§ 1 Scope
(1) These Terms of Use govern the use of the Calmaroi Applicant Portal at apply.calmaroi.de, which is provided by Calmaroi GmbH.
(2) The Applicant Portal is operated by Calmaroi GmbH, Römerstraße 15, 63450 Hanau.
(3) The Applicant Portal provides digital support for recruiting, preparing, placing and assisting international apprentices and skilled workers.
(4) These Terms of Use become part of the user relationship when the applicant expressly agrees to them during registration.
(5) Any deviating terms of the applicant shall not apply unless Calmaroi expressly agrees to their application in writing.
§ 2 Definitions
Applicant Portal means the Calmaroi Applicant Portal at apply.calmaroi.de.
Applicant means any natural person who creates or uses a personal user account in the Applicant Portal.
User account means the personal, password-protected access of an applicant.
Application documents include, in particular, curriculum vitae, certificates, diplomas, language certificates, identity documents, proof of employment, recognition documents, visa documents and other documents provided for the application or placement process.
Application and placement process comprises the steps supported via the Applicant Portal, from registration and application through to the completion or termination of the respective procedure.
§ 3 Purpose of the Applicant Portal
The Applicant Portal supports applicants in carrying out their application and placement process digitally. In particular, applicants can enter application details, upload application documents, submit their application, view information on the processing status and subsequently submit requested or voluntary documents.
Which functions are available may depend on the Applicant Portal used, the application route and the respective processing status.
Registering for or using an Applicant Portal does not give rise to any entitlement to placement, an invitation to an interview, the conclusion of a vocational training or employment contract, or any other successful outcome of the application or placement process.
§ 4 Registration
A personal user account is required to create and edit an application.
The applicant must use their own, accessible e-mail address and confirm it by means of the designated procedure. The applicant undertakes to provide complete, truthful and up-to-date information during registration and throughout the further application process.
Only one user account is permitted per person. If a user account already exists, it must be used to continue an existing application or, where permitted, to create a new application.
Calmaroi may refuse a registration if there are justified doubts as to the identity of the applicant, the accuracy of the information provided or the lawfulness of the intended use.
§ 5 User Account
The user account is personal and may not be transferred.
Login credentials must be kept secret. The applicant must inform Calmaroi without undue delay of any suspected misuse.
Calmaroi is entitled to use technical security measures to protect the platform.
§ 6 Applicant Profile
The applicant is obliged to provide complete, truthful and up-to-date information.
Material changes, in particular to contact details, professional qualifications or language skills, must be communicated to Calmaroi without undue delay. Where direct editing in the Applicant Portal is possible, the information must be updated there. Otherwise, a change must be communicated via the support contact specified.
Calmaroi does not guarantee the accuracy of the information provided by the applicant.
§ 7 Uploading Application Documents
The applicant may only upload documents which they are entitled to use and which serve the application or placement process.
Documents with falsified content or forged documents are not permitted. Incomplete or illegible documents, or documents unsuitable for the specified document type, may be marked as defective or incomplete and requested again.
Calmaroi is entitled to block or remove content that is manifestly unlawful, poses a security risk or is unsuitable for the intended purpose.
Uploading documents does not give rise to any entitlement to review, placement or employment.
§ 8 Use of the Applicant Portal
(1) The Applicant Portal may only be used for the application and placement purposes intended by Calmaroi.
(2) In particular, the applicant is prohibited from:
- providing incorrect or misleading information,
- uploading documents with falsified content or forged documents,
- introducing malware or other harmful content,
- circumventing or impairing security mechanisms,
- carrying out automated access, in particular by means of bots, scraping or crawling, without express permission,
- infringing the rights of third parties or statutory provisions.
(3) Calmaroi is entitled to use appropriate technical and organisational measures to protect the Applicant Portal and the data processed in it.
§ 9 Communication via the Applicant Portal
(1) Calmaroi may provide the applicant with information on the application and placement process, status notifications, verification and security notices, document requests and other process-related communications via the respective Applicant Portal and/or by e-mail.
(2) Depending on the nature and purpose of the communication, it may be sent exclusively via one of the aforementioned channels.
(3) The applicant is obliged to maintain access to the e-mail address on file, to communicate any changes without undue delay and to check messages in the Applicant Portal and in their e-mail inbox regularly.
§ 10 Applicant's Duties to Cooperate
(1) The applicant shall support the application and placement process to the extent necessary and reasonable.
(2) This includes in particular:
- providing complete, truthful and up-to-date information,
- submitting or rectifying requested documents within the period communicated,
- communicating material changes without undue delay,
- responding to necessary queries and cooperating in arranging necessary appointments.
(3) If required acts of cooperation are not performed, or not performed in time, this may lead to delays. If the application or placement process cannot reasonably be continued as a result, it may be terminated after an assessment of the individual case.
§ 11 Disclosure of Application Data and Application Documents
(1) Where there is a legal basis under data protection law or the applicant has given consent, Calmaroi may disclose the necessary application data and application documents to prospective companies providing vocational training or employers, partner institutions and other bodies directly involved in the application or placement process.
(2) Disclosure takes place exclusively to the extent necessary and for the purposes of the respective application or placement process.
(3) Details of the recipients, purposes and legal bases of the disclosure are set out in the Privacy Policy and in any consents obtained separately.
§ 12 No Entitlement to Placement or Employment
(1) Registration, the use of an Applicant Portal or the uploading of documents does not give rise to any entitlement to:
- placement,
- an invitation to an interview or an introduction to a company providing vocational training or employer,
- the conclusion of a vocational training or employment contract,
- the granting of a visa or any other residence title,
- the recognition of a professional qualification or a determination that it is equivalent.
(2) Decisions on selection, invitations and contract offers are made exclusively by the respective companies providing vocational training, employers or other competent organisations. Decisions on visas, residence titles and the recognition of qualifications are made by the competent authorities.
(3) Calmaroi does not owe any particular outcome in terms of application, placement, recognition or employment.
§ 13 Blocking, Deactivation and Deletion of User Accounts
(1) Calmaroi may temporarily or permanently restrict access to a user account, or block or deactivate the account, if the applicant breaches these Terms of Use or statutory provisions, or if this is necessary to protect the Applicant Portal and the data processed in it.
(2) This applies in particular in the case of significant false statements, identity misuse, unlawful content or content that poses a security risk, and significant security risks.
(3) Where circumstances permit, the applicant will be informed of the reason and given the opportunity to clarify the matter or remedy the situation. In the case of urgent security reasons, access may be restricted or blocked immediately.
(4) The deletion or anonymisation of a user account and the associated data is governed by the statutory requirements and the deletion and retention rules described in the Privacy Policy. Statutory retention obligations and the legitimate interests of Calmaroi remain unaffected.
§ 14 Availability of the Applicant Portal
(1) Calmaroi endeavours to provide the Applicant Portal as reliably and without interruption as possible.
(2) There is no entitlement to availability at all times, without restriction or free of errors.
(3) In particular, maintenance work, security updates, technical faults, failures of communication networks or of service providers used, force majeure and measures taken by public authorities may temporarily restrict use.
(4) In the case of major maintenance work that can be planned, Calmaroi endeavours to keep the restrictions as short as possible. During temporary unavailability, a maintenance page may be displayed.
§ 15 Intellectual Property and Rights of Use
(1) The software, database structure and design of the Applicant Portal, as well as the texts, graphics, logos, images and other content provided by Calmaroi or the respective rights holders, are protected by copyright, trade mark law or other statutory provisions.
(2) The applicant is granted the non-transferable right to use the Applicant Portal within the scope of its intended purpose.
(3) Any reproduction, distribution, communication to the public, editing or other use of protected components of the portal outside the limits permitted by law requires the prior consent of the respective rights holder.
(4) Rights in the information and documents provided by the applicant remain with the applicant or the respective rights holders. The applicant grants Calmaroi the non-exclusive, purpose-limited rights necessary for the application and placement process to store, technically process, display and reproduce this content and to disclose it in accordance with the Privacy Policy and any consents given.
(5) In particular, it is prohibited to automatically extract protected content of the Applicant Portal, to use it for AI training purposes or to transfer it to third-party databases without express consent.
§ 16 Liability
(1) Calmaroi is liable without limitation in cases of intent, gross negligence, death, bodily injury or damage to health, and in the cases mandatorily provided for by law.
(2) In the case of a slightly negligent breach of material contractual obligations, liability is limited to the foreseeable damage typical for this type of contract.
(3) In particular, Calmaroi does not guarantee the success of any application or placement procedure, the decisions of companies providing vocational training, employers or other organisations involved, the recognition of foreign professional qualifications, the determination of their equivalence, or the granting of visas, residence titles and other official permits.
§ 17 Data Protection
(1) Personal data is processed in accordance with the applicable data protection laws and the Privacy Policy applicable to the respective Applicant Portal.
(2) Before completing registration, the applicant is given the opportunity to access the Privacy Policy. By registering, the applicant confirms that they have taken note of the Privacy Policy.
(3) Where consent is required for individual processing operations, it is obtained separately.
§ 18 Cookies and Similar Technologies
(1) The Applicant Portal uses technically necessary cookies and similar technologies to the extent that these are required for login, session management, security, portal assignment and the provision of the requested functions.
(2) Currently, no optional analytics, marketing or third-party tracking cookies are used in the Applicant Portal. Should optional technologies be added in future, they will only be used in compliance with the statutory requirements and, where necessary, after prior consent has been obtained.
(3) Details of the technologies used, their purposes and their storage period are set out in the Cookie Policy applicable to the respective Applicant Portal.
§ 19 Changes to and Discontinuation of the Applicant Portal
(1) Calmaroi is entitled, for technical, security-related, legal, organisational, operational or economic reasons, to further develop, expand, change, restrict, replace with other procedures, or discontinue in whole or in part the Applicant Portal and its functions.
(2) There is no entitlement to the permanent or unchanged provision of an Applicant Portal or of individual functions.
(3) Affected registered applicants will be informed in an appropriate manner of any material restrictions or the discontinuation of an Applicant Portal, unless urgent technical or security-related reasons prevent this.
(4) The mandatory statutory rights of applicants remain unaffected.
§ 20 Changes to the Terms of Use
(1) Calmaroi may amend these Terms of Use for objective reasons, in particular due to statutory requirements or requirements of public authorities, technical or security-related developments, changes to the Applicant Portal or extensions of the application and placement process offered.
(2) Each published version is given a unique version number and an effective date.
(3) Registrations made after a new version has come into effect are governed by the Terms of Use published at that time.
(4) Existing users will be informed of material changes in good time and in an appropriate manner. Where renewed consent is required for the amended Terms of Use to apply, such consent will be expressly obtained.
(5) The mandatory statutory rights of applicants remain unaffected.
§ 21 Final Provisions
(1) The law of the Federal Republic of Germany applies, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), insofar as this is not precluded by mandatory consumer protection provisions.
(2) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Hanau, to the extent permitted by law.
(3) Should individual provisions of these Terms of Use be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The statutory provision shall apply in place of the invalid provision.
(4) These Terms of Use govern exclusively the use of the Applicant Portal. Separate services, placement agreements, vocational training contracts or employment contracts are governed by the contractual terms agreed in each case.
