General Terms and Conditions HRC International
GENERAL TERMS AND CONDITIONS
Article 1. Definitions
- HRC-INTERNATIONAL B.V., based in Maastricht, the Netherlands, AND HRC INTERNATIONAL INC, based in ATLANTA, USA - a training and career development organization for the international hospitality industry, hereinafter referred to as HRC
- CANDIDATE(S), anyone who contacts HRC for the training and career development services HRC offers, hereinafter referred to as CANDIDATE
- HOST EMPLOYER(S), clients of HRC who outsource their recruitment activities to HRC, hereinafter referred to as EMPLOYER
- PLACEMENT(S), the position, job, placement, internship, traineeship, management training program, or any other type of employment or training at HOST EMPLOYER, hereinafter referred to as PLACEMENT
- SCHOLARSHIP PROGRAM(S), PLACEMENTS where HRC covers the expenses for visa and/or flight
- PROGRAM FEE(S), an amount of money which needs to be paid to HRC for the services HRC provides (see article 2). For certain PLACEMENTS in certain countries, the PROGRAM FEE is waived or lowered and might include more or less services.
- VISA FEE, an amount of money which needs to be paid to HRC for the costs related to the visa application procedure.
- SERVICE(S), all acts performed by HRC on behalf of the CANDIDATE
Article 2. Services of HRC
HRC assists in locating a suitable PLACEMENT in the international hospitality industry, helps with all the relevant procedures and formalities prior to departure and provides continuous support before and during the PLACEMENT.
Article 3. Liability
HRC accepts no liability for not being able to locate a PLACEMENT. HRC accepts no liability for damages incurred before, during and/or after the PLACEMENT, related directly or indirectly to the (search for and the process leading to the) PLACEMENT and relocation. HRC has exemplified that it cannot and will not accept any responsibility for either the nature, length and/or contents of the PLACEMENT, nor the work conditions and does not have any influence over the decisions made by the EMPLOYER concerning these matters. HRC, however, is obliged to arrange the PLACEMENT and all related items to the best of its ability and in the CANDIDATE’s best interest.
Article 4. Accepting these terms and conditions
CANDIDATE agrees to the terms and conditions as outlined in this document. These terms and conditions are also available online at www.hrc-international.com/termsandconditions.html
Article 5. Payments
5.1 Program Fee
HRC does NOT charge any upfront payment, administration fees or deposits and NO fees are applicable for executive search PLACEMENTS. For most career program PLACEMENTS for young professionals, HRC charges a monthly PROGRAM FEE upon successful hire of CANDIDATE at EMPLOYER. The first installment of the PROGRAM FEE is due within 2 business days of formally being hired by the EMPLOYER. The second installment for the PROGRAM FEE is due within 15 days after arriving in the country of the EMPLOYER and the 3rd and consecutive PROGRAM FEES are due every 30 days after the second due date of the PROGRAM FEE. The PROGRAM FEE is due each month as long as the CANDIDATE is active in his/her PLACEMENT with a maximum of 19 months. During the application process, HRC will inform CANDIDATE if a PROGRAM FEE is applicable.
5.2. Visa Fee
For most PLACEMENTS, HRC charges a VISA FEE upon successful hire of CANDIDATE at EMPLOYER. Failure to pay the visa fee within 2 business days will result in cancellation of the CANDIDATE’S application at HRC. During the application process, HRC will inform CANDIDATE if a VISA FEE is applicable.
5.3 Deposit SCHOLARSHIP PROGRAM
CANDIDATES participating in HRC’s SCHOLARSHIP PROGRAM do not need to pay for their visa or flight. To guarantee CANDIDATE’S commitment, CANDIDATE agrees to block an amount of $1,500 (one thousand five hundred USD) to the beneficiary HRC as a “program deposit” on a major credit card. This secured credit card deposit will need to be authorized by CANDIDATE upon the formal acceptance of CANDIDATE by HOST EMPLOYER in a SCHOLARSHIP PROGRAM. In the event that CANDIDATE terminates the SCHOLARSHIP PROGRAM at any point after the formal acceptance of CANDIDATE by HOST EMPLOYER in a SCHOLARSHIP PROGRAM, regardless whether the SCHOLARSHIP PROGRAM has actually started, and regardless of the CANDIDATE’S reason for terminating the program, HRC has the right to capture the deposit of $1,500 (one thousand five hundred USD) in full. In the event that the capture cannot be pulled, it does not discharge CANDIDATE from its financial responsibilities.
5.4 Late payments
For late payments of the monthly PROGRAM FEE, HRC charges a penalty fee of $25 per occurrence. If CANDIDATE fails to pay the PROGRAM FEE in time, the visa may be cancelled and CANDIDATE risks having to leave the country immediately.
Upon acceptance by the employer, no refund of the PROGRAM FEE or VISA FEE is issued, except when: a) serious personal injury or death in the immediate family (parent or sibling) or b) denial of visa issuance by the immigration authority prevents CANDIDATE from starting the PLACEMENT. In the above mentioned exceptional cases, the PROGRAM FEE will be reimbursed in full minus a $25 administration fee. The VISA FEE may or may not be (partially) reimbursed depending on the individual refund policy of the visa sponsor in the issuing country. In the event that CANDIDATE has prepaid PROGRAM FEES, the prepaid months minus an admin fee of $25 will be refunded in full only for the full months that are unused. For refunds of the SCHOLARSHIP PROGRAM other rules apply: see section 5.3. Instructions on how to make payments can be found on hrc’s website in the FAQ section.
Article 6. Insurance
Certain countries require workers and/or trainees to take care of their own health insurance. In the USA, this individual mandate is a requirement built into the law that everyone must have qualifying health insurance. CANDIDATE agrees to purchase insurance coverage through HRC which covers health insurance, accidental death & dismemberment, medical evacuation & repatriation of remains, third party liability insurance, trip cancellation insurance and 24/7 assistance. The insurance policy does not cover pre-existing illnesses. Should CANDIDATE already have any pre-existing conditions or illnesses, these should be made known in writing to HRC during the application process and before the PLACEMENT start date. For specific details on CANDIDATE insurance package, please check the hrc handbook and insurance coverage certificate. Insurance coverage for PLACEMENTS in other countries is optional.
Article 7. Drug test
Many EMPLOYERS require CANDIDATES to undergo a drug test before the PLACEMENT begins. A drug test is a medical screening whereby urine and/or hair samples are examined for the presence of drugs or illegal medications. Traces of illegal substances can remain in the body for 30 days. If CANDIDATE fails the drug test, the PLACEMENT will be terminated and CANDIDATE must leave the country immediately.
Article 8. Commercial use of data
HRC takes CANDIDATE’S privacy very serious and will process, store and use CANDIDATE’S data in a safe way. HRC has drawn up privacy rules (hereafter called: “Privacy Statement”), which contents CANDIDATE can read below. HRC recommends CANDIDATE to read this carefully.
8.1 Who is and what does HRC do?
HRC collects personal data as supplied by CANDIDATE (hereinafter called: “Personal Data”), so HRC can advise and assist CANDIDATE in the field of CANDIDATE’S career, including finding a new PLACEMENT, but also in the field of talent analysis, talent development and talent management. CANDIDATE’S data may be internally linked to one or several vacancies by HRC’s recruitment services. These services, including HRC’s website (s), are called “Service” hereinafter. HRC is a registered trade mark and a protected trade name. The mark, the trade name and other assets of HRC, including the databases, are licensed conditionally to HRC International B.V. by the owner, established at Hertogsingel 104, 6214 AG, Maastricht, the Netherlands and is registered at the Chamber of Commerce under no. 14078909. In the performance of its service HRC makes use of agents and associates. All parties involved act in compliance with this Privacy Statement.
8.2 Which information is collected and processed by HRC?
In order to make use of the Services HRC offers CANDIDATE, one has to compose a personal profile or HRC makes a profile for CANDIDATE. For creating this personal profile CANDIDATE must provide certain Personal Data. After these data have been supplied, a profile is drawn up. This profile contains the information CANDIDATE has declared during the composition of the personal profile. CANDIDATE is able to deactivate CANDIDATE’S data at any time or have them removed by HRC.
HRC also collects information on CANDIDATE’S surfing behavior being generated automatically during the use of HRC’s Service and HRC’s website(s). This information contains among others CANDIDATE’S IP-address (the number of CANDIDATE’S computer which enables to identify CANDIDATE’S computer), the date of filling in the Personal Data and "cookies". As far as this information is used by HRC , it will always be anonymously.
8.3 What are cookies and how are they used by HRC ?
8.4 Google Analytics
8.5 For which purposes HRC will use CANDIDATE’S data?
To grant the Service to CANDIDATE;
To send CANDIDATE information on the services of HRC itself;
To draw up anonymous statistical data and to make the Service safer; To provide CANDIDATE’S information to third parties based on the legal obligations; In order to adapt and improve the Service.
HRC uses automatically generated data for statistical purposes as well as for security and improvement of the website (s) and the Service. This information can be supplied to third parties so far as they are completely anonymized and cannot be linked to CANDIDATE personally. No Personal Data are supplied.
8.6 Use by third parties
Without CANDIDATE’S explicit permission HRC will not provide third parties with CANDIDATE’S Personal Data. HRC is allowed to provide third parties with CANDIDATE’S data as far as this is necessary for granting the service to CANDIDATE. HRC shares CANDIDATE’s Personal Data with Third parties such as: Visa sponsors, Host employers, Insurance companies, J-1 buddies, DocuSign, IT Providers, Payment Services. HRC can also provide CANDIDATE’S data to third parties if this is required on the basis of legal provisions, or as a result of a trial and/or if one considers it to be necessary to protect one’s own rights.
8.7 In which way HRC protects CANDIDATE’S Personal Data?
HRC will process CANDIDATE’S Personal Data in a proper and careful manner, in accordance with the GDPR (General Data Protection Regulations). HRC requires that CANDIDATE provides the data marked with an asterisk (*). It is not required to have the data completed not marked with an asterisk (*). HRC will take appropriate technical and organizational measures in order to protect CANDIDATE’S Personal Data against loss or against any form of unlawful processing.
HRC will keep the Personal Data during the application process and duration of the program. After ending the program HRC will request for approval to keep the Personal Data for another 24 months, at which HRC strives for a constructive, long-term relationship. However, CANDIDATE can deactivate CANDIDATE’S data at any time or having them removed by us.
8.8 Forwarding outside the EU
As far as the personal data are forwarded to third parties in accordance with this Privacy Statement, and these third parties are established outside the European Union, forwarding of data only takes place if that country ensures an appropriate security level, or, if forwarding is necessary for the implementation of the agreement or agreements between CANDIDATE and HRC, or for taking pre-contractual measures in response to a request from CANDIDATE and which are necessary for the conclusion of an agreement. By using the Service CANDIDATE gives HRC active consent to forward their data, within this framework, outside the European Union.
8.9 Company transfer
It may happen that one or more parts or assets of the owner of HRC are transferred to a third party or that HRC merges with a third party. In this case also CANDIDATE’S Personal data can be transferred. In the event of transfers uniform conditions apply. If the conditions however unexpectedly change in CANDIDATE’S disadvantage, CANDIDATE’S consent will be asked first. If desired CANDIDATE can have CANDIDATE’S data deactivated or having them removed by HRC.
8.10 Access to, correction and deletion of CANDIDATE’S Data
CANDIDATE can have access to (the processing of) CANDIDATE’S Personal Data or having them revised. In order to do so, CANDIDATE has to log in on CANDIDATE’S personal profile via HRC’s website(s). Any changes can be implemented here. If the CANDIDATE wants to review the collected data by HRC, CANDIDATE is allowed to request personal data in a digital format. HRC will carry out this request within 4 weeks. Regarding CANDIDATE’S Personal Data which cannot be found in CANDIDATE’S profile, for example an IP address, CANDIDATE can always turn to HRC with the request to inform CANDIDATE whether CANDIDATE’S Personal Data are processed. HRC has to inform CANDIDATE within four weeks in writing whether CANDIDATE’S Personal Data are processed. Subsequently CANDIDATE can ask HRC to improve, to complete or to remove Personal Data. An order for improvement, completion or removal will be carried out as soon as possible but at the latest within 4 weeks. As CANDIDATE’S Personal Data were also made available for third parties who used the Service, HRC is not able to remove CANDIDATE’S data from their systems. In this case CANDIDATE will have to request these third parties themselves to remove the data. If CANDIDATE does or does not wish to receive information anymore from HRC or from a third party, CANDIDATE can change CANDIDATE’S preferences by logging in on CANDIDATE’S profile and change CANDIDATE’S settings.
8.11 How far reaches the responsibility of HRC?
This Privacy Statement solely applies to Personal Data that have been obtained via the website www.hrc-international.com and other websites used by HRC . The website(s) may contain links to other websites of third parties. HRC does not accept any responsibility nor liability for (the operation and/or content of) websites or services of third parties.
8.12 Are minors allowed to make use of HRC ?
Principally HRC is intended for persons at the age of 18 (eighteen) or older. If CANDIDATE is under the age of 18 (eighteen) CANDIDATE needs to provide HRC with written and signed parental approval.
8.13 Can this Privacy Statement be altered?
This Privacy Statement can be altered. The changes are publicly made available on the Website.
8.14 Any questions?
If CANDIDATE still has questions about this Privacy Statement CANDIDATE can always contact HRC by sending an e-mail to email@example.com .
These Terms and Conditions govern your use of the HRC website at https://www.hrc-international.com ("HRC International Site") and your relationship with HRC ("HRC", "we" or "us"). Please read them carefully as they affect your rights and liabilities under the DGPR law. If you do not agree to these Terms and Conditions, please do not use the HRC International Site. If you have any questions on the Terms and Conditions, please contact firstname.lastname@example.org
1.1 Use of the HRC International Site
HRC operates the HRC International Site to assist CANDIDATE in understanding HRC's services and in communicating with HRC. The HRC International Site is provided for CANDIDATE’S personal use subject to these Terms and Conditions. HRC's online service is committed to protecting the privacy of HRC’s users. HRC wants to provide a safe and secure user experience. HRC will ensure that the information CANDIDATE submits to HRC via HRC’s website at www.hrc-international.com remains private, and is only used for the purposes set out in this policy.
1.2 The Information HRC collects and how HRC uses it
Your personal details, including your name, e-mail address and CV, are held and used by us for the following purposes:
• For matching your personal data and requests with job vacancies, to assist us in finding you the position that most suits you;
• For keeping you informed about HRC’s services, news and general developments in the hospitality industry;
• For tailoring the version of our website you see when you log on to make it relevant to you
1.3 Disclosures of your information
We will share your information within the HRC group of companies, potential buddy (program) and partner organizations where necessary in order to provide you with our career development services.
• Your CV and related information will be sent to prospective employers but only when you give your consent.
• We may also release information relating to you to regulatory or law enforcement authorities, if required to do so. We also reserve the right to disclose the information we have collected about you to our professional advisors and to other persons to the extent that HRC contracts out any aspect of the operation of its career development services. These third parties will be acting under similar undertakings of confidentiality as HRC.
• In the event that HRC would merge or be acquired by another business, we may share the information that relates to you with the new owners of the business and their advisers.
• HRC offers every candidate a personal buddy (if available) that is already located in the desired destination. The purpose of this is for the candidate to have someone at the desired area who can help them with questions about the location, someone who is going through the training at the moment. Contact information will be shared with the buddy in the desired destination in order for them to be in contact with each other.
1.4 Job Alerts
In order to access to receive job alerts you must register on the HRC International Site. If you register, you must ensure that the details provided by you on registration or at any time are correct and complete.
• You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
• If you register to use the HRC International Site you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting email@example.com immediately. If HRC has reason to believe that there is likely to be a breach of security or misuse of the HRC International Site, we may require you to change your password or we may suspend your account.
• Should you decide that you no longer wish to receive this information, please let us know by sending an email to firstname.lastname@example.org. Unsubscribe links are also provided in newsletter that you receive.
1.5 Curriculum vitae ('CV')
• We give you the option of submitting your CV via this website. You can do this either to apply for a specific advertised job or for consideration by our career consultants for positions as they come up.
• Although your CV will be stored online, it will only be accessible by HRC group career consultants. Your CV will also be e-mailed directly to our career consultants who review your details and enter them onto our central in-house database.
• you can update your CV at any time, simply by following the same procedure to submit a new CV. Your old data will automatically be replaced.
1.6 Your use of the HRC International Site
You may not use the HRC International Site for any of the following purposes:
• disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
• transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;
• interfering with any other person's use or enjoyment of the HRC International Site; or
• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
You will be responsible for our losses and costs resulting from your breach of this clause.
By submitting information through the HRC International Site you agree and acknowledge that while we may contact you in response to the information you provide, we are not obliged to provide you with any particular product or services.
1.7 Right to suspend or cancel your registration
• We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
• You can cancel your registration at any time by sending an email to email@example.com or through the "unsubscribe" link contained in the last Job Alerts email or newsletter you received.
• The suspension or cancellation of your registration and your right to use the HRC International Site shall not affect either party's statutory rights or liabilities.
1.8 Aggregate Information about HRC online visitors
We gather information and statistics collectively about all visitors to this website, for example, which area users' access most frequently and which services users' access the most. We only use such data in the aggregate form. This information helps us determine what is most beneficial for our users and how we can continually improve our online services to create a better overall experience for our users.
You have the right at any time to ask us for a copy of the information supplied by you that we hold. HRC will provide this information free of charge at the first request. If more requests follow, HRC has the right to charge an administrative fee for this service. You also have the right to ask HRC to stop using OR entirely remove your information.
1.11 Other websites
Please note that clicking on to links may result in your transfer to another website, where data privacy practices may be different to that of HRC. Visitors should consult the other websites' privacy policies as we are not responsible for, and have no control over, information that is submitted to or collected by these third parties.
1.12 Internet-based transfers
Given that the Internet is a global environment, using the Internet to collect and process personal data necessarily involves the transmission of data on an international basis. Therefore, by browsing this web site and communicating electronically with us, you acknowledge and agree to our processing of personal data in this way.
HRC makes no representation or warranty in respect of any of the following:
• the existence or availability of any appointment advertised on the HRC International Site;
• that any employer or client will ask for your CV, ask to interview you or recruit you;
• that any employer or client will keep confidential any of your information or data provided to that employer or client; or
• the final terms and duration of any appointment obtained through the HRC International Site.
1.15 Availability of the HRC International Site
We cannot guarantee that the service will be fault-free. If a fault occurs in the service you should report it to firstname.lastname@example.org and we will attempt to correct the fault as soon as we reasonably can. If HRC is informed of any inaccuracies in the material on the HRC International Site we will attempt to correct the inaccuracies as soon as we reasonably can.
Your access to the HRC International Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
1.16 Intellectual Property
All information incorporated within the HRC International Site is owned or licensed by HRC International. You may retrieve and display the content of the HRC International Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the HRC International Site without written permission from the HRC.
1.17 Applicable Law
These terms and conditions will be subject to the laws of the Netherlands. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement, and you want to take court proceedings, you must do so within the Netherlands.
Whilst HRC uses reasonable care in compiling and presenting the content found on the HRC International Site, it is provided purely for information and you should seek further guidance and make independent enquiries before relying upon it. If HRC is informed of any inaccuracies in the material on the HRC International Site we will attempt to correct the inaccuracies as soon as we reasonably can. If we are in breach of these Terms and Conditions, we will only be responsible for any losses that you suffer to the extent that they are a foreseeable consequence to both of us. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption. These Terms and Conditions shall not limit or affect our liability if something we do negligently causes death or personal injury.
You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected. If you breach these Terms and Conditions and HRC chooses to ignore this, HRC will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions. HRC shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control. The HRC International Site is owned and operated by HRC International. If you have any queries, please contact email@example.com
Last update: February 2019