Terms and Conditions

Careerprivacy.com “Career Privacy” is a service provided by GBJ Payroll Limited a company incorporated in Jersey, whose registered office is at 10 Orchard Mews, St Helier, Jersey JE2 3LX and whose registered company number is 117722.

Career Privacy provides online recruitment services to individuals, employer organisations and recruitment agencies.

Definitions:

The following definitions apply:

“Site”, “Platform”, “Website”  and “Career Privacy” refer to www.my.careerprivacy.com and/or the Career Privacy mobile device application and includes without limitation its content, databases, software, code and graphics..

“Terms” means these terms and conditions.

“Posts” refers to posts by organisations including chargeable vacancy postings and other free postings such as training information, CPD information, company information and recruitment drives.

“Individuals” relates to individuals who have registered with Career Privacy through the “Professional Registration” portal on the platform.

“Organisations” relates to employer organisations and recruitment agencies collectively within these terms and conditions.

“Agencies” relates to recruitment agencies and charitable or civil support schemes such as those providing recruitment and careers support to the disabled or disadvantaged.

“Agency management” relates to the Career Privacy services provided to agencies in the provision of management services to individuals on the platform.

“Independent Individual(s)” relates to individuals who are not being supplied with agency management services.

“Managed individual(s)” relates to individuals who have requested management services from an agency on the platform and have been accepted/approved by the particular agency for the provision of those services.

“You” refers to you using Career Privacy as an individual and/or as an individual using the platform as an organisational user.

“We”/”Us” refers to GBJ Payroll Limited in the provision of Career Privacy services.

“Services” means the online services as set out below.

“Order Confirmation” means, in the case of online orders, the confirmation of purchase on the Website of one or more of the Services;

“Commencement Date” means the date for the commencement of the Services as set out in the Order Confirmation.

Each time you or your organisation accesses or uses the platform you are deemed to accept these terms and conditions.

More information is available in our Privacy Statement.

If you are an agency entering personal details on behalf of an individual, by using this site you are confirming that you have sought  and obtained explicit consent from that individual to enter such information on their behalf and that you would be able to demonstrate this consent as freely given and informed. Further, you agree that that the individual has had opportunity to revoke their consent at any time. And you agree that you will inform us immediately if this is the case by emailing revokeconsent@careerprivacy.com. We will accept no liability for information entered on behalf of another person in error or without consent.

Age restrictions:

Career Privacy will not knowingly collect data of minors under 13 years of age. By using this website you are confirming that you are over 13 years of age and further that you will not enter details of individuals under 13 years of age on their behalf.

Subject Access Rights:

Under Data Protection legislation you have the right to request what information we process about you, and under certain circumstances you can request rectification, and erasure of that data. You can also object to the processing of your data on the grounds of direct marketing, or request to port your data to another platform. To make a request in relation to your subject access rights, please email: info@careerprivacy.com

Interruptions and Omissions in Service:

Whilst we try to ensure that the standard of the Website remains high and to maintain the continuity of it, the internet is not an inherently stable medium, and errors, omissions, interruptions of service and delays may occur at any time. We do not accept any liability arising from any such errors, omissions, interruptions or delays or any ongoing obligation or responsibility to operate the Website (or any particular part of it) or to provide the service offered on the Website. We may vary the specification of this site from time to time without notice.

Links to other Sites:

On this site you will be offered automatic links to other sites which we hope will be of interest to you. We do not accept any responsibility for or liability in respect of the content of those sites, the owners of which do not necessarily have any connection, commercial or otherwise, with us. Using automatic links to gain access to such sites is entirely at your own risk.

Information on this Site:

Whilst we make every effort to ensure that the information on our Website is accurate and complete, some of the information is supplied to us by third parties and we are not able to check the accuracy or completeness of that information. We do not accept any liability arising from any inaccuracy or omission in any of the information on our Website or any liability in respect of information on the Website supplied by you, any other website user or any other person.

Your use of this Site:

You may only use the Website for lawful purposes. You must not under any circumstances seek to undermine the security of the Website or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload the system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of the Website or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Website.

You are solely responsible for any information submitted by you to the Website. You are responsible for ensuring that all information supplied by you is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, obscene, offensive, defamatory or otherwise illegal, unlawful or in breach of any applicable legislation, regulations, guidelines or codes of practice or the copyright, trademark or other intellectual property rights of any person in any jurisdiction.

You are responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to the Website. We reserve the right to remove any information supplied by you from the Website at our sole discretion, at any time and for any reason without being required to give any explanation.

Information submitted by you:

Career Privacy will use information supplied by you (including, without limitation, sensitive personal data) to improve the platform and associated administrative functions. This involves us, amongst other things, processing and storing information (including, without limitation, sensitive personal data). We use third parties to help us process your information as part of this process. We may collect and aggregate data from the information supplied by you to help us to understand our users as a group so that we can provide you with a better service. We may also share aggregate information with selected third parties, without disclosing individual names or identifying information.

You consent to us using information provided by you (including, without limitation, sensitive personal data) in each of these ways.

We will process any data which you provide in completing the online registration or application forms and any further forms, assessments or personal details which you complete or provide to us when using the Website in accordance with UK and European data protection legislation. We explain more about your personal data in our Privacy Policy.

Changes to Terms and Conditions and Invalidity:

These terms and conditions may be changed by us at any time. You will be deemed to accept the terms and conditions (as amended) when you next use the Website following any amendment.

If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Cost for Individuals:

Career Privacy registration and services are free to individuals.

Agency Management Services:

Individuals can act independently on the Career Privacy platform or they can elect to choose management services from their preferred agency within the Settings page of their account.

In requesting agency management services the individual must provide specific consents to the managing agency at the point of requesting management services.

Individual Profiling:

The platform provides individuals with profiling functionality including entering of:

• Career status, aspirations and interests

• Education and work history

• Skills and qualifications

• Indicative salary and benefit expectations

Individual Profile Anonymity:

By default individuals profiles are shown in an anonymised format to organisations.

Anonymity is not guaranteed however -as you have control over the information that you enter.  For example, if you have, or have had a unique job title, or if you enter personally identifying information in a free text field.

We have designed our services to minimise the possibility of this occurring through hiding certain information from your profile until you accept either a watchlist or full profile request from another user or company. However we accept no liability for personally identifying  information being revealed if you have entered it. We do not accept liability for any omissions, errors or data breaches arising from data you have entered at your own risk.

We do not accept liability for any consequences arising from organisations deducing the identity of an individual for data you have entered on Career Privacy.

Vacancies searches, registering of interest and individual anonymity:

Individuals can browse vacancies published by organisations. Once an individual has selected a vacancy of interest they can, at their discretion, register their interest in the vacancy.

Anonymous profile access by organisations (Independent and Agency Managed Individuals):

Any personal data entered on the platform by individuals may be accessed by organisations as outlined below, unless such access is disabled or revoked by the individual.

By default profiles of individuals will not appear in platform search results (by organisations) until this service has been enabled by the individual within their profile.

Organisations are shown anonymised profiles of individuals who have:

1. Viewed their organisation profile on the platform

2. Viewed a vacancy posted by an organisations on the platform

Individuals may block specific organisations from being able to view their profile at any time.

Searches of individuals by organisations (Independent and Agency Managed Individuals):

Searches of individuals are free to organisations.

Individuals who have configured their account so as to enable their profile to be found through searches will only be shown in search results.

Full profile access requests by organisations (Independent Individuals Only):

Organisations may request full profile access from individuals whose profiles are of sufficient interest. Full profile access, if granted by the professional, will enable full profile, including name, profile picture, the name of previous/current employers and preferred contact details access to the organisation for a default duration of 28 days.  It is entirely at the discretion of the individual to grant or decline a full profile request. Furthermore it is at the discretion of, and the responsibility of, the individual to revoke access at any point during the default duration.

The creation of a full profile request is chargeable to the organisation which cost shall be notified to the organisation at creation with confirmation required by the organisation that they wish to proceed with the purchase of these services. These services are charged regardless of whether the full profile access request is granted or declined by the individual.

Watchlisting access requests by organisations: (Independent Individuals Only):

Organisations may make watchlisting requests to individuals. Watchlisting access, if granted by the professional, will enable full profile access to the organisation for a default duration of 365 days.  It is entirely at the discretion of the individual to grant or decline a full profile request. Furthermore it is at the discretion of, and the responsibility of, the individual to revoke access at any point during the default duration.

The creation of a watchlist request is chargeable to the organisation which cost shall be notified to the organisation at creation with confirmation required by the organisation that they wish to proceed with the purchase of these services. These services are charged regardless of whether the full profile access request is granted or declined by the individual.

Vacancies and anonymity for individuals.

Organisations can publish vacancies on the platform and individuals (independent and agency managed) can register their interest in specific vacancies.

When an individual has registered interest in a vacancy that organisation can, at their discretion, elect to access the full profile of the individual for either the duration of the vacancy or until the individual is rejected from the vacancy or is given a final invitation to apply by the organisation.

Accessing full profiles of individuals who have registered interest is chargeable to organisations.

Vacancy publishing by organisations:

Vacancy publishing is chargeable to organisations. The publishing is chargeable to the organisation which cost shall be notified to the organisation at creation with confirmation required by the organisation that they wish to proceed with the purchase of these services.

Vacancies published by organisations have a default duration of 28 days and may, at the discretion of the organisation by extended before or re-published after expiry. The cost of extention or re-publishing shall be notified to the Organisation at creation with confirmation required by the organisation that they wish to proceed with the purchase of services.

By publishing a vacancy on the platform, the organisation is authorising GBJ Payroll to publish such post in accordance with the organisation’s criteria (if any).

The organisation is responsible for the content of the post and will indemnify GBJ Payroll against any claim, loss, liability, expense and/or damage (“Losses”) in connection therewith.

The organisation shall endeavour to include in any job description the following information:

• Any qualifications and/or authorisations required by law or any or by any relevant professional body;

• Rates of pay, remuneration and benefits.

• A job description including the nature of the work, the location, minimum experience, training and/or qualifications required in order for an applicant to receive such rate of pay; and/or

The organisation shall endeavour to provide sufficient details about itself and any vacancy to applicants including, for example:

• the organisation’s identity

• the nature of its business

• the nature of the role

• the type of work to be performed

• the commencement date

• the likely duration

• the hours of work

• the location

• the remuneration

• the intervals of payment and benefits

• the notice periods required to be given and received.

Shortlisting of individuals for vacancies by organisations (Independent Individuals Only):

Successful requests for full profile access and watchlist requests from organisations enable organisations to add, at their discretion, individuals to vacancy shortlists (see below).

Shortlisting and invitation to apply services are provided free to organisations.

Vacancy candidate management by organisations :

GBJ provides organisations with a vacancy management feature “Projects” which allows for:

• receiving expressions of interest from individuals (independent and agency managed individuals)

• Shortlisting of individuals who have registered their interest (independent and agency managed individuals)

• shortlisting of candidates after searches after full profile access has been granted (independent individuals only)

• removal of individuals who have registered their interest/have been shortlisted with notifications to unsuccessful candidates (independent and agency managed individuals)

• notifications to successful first round candidates with application instructions (independent and agency managed individuals)

Vacancies and individual anonymity:

Individuals who register their interest in an organisations vacancy remain in ‘anonymous’ profile mode. This interest may be registered by the individual themselves or by the agency providing them with agency management services.

Individuals who have registered interest in a vacancy agree that the organisation which published the vacancy may, for the duration of the vacancy or to the point of removal of the individual from the vacancy management page whichever the sooner, access their full profile without further permission required from the individual or managing agency.

The accessing of the full profiles of individuals who have registered interest in a vacancy ios chargeable to the organisation which cost shall be notified to the organisation at creation with confirmation required by the organisation that they wish to proceed with the purchase of these services.

Disclaimer - Vacancies

After an organisation has shared application instructions with shortlisted candidates the organisation is responsible for verifying the information contained in applicants’ responses and GBJ Payroll accepts no responsibility for the content of any such application. In particular, but without limitation, the organisation is responsible for verifying the applicant’s identity, eligibility to work, experience, training, qualifications and authorisations required by the organisation, by law or by any relevant professional body for the vacancy.

All and any subsequent dealings between the organisation and any applicant in connection with the applicant’s response to the job posting are the responsibility of the organisation, and GBJ Payroll accepts no liability whatsoever therewith. The organisation will indemnify GBJ Payroll against any Losses in connection therewith.

The organisation will comply with all applicable laws, including without limitation: the Data Protection Act 1998 and the Equality Act 2010. By submitting a vacancy to the Website, the organisation thereby confirms that the content of the vacancy complies with the Code of Practice on Employment provided by the Equality and Human Rights Commission, which is currently available at:

http://www.equalityhumanrights.com/legal-and-policy/equality-act/equality-act-codes-of-practice/

The organisation shall indemnify GBJ Payroll against any Losses in connection therewith.

The organisation shall not make any vacancy posts where:

• there is a risk to the health and safety of any applicant at the location where the work is to be performed, unless the organisation undertakes to inform the candidates of such risks and the steps taken to prevent or control such risks; or

• the role involves working with vulnerable persons, including without limitation persons under the age of 18 or persons in need of care and attention by reason of old age, infirmity or any other circumstances, unless the organisation undertakes, in respect of the candidate to be placed, (i) to obtain copies of any relevant qualifications or authorisations of the candidate; (ii) to obtain two references from persons who are not relatives of the candidate; and (iii) to take all other reasonably practicable steps, including without limitation complying with all relevant laws, codes of practices and guidelines issued by relevant authorities, to confirm that the candidate is not unsuitable for the position concerned.

By posting any post as set out above, the organisation is deemed to give the relevant undertakings. Where the organisation is an employment business or agency, the organisation shall offer copies of the documents obtained to the organisation under whose instructions the vacancy was posted.

The organisation accepts responsibility for any detriment which it may suffer or incur in respect of the engagement of an applicant and shall hold GBJ Payroll harmless against any Losses in connection therewith. The organisation shall use all reasonable endeavours to ascertain that it will not be detrimental to the interests of the applicant it intends to engage (if any) to work for the organisation in the vacancy posted.

Open invitations by organisations:

Open Invites to Apply. organisations may make an open invitation to apply in the future to professionals of interest to them. Open invitations to apply have a default duration of 52 weeks. Open invitations do not enable full profile access.

• those that GBJ Payroll considers illegal, inappropriate or fraudulent

• those that directly or indirectly require or ask for application or registration fees

• those that advertise franchise, pyramid, network marketing or get-rich-quick schemes

• those that have been indiscriminately posted or duplicated across multiple sectors

• those that advertise websites, services, businesses, business opportunities and/or contact details.

• those of organisations who solicit staff from any member of the GBJ Payroll Group

For the avoidance of doubt, monies spent by the organisation in the creation of these posts will not be refunded if GBJ removes any vacancy or post.

Termination of account:

Without prejudice to any other remedy, GBJ Payroll may terminate an individual or organisations account and any or all contracts and Services with immediate effect in the event of material or persistent breach of these Term. GBJ Payroll further reserves the right in its sole and absolute discretion to close any account at any time without reason.

Organisations agree to use the Website and the Services in ‘good faith’ i.e. to post authentic, impartial and unique jobs of reasonable quality, which provide both adequate and accurate details. The organisation and individual agrees that any abuse of the Services, Website or these Terms can result in access to the Services being removed and their account terminated.

Intellectual property:

All intellectual property rights connected with the Services and/or the Website shall remain vested in GBJ Payroll or any third party from whom such rights are licensed. Organisations shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is subject to any such intellectual property rights.

Disclaimer:

GBJ Payroll cannot guarantee that (i) the Website and/or the Services will be available at all times; (ii) the Website will be free from errors, viruses and/or other harmful applications; and (iii) the Services will generate any applications, responses or results.

GBJ Payroll shall not be in breach of these Terms if events beyond its reasonable control prevent GBJ Payroll from performing the Services.

It is the organisation’s responsibility to protect their computers against any viruses and malware.

In the event that the organisation makes a claim against GBJ Payroll for whatever reason, GBJ Payroll’s liability (if any) shall not exceed the price paid or to be paid by the organisation for the Services. Under no circumstances shall GBJ Payroll be liable for any consequential, indirect or special losses howsoever arising or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect). Nothing in these Terms shall be construed to exclude GBJ Payroll’s liability for death or personal injury by negligence or any other liability which cannot by law be excluded.

If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.

Notices to GBJ Payroll shall be sent by email to info@gbjpayroll.com and notices to the organisation shall be sent by email to the address supplied on set up of the organisation’s account.

From time to time GBJ Payroll will contact organisations in order to evaluate the service they receive and also to promote GBJ Payroll’s services and products. GBJ Payroll monitors the quality of vacancies from time to time in order to provide a better service to candidates.

Non-solicitation

The organisation undertakes not to solicit, or endeavour to solicit, for employment or engagement with itself or any associated company or organisation, any employee of GBJ Payroll or of any member of the GBJ Payroll Group. Breach of this clause shall be a material breach and will entitle GBJ Payroll, without prejudice to any other remedies it may have, to terminate the organisation’s account and Services immediately.

Transfer outside the EEA:

Personal information may be accessed by third parties outside the European Economic Area (“EEA”). This could happen for instance if you apply for a vacancy where the employer is based outside the EEA. By registering and using the Website, you consent to this transfer.

The rights in material on the Website are protected by international copyright, software and trademark laws and you agree to use the Website in a way which does not infringe these rights. You may copy material on the Website for your own private or domestic purposes, but no copying for any commercial or business use is permitted.

Security and Passwords:

In order to register with the Website and to sign in when you visit the Website, you will need to use a username and password. You are solely responsible for the security and proper use of your password, which should be kept confidential at all times and not disclosed to any other person. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of any password.

Termination:

We may terminate your registration and/or deny you access to the Website or any part of it (including any services, goods or information available on or through the Website) at any time in our absolute discretion and without any explanation or notification.

Liability:

We accept no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or for any other indirect or consequential loss whatsoever) arising from your use of the Website and we hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise. We hereby exclude all representations, warranties and conditions relating to the Website and your use of it to the maximum extent permitted by law.

You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of the Website.

You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of the Website.

Choice of Law and Jurisdiction:

The use of the Website and any agreements entered into through the Website are to be governed by and construed in accordance with Jersey law. The courts of Jersey are to have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of the Website or any agreement made through the Website.

Some of the goods or services offered through the Website may not be lawful or may otherwise not be permitted in certain countries outside the United Kingdom. If you attempt to order, receive, purchase or otherwise benefit from any such goods or services, we do not accept any liability for any losses suffered by you in using the Website which you would not have suffered had you been accessing the Website as a United Kingdom resident (including as a result of us being prevented from dealing with any application or enquiry by any law, regulation or other ruling applicable in any country).