BACKGROUND:
The objective of this document is to outline the Terms & Conditions for Candidates who are using the 365Jobs website, https://365jobs.co.uk/ ("the Site") by articulating the candidate's responsibilities when using the Site, the responsibilities of Finstech Ltd t/a 365Jobs ("365Jobs") and the responsibilities of Companies ("Employers") who use the site, when it comes to use of CV and personal data.
Definitions & Interpretations
This is the [https://365jobs.co.uk/] ("the Site"). Your use of the Site is subject to the following terms and conditions which you will acknowledge acceptance of when you create a Candidate account on the Site.
"We" means [Finstech Ltd t/a 365Jobs], and "our" shall be construed accordingly. "You" or "Candidate" means the person, company or organisation browsing and/or using the Site, and "your" shall be construed accordingly.
"Finstech Ltd T/A 365Jobs" means all companies that are connected with us. A company is connected with us if it is: (i) a subsidiary or holding company of us; (ii) controlled by the same person(s) who control us; (iii) a subsidiary or holding company of any company in (i) or (ii) above; or (iv) in the same group as any company under (i), (ii) or (iii) above.
"Subsidiary" and "holding company" shall be as defined in section 1159 of the Companies Act 2006. The term "control" shall have the same meaning as defined in Section 416 of the Income and Corporation Taxes Act 1988. Two companies are in the same group if they share the same ultimate holding company.
By creating a Candidate account on the Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms & conditions, you must not create an account or if you have and you don't want to agree to these terms & conditions anymore, you must notify us on hello@365Jobs.co.uk and we will delete your account otherwise you will be bound by these terms & conditions.
You further agree that the Privacy Policy for all users of the Site also apply. For the avoidance of doubt where the Terms of Service for all users overlap or conflict with the Terms & Conditions for Candidates, you agree that the Terms of Service for Candidates will govern.
1. Job Postings and Job Listings
The Site is used by Employers to create job postings, which are listed on the 365Jobs job board. Searching for Job Postings on the Site is free for Candidates. While 365Jobs may in some circumstances be compensated by employers who make Job Postings, both free and paid Job Postings are considered advertising.
Job Postings are created and provided by 3rd party Employers over whom 365Jobs exercises no control; you acknowledge and understand that 365Jobs has no control over the content of Job Postings, links to or from Job Postings, or any conditions 3rd parties might impose once a Candidate has submitted an application or left the Site. We cannot confirm the accuracy or completeness of any Job Posting or other information submitted by any Employer or other user, including the identity of such Employer or other user.
You understand and agree that 365Jobs has no obligation to present you with any or all Job Postings and may exclude or remove any Job Postings from the Site or your search result without any obligation to provide reasoning for removal or exclusion. We cannot confirm the accuracy or completeness of any Job Posting or other information submitted by any Employer or other user, including the identity of such Employer or other user. 365Jobs assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Postings, or other information submitted by any Employer or other user.
If an Employer includes a link to a 3rd party or to their own website and you click on it, you acknowledge and agree that 365Jobs has no control over such an Employer/3rd party or its website.
2. 365Jobs Account Creation and CV
By uploading a CV file on the Site, you are requesting and authorising 365Jobs to make your full CV available, including any personal details on your CV or added to your 365Jobs account, to any Employers who are accessing our Site. You are responsible for keeping your CV accurate and up to date. This information may be shared with the Employer via an application for a job posting or via our candidate database search function, if the Employer has subscribed to this service.
Applying to jobs or otherwise sharing your CV with Employers via the Site is done at your own risk and 365Jobs are not responsible for your CV being copied and published by other users of the site, if you have sent it to them, or for any other activity that the Employer or user of the site decide to use it for. Changes to your CV on the Site may or may not be reflected on copies made by Employers using 365Jobs. 365Jobs assumes no responsibility and disclaims all liability for your CV, your information, or application information that you share with Employers or otherwise make public.
To process your CV on the 365Jobs platform, you agree that 365Jobs may convert your uploaded CV to a different file type or adjust the format of the file you have submitted, so that it can be successfully processed. 365Jobs assumes no responsibility and disclaims all liability for your CV or other application information you post, send or receive through the Site whether the file type or formatting has been changed or not.
365Jobs reserves the right to remove your CV from your account at any time, to prevent illegal conduct, for fraud mitigation, or for any other reason at 365Jobs' discretion. 365Jobs makes no guarantee that your CV will be shown to or seen by any Employer when it's submitted, either via the Job Posting application process or the 365Jobs Candidate database service.
3. 365Jobs Services
365Jobs Auto-Filter
Our 365Jobs Auto-Filter product allows Employers to set a criterion of keywords that must appear on any CV submitted for an application to be considered by the Employer. If your CV is scanned and it does not contain the keywords that have been selected by the Employer, your application will still be made available to the Employer for review, but it will be clear that it has not fulfilled the Auto-Filter criterion. By uploading your CV to the Site, you are authorising 365Jobs or any 3rd party to apply the Auto-Filter criterion to your CV if the Employer has selected that as part of their Job Posting package.
Application, CV and Interview Advice
The 365Jobs website contains several tips and blogs to help candidates improve their job search experience. You agree that:
- Your use of any feedback or other information provided by 365Jobs is at your sole discretion.
- You are the only one responsible for deciding which jobs to apply to and what information to include in your applications and CV.
- 365Jobs assumes no responsibility and disclaims all liability for any actions you take based on any provided feedback.
Job Alerts
By creating a 365Jobs CV or uploading a file CV on the Site, 365Jobs may share with you Job Postings that match the contents of your CV or based on job alert criteria that you have created in your 365Jobs account. This information does not mean:
- You are or are not qualified for the job
- You should or should not apply for it
- Any guarantee of your application being reviewed
- You will be invited to a job interview or hired.
Even where 365Jobs highlights items or a Job Posting is shared with you, 365Jobs assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Postings or highlights.
4. Applying to Jobs Through the Site
Any CV or application information that you submit through the Site, including Personal Data included in a CV is subject to this Agreement and to 365Jobs' Privacy Policy.
Employers Use of your Personal Data
Once you provide information to an Employer (whether in the form of a job application, CV, email, interview material or otherwise), 365Jobs does not have control over the Employer's use or disclosure of that information. If you want to request the Employer delete, modify, or maintain confidence over any such information, you must make such a request directly to the Employer. If you require alternative methods for applying, you must approach the Employer directly to request such alternative method, as 365Jobs is not responsible for the Employer application process.
When you ask 365Jobs to submit your application or other information, you are sending your CV and application information to 365Jobs, and you are requesting and authorising 365Jobs to make available such application information to the applicable Employer(s) for the indicated Job Listing(s). You further agree to 365Jobs' performance of automated processing in relation to your application, as such processing is an essential part of this Agreement.
Employers may ask applicants to voluntarily self-identify certain demographic information such as race, ethnicity, sex and disability along with their job applications. Some Employers are required by law to ask these questions and you may see these questions when applying to jobs on the Site. 365Jobs is not responsible for these questions. If you have questions or concerns about an Employer's application materials, please contact the Employer directly or refer to their privacy policy.
Application, Job Postings & Recruitment Process
365Jobs cannot guarantee that any applications will be delivered, received, accessed, read or acted upon. 365Jobs also does not guarantee that any Employer will receive, be notified about, access, read or respond to any such CV or other application material, or that there will be no mistakes in the transmission or storage of the data.
365Jobs depends on the Employer or the Employer's agent to provide 365Jobs with the correct destination for all applications, and we cannot vouch for the validity of the contact information provided to us by Employers. If the electronic destination provided to 365Jobs is incorrect, your application will not be sent to the intended recipient of the application. Further, 365Jobs does not guarantee that its integrations or the interface will be error-free. However, 365Jobs may alert you when any of the above events occur.
Job Postings may expire or otherwise be removed between the time you submit your application and the time it is received, in which cases your application will be void. 365Jobs has no responsibility for expired or removed Job Postings or for delivering applications prior to a Job Posting's expiration or removal. 365Jobs and its 3rd party providers may store your application and related information regardless of whether a Job Listing has been closed or is no longer available on the Site.
By using the Site, you agree that 365Jobs is not responsible for the content of the Employer's job application, requirements, messages, screener questions, skills assessments or their format or method of delivery, and that 365Jobs does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer.
365Jobs do not decide the job qualification criteria of Employers. Employers are solely responsible for compliance with all applicable laws. Employers are responsible for offering alternative methods of screening and you must contact the Employer if you require alternative methods of screening.
365Jobs does not guarantee the identity of an Employer or any individuals working for any Employers. 365Jobs does not guarantee the validity of a job offer and cautions Candidates to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Candidates are solely responsible for verifying the accuracy of any Employer or job offer.
By using 365Jobs to make a job application, you acknowledge that Employers may have instructed 365Jobs to send out rejection notices if your CV does not match the skills required by the Employer, and you acknowledge that 365Jobs has no discretion in the transmission of these rejections. Any interactions the Employer has directly with you and not through a 365Jobs (for example, calling or emailing you directly) are not visible to 365Jobs and 365Jobs assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of any Employer notices.
By using 365Jobs, you acknowledge that Employers may use the functionality in 365Jobs to schedule interviews with Candidates that the Employers have selected and based on the Employers' availability. You agree that 365Jobs has no discretion in the transmission or storage of these interview invitations (which are purely mechanical), that transmission or storage is not guaranteed, and that the availability or criteria the Employer included in the invitation may not be accurate. It is ultimately yours and the Employer's responsibility to confirm whether any interviews were scheduled, or to reschedule or cancel interviews if necessary. The decision of who to interview is decided solely by the Employer, who can choose to interview any Candidate at any time.
To maintain the quality of the Site and Services, 365Jobs in its sole discretion may impose limits on your ability to apply to Job Listings or to other 365Jobs services. Use of any automation, scripting, or bots to automate the 365Jobs Apply process outside of 365Jobs' official vendors and tooling is strictly prohibited.
5. Communications and Other Actions on the Site
When you view, send, store or receive communications or materials (including Job Listings, CVs, messages, text messages, chats, emails, applications, questions and responses in applications, interview or other voice recordings or transcripts, and any other information) to, on or through the Site, you agree to your communication and materials being processed, analysed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites' rules and other 365Jobs policies, content moderation, and to improve the Site or any other 365Jobs product or service.
To achieve these purposes, we may use this data to develop, train, build, and use statistical models, including artificial intelligence and machine learning models. 365Jobs may also use vendors as an extension of the Site to collect, record, process, analyse, and store communication data. If you disagree with any part of these terms, do not use the Site.
When an Employer views, sends, stores or receives communications or materials to, on or through the Site, 365Jobs may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions with regards to a Job Posting, your CV, or your application, such as pausing or closing a Job Posting, opening your CV or application, viewing your CV or application, responding to your CV or application, and deciding with regards to your application. As part of this functionality, you may receive notifications corresponding with your or an Employer's (in the event you applied for a job) activity on or use of the Site. In all cases, such notifications are provided solely as a courtesy, and you should not rely on them. For example, if you accept an interview request, it is your responsibility to follow up with the employer separately to ensure they know your response, do not rely on notifications through the Site. 365Jobs disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.
365Jobs assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site and any communications sent through it.
6. Screening Tools
365Jobs may make screening tools available to Employers for them to use in the application process. The criteria set in these tools to determine the screen of applicants is set by the Employer. As a Candidate you agree that the Employer has made the determination to use these tools as part of its application process and any screen factors are solely determined by the Employer and not by 365Jobs. The Employer is the sole party to determine what qualifies a candidate for the job posting and is solely responsible for the use of the screening tool including any results.
365Jobs does not act as a recruitment agency when it comes to offering screening tools to Employers who have posted a job on the Site. By using screening tools, you acknowledge and agree that 365Jobs is not procuring employees for Employers or procuring opportunities to work for Candidates. 365Jobs merely provides a tool enabling Employers and Candidates to exchange information as they determine. The sole responsibility for the content of any screening tools, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of screening tools, is solely with Employers or Candidates as applicable.
For clarity, Finstech Ltd does operates a Recruitment & IT Consultancy arm. It does perform screening in this role as a recruitment agency, but these are completed outside of the Site. Any screening tools offered via the Site do not constitute Finstech Ltd acting as a recruitment agency in this instance.
365Jobs is not a 3rd party beneficiary of or liable for any agreements between an Employer and Candidate, regardless of whether or not 365Jobs receives a fee from the Employer in connection with the transaction. 365Jobs will not be liable for any costs or damages arising out of or related to such transaction.
7. Your Candidate Data
By using the Site, you acknowledge and agree that 365Jobs collects, records, processes, analyses, and stores any and all information you provide and activities you take on the Site, and any and all interactions and communications you have with, on, or through the Site. You further acknowledge and agree that 365Jobs may inform the Employer about activities you take on the Site or your use of the Site.
When you initiate a job application on a website operated by an Employer or its applicant tracking system, 365Jobs may collect certain information about you and any actions taken by you during Your visit using automated means, such as via API, cookies, pixels and web beacons. The information collected includes, for example, information about Job Listings you viewed and job applications you started and completed. An Employer who provides tracker functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that 365Jobs has no control over such an Employer or its website. You agree to 365Jobs' use of, and receipt of information from, any such tracker functionality.
Please note that 365Jobs may be required to comply with legal obligations or governmental requests or to establish or exercise its legal rights or defend against legal claims. This means, for example, that 365Jobs may receive legal process from courts or law enforcement to reveal user data.
Please also note that some Employers may ask applicants to voluntarily self-identify certain demographic information such as race, ethnicity, sex, disability and/or veteran status along with their job applications. Some Employers are required by law to ask these questions and you may see these questions when applying to jobs on 365Jobs. That is a separate process and 365Jobs is not responsible for these questions. If you have questions or concerns about an Employer's application materials, please contact the Employer directly or refer to their privacy policy.
8. Law and Jurisdiction
These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.