published on the Website.
Reactions to job offers published on the Website sent by job seekers contain data that, according to § 4 of Act no. 122/2013 Coll. The Act on the Protection of Personal Data and on Amendments to Certain Acts as amended (hereinafter referred to as the Act on the Protection of Personal Data) is considered personal data.
Before or sending the Response to the Job Offer, the Job Seeker declares that all the information provided by him is true.
The Profile of a Job Seeker or a Response to a Job Offer may contain the following data in particular:

Title, First Name, Surname,
gender,
Date and place of birth,
Nationality,
nationality,
Contact details (e-mail or phone),
Determining the work area and job position he is interested in,
Determining the location in which he is looking for work,

The provision of additional data in the Profile and/or in the Response is at the sole discretion of the interested Jobseeker. These are the following data, which are part of the applicant’s Profile:

Highest education achieved,
Educational certificate in the field,
Work experience, certificates,
Language and other skills,

Part of the Jobseeker’s Profile is also a Questionnaire, the completion of which is based on voluntariness and enables the Operator to better search for a suitable job opportunity for the Jobseeker.

In no case does the Operator require the Jobseeker to provide data falling into a special category defined in § 13 of the Personal Data Protection Act.
Without the express consent of the Job Seeker, the Operator and the Operator’s Client are not authorized to process the Job Seeker’s data.
Before sending the Response to the Job Offer published on the Website, the Jobseeker shall provide his/her consent in a demonstrable manner so that the data stated in the Response will be processed by a specific Client of the Operator and the Operator. Consent is given for an indefinite period.
The Operator will process the data indicated in the Job Seeker’s Reactions exclusively for the purpose of providing assistance to the Job Seeker in finding a job opportunity by archiving the Reactions sent by the Job Seeker to the Job Offers published by the Clients.
A job seeker can at any time request confirmation of whether or not personal data about him or her is processed, or to what extent the Operator or client records this data. A job seeker is entitled at any time to ask the Operator or the Client to delete the data that the Operator or the Client records about him.
The operator undertakes that he and his authorized persons, who in the performance of their work come into contact with the personal data of the Client, those interested in work, the Transporter and/or the Orderer of the care service, will maintain confidentiality about them in accordance with the Personal Data Protection Act, and will not use them for personal use and make them available/provided to third parties without the consent of the person concerned. The provision of this paragraph does not affect the obligations arising from the relevant legal regulations and/or decisions of the authorities concerned.
Pursuant to § 62 of Act No. 351/2011 Coll. on electronic communications, as amended, the job seeker agrees to the use of his electronic contact for the purposes of direct marketing regarding the goods or services of the Operator and its Clients.

IV. SERVICES PROVIDED BY THE CLIENT

Job offer publication. The Operator publishes Job Offers of its Clients and is entitled to publish their Job Offer on the Website. The job offer is published according to the following rules:

The Client himself or through the Operator publishes the Job Offer based on the requirements provided by him and determines its content. The job offer must contain at least the minimum criteria set by the Operator.
The Operator reserves the right to modify the Job Offer so that it is in accordance with the customs and procedures used on the Website.
The operator reserves the right not to publish or to cancel an already published job offer:

Which is contrary to the legal order of the Slovak Republic, ethical standards or good morals,
In which the Client conditions the mediation of work and/or employment resp. of a similar employment relationship by paying a handling or other fee,
Which is incomplete, or misleading, or contains false data, or for other reasons lowers the level of Services provided on the Website,
With advertising or marketing content, or information about the products or services of the Client or a third party,
Which may damage the good name of the Operator or a third party,
Of an erotic nature, or those that raise the suspicion that this type of work may be involved,
Duplicate published by one Client on the Website.

Other services listed on the Website: Personnel leasing, Brigadier service, Employee mediation.

V. SERVICES PROVIDED BY THE CARRIER

The Transporter is a legal entity or a natural person – an entrepreneur who, using the Services provided by the Provider, offers the possibility of transporting people from point A to point B. The Operator provides the Service to the Transporters free of charge. To use the Services provided to the Transporter, their registration on the Website is required. The carrier registers by entering any login e-mail, login name, password, ID number and policy number. The Carrier may cancel his registration at any time by sending an e-mail message to the Operator expressing his will to cancel his registration.
Among the Services provided by the Transporter, in particular, the possibility via the Website:
a) Publish the transport offer from point A to point B by entering the following data and updating them:

direction of transport from and to,
departure date,
time of departure and arrival,
price per km and number of free places,
additional data.

VI. SERVICES PROVIDED BY THE CUSTOMER OF THE CARE SERVICE

Among the Services provided by the Customer of the care service, in particular, the possibility via the Website:

Publication of the Nursing Service Offer. The operator publishes offers of care service of customers of care service and is entitled to publish their offer on the website. The care service offer is published according to the following rules:

The customer of the care service himself or through the Operator publishes the offer of the care service, based on the requirements provided by him and determines its content. The offer must contain at least the minimum criteria set by the Operator.
The Operator reserves the right to modify the Babysitting Service Offer so that it is in accordance with the customs and procedures used on the Website.
The operator reserves the right not to publish or to cancel the already published Babysitting Service Offer:
Which is contrary to the legal order of the Slovak Republic, ethical standards or good morals,
Which is incomplete, or misleading, or contains false data, or for other reasons lowers the level of Services provided on the Website,
With advertising or marketing content, or information about the products or Services of the customer of the care service or a third party,
Which may damage the good name of the Operator or a third party,
Of an erotic nature, or those that raise the suspicion that this type of work may be involved,
Duplicate published by one Customer about nursing services on the Website

Create your own profile on the Website, which will enable the Operator to better search for Jobseekers for the desired position. The profile includes:

login name and password,
title, name and surname of the customer,
contact information in the scope, Country, City and zip code, Street and house number, tel. number, e-mail address,
Data on the requested nursing service,
Address of the home care service,
Number of people to care for,
Data on the cared-for person,
Requirements for nursing staff,
Information about the work environment.

Other services listed on the Website: provision of nursing, medical personnel for the purpose of providing domestic help, domestic help and basic care and professional care.

VII. ESTABLISHMENT, CHANGE AND TERMINATION OF THE CONTRACTUAL RELATIONSHIP

Unless otherwise stated in the Agreement, the Agreement can be terminated before the expiration of its validity period:

By written agreement of the contracting parties.
Withdrawal from the Contract by the Operator, if the other contractual party materially violates its obligations arising from the contract or these GTC. In particular, the following is considered a material breach of contract:

publication of the Job Offer by the Client in violation of the provisions of the General Terms and Conditions,
the use of data on Jobseekers by the Client obtained from the Operator’s database for a purpose other than the search for a suitable employee,
using the Services provided on the Website for the mass distribution of electronic messages, or the distribution of messages containing information about products and services, or the distribution of messages containing information that is contrary to the legal order of the Slovak Republic, ethical standards and good morals, or that may damage the good name of the Operator or other natural and legal persons,
the client acts in violation of the contract and/or these GTC and/or good morals, and if, in particular on the basis of negative feedback from the users of the Website, in the justified opinion of the Operator, his reputation may be damaged and the level of quality of the Services provided may be reduced and/or jeopardized.

A written notice of withdrawal from the Agreement is delivered to the other Contracting Party at its address specified in the registration or at the e-mail address specified by it.

VIII. PRICE OF SERVICES AND PAYMENT TERMS

The price of the Service provided by the Operator on the Website, for which no special contract is required, is free.
The prices of the Services provided by the Operator, for which the conclusion of a special contract is required, depend on the agreement of the contracting parties, depending on the individual types of contractual relationships.

IX. LIABILITY FOR DAMAGE

The operator is not responsible for the content page of the Service provided (published) on the Website, in particular for its graphic representation (e.g.: logo, photo or other result of mental creative activity) and for their grammatical correctness. The operator is not responsible for damages caused by the provision of the Service on the Website.
The Client is obliged to protect the data obtained from the Reaction against any misuse, he is obliged to ensure that this data is not made available or provided to another person or published. In case of violation of this obligation, the Client is fully responsible for the damage caused by the violation of this obligation.
The Client undertakes that if any claims are raised against the Operator due to the violation of any rights of third parties mentioned in this paragraph, to satisfy these claims and to indemnify the Operator in full.
The operator does not guarantee job seekers finding a suitable job opportunity or the duration of employment or a similar relationship.
The operator is not responsible for any damage that users or third parties may incur as a result of using the Website, including lost profits or loss of any data.
The operator bears no responsibility for any misuse of the login name and password by an unauthorized person, nor for any subsequent damages and potential claims of third parties caused as a result of such misuse.

X. COMPLAINT RULES

The Client has the right to complain about an error (“Error”) that occurred on the Website of the Operator in connection with the Service provided to him. An error on the part of the Operator means in particular the non-functionality of the Services listed in the Order, for a period longer than 6 hours in the previous 24 hours. It is not an error on the part of the Operator if the Services are not available at the Client’s place due to a failure of the Client’s connection to the Internet or as a result of other facts for which the Operator is not responsible.
The deadline for making a claim is no later than 14 days from the day the Client discovered or could have discovered the Error.
The Client is entitled to make a complaint in writing (by mail to the address of the Operator’s headquarters, by fax to the number: +421 948188467, by e-mail to the address: reklamacie@atena.sk, while the complaint must be delivered to the Operator. The Operator undertakes to notify the result of handling the complaint within 14 days from the date of receipt.

XI. GENERAL AND FINAL PROVISIONS

The Operator reserves the right to amend the General Terms and Conditions, while immediately informing the Clients of the changes by publishing the changes on the Website, indicating the date from which these changes take effect. Upon the entry into force of the new General Terms and Conditions, the original General Terms and Conditions become invalid.
All relationships not regulated in the Contract and/or General Terms and Conditions are governed by the valid legal regulations of the Slovak Republic.
Deviating provisions of the Agreement take precedence over the General Terms and Conditions. The applicability of the General Terms and Conditions or their parts can be excluded only by written agreement of the Contracting Parties in the Contract.
These General Terms and Conditions become valid and effective on August 15, 2023.