1. INTRODUCTION
1.1. These terms (the Terms of Service) form a binding legal agreement between you and SeeMe Hired Ltd, a private limited company registered in Northern Ireland with registered number NI642569 and registered address at Causeway Tower, 9 James Street South, Belfast, Northern Ireland, BT2 8DN (we, us, our) and relate to how you may use our online employment location and management application and platform located at www.seemehired.com (the SeeMeHired Platform).
1.2. You’ll be deemed to have accepted the Terms of Service whenever you use the SeeMeHired Platform. That means that if you don’t want to accept the Terms of Service, you may not use the SeeMeHired Platform.
1.3. We may change or add additional terms to these Terms of Service if we alter the existing services we provide, if we add new services to the SeeMeHired Platform or if we need to for security, regulatory or legal reasons. Where the changes are significant we may also choose to email our registered users with the new details.
2. USE OF OUR SITE BY YOU
2.1. We’re always happy to have potential candidates use the SeeMeHired Platform. However, we’d like to impose a few ground rules to protect our intellectual property, the operation of the SeeMeHired Platform and our staff.
2.2. By using the SeeMeHired Platform, you agree that you do so in the full knowledge that:
2.2.1. we are not, and we are not operating the SeeMeHired Platform as, an employment agency;
2.2.2. we do not supply candidates to employers. We simply provide the SeeMeHired Platform as platform to facilitate job seeking;
2.2.3. we have no control over the course of any particular application; and
2.2.4. we have no control over any decision whether or not to employ any particular candidate. We therefore exclude to the maximum extent permitted by law any and all liability to you in relation to any decision made by any employer using the SeeMeHired Platform.
2.3. You will not be charged for using the SeeMeHired Platform.
2.4. You may only use the SeeMeHired Platform for lawful purposes when seeking employment or help with your career ( Permitted Purpose). Where, in our sole opinion, we suspect that you have used the SeeMeHired Platform for any purpose other than the Permitted Purpose, we reserve all our rights to suspend the provision of the SeeMeHired Platform to you. We’ll also reserve the right to take appropriate legal action for any such misuse.
2.5. You agree that you won’t at any point:
2.5.1. access or copy (or attempt to access or copy) any part of the SeeMeHired Platform by any means other than through the interface provided by us;
2.5.2. access (or attempt to access) any part of the SeeMeHired Platform through any automated means, including without limitation use of scripts, robots, spiders, scrapers or web crawlers, for any purpose;
2.5.3. take any action that imposes, or may impose (in each case in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
2.5.4. copy, duplicate, reproduce, rent, lease, loan, sell, trade, resell, modify, create derivative works, distribute or publicly display any part or component of the SeeMeHired Platform without prior written consent from us and any third party determined by us as appropriate;
2.5.5. interfere or attempt to interfere with the proper working of the SeeMeHired Platform or any activities conducted via the SeeMeHired Platform;
2.5.6. bypass any measures we may use to prevent or restrict access to the SeeMeHired Platform;
2.5.7. attempt to reverse engineer, decompile or otherwise seek to obtain access to any source code, algorithm or other intellectual property right in the SeeMeHired Platform; and/or
2.5.8. engage in any activity that interferes with or disrupts the SeeMeHired Platform or the servers and networks which are connected to the SeeMeHired Platform.
2.6. You may not use the SeeMeHired Platform if you are a recruitment agency (unless we have expressly agreed otherwise with you).
2.7. You acknowledge and agree that we may monitor your use of the SeeMeHired Platform. Where, in our sole opinion, we suspect misuse by you of the SeeMeHired Platform has occurred, we reserve all our rights to suspend the provision of the SeeMeHired Platform to you. We’ll also reserve the right to take appropriate legal action for any such misuse.
2.8. Whilst we try to ensure that the standard of the SeeMeHired Platform 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 SeeMeHired Platform (or any particular part of it) or to provide the service offered on the SeeMeHired Platform. We may vary the specification of this site from time to time without notice.
3. YOUR INFORMATION, AND HOW WE USE IT
IT IS INCREDIBLY IMPORTANT THAT YOU UNDERSTAND HOW WE GATHER AND USE YOUR INFORMATION. IN ORDER TO HELP YOU, WE’VE CAREFULLY PREPARED OUR PRIVACY NOTICE WHICH YOU CAN ACCESS [here] [RC1] , AND YOU MUST READ THIS. BY ACCEPTING THESE TERMS OF SERVICE YOU ARE CONFIRMING TO US THAT YOU HAVE DONE SO.
3.1. Notwithstanding the need for you to read the document at the link given at 3 above (the Detailed Data Explanation), here’s a summary of the main points of the data collection process:
3.1.1. simply by downloading our app, and/or by accessing the SeeMeHired platform, we may gather information from you which the law regards as personal data, such as your internet protocol address;
3.1.2. whenever you access the SeeMeHired platform, we will use cookies to track your use;
3.1.3. when you register as a candidate, we will collect and store a large amount of personal data from you (your profile information ). This will mean our activities will be subject to data protection law, and you should check the Detailed Data Explanation as well as our Privacy Notice for further information as to your rights and our obligations under the data protection law;
3.1.4. also when you register as a candidate you will be given two options to choose from:
3.1.4.1. if you select SeeMe On Application, then we will not release your profile information to any employer until you apply for a particular role. However, it is extremely important that you understand that when you do apply for a job, we release your profile information to the prospective employer, and we continue to store the information in the SeeMeHired Platform for their use. Again, please see the Detailed Data Explanation for a full description on this, but the important point to remember is that after you apply to an employer we will hold your profile information on the employer’s behalf as their processor, at the same time as holding it on your behalf;
3.1.4.2. a final characteristic of the SeeMe On Application is that you can anonymise your profile information, and allow the anonymised profile to be distributed to employers who are advertising jobs which match your profile. If you’ve anonymised your data correctly this shouldn’t involve data protection law (which generally relates to personally identifiable information), but again please see the Detailed Data Explanation for more on this;
3.1.4.3. if you select the HeadHuntMe option, it’s really important that you understand that your full profile information will be available to any employer who posts, or who has posted, a job that matches your profile . Once this information has been sent, we are unable to retrieve it: we will be holding it as processor to the relevant employers, and you’ll need to contact them to exercise your data protection rights. Again, this is more fully explained in the Detailed Data Explanation.
3.2. You are solely responsible for any information submitted by you to the SeeMeHired Platform. 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, derogatory 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. Where, in our sole opinion, we suspect that any information supplied by you breaches this clause (e.g. you make a defamatory or derogatory comment about us, an employer, another candidate or any other person), we reserve all our rights to suspend the provision of the SeeMeHired Platform to you. We’ll also reserve the right to take appropriate legal action for any such misuse.
3.3. You are also 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 SeeMeHired Platform.
3.4. We reserve the right to remove any information supplied by you from the SeeMeHired Platform at our sole discretion, at any time and for any reason without being required to give any explanation.
3.5. To the extent that you wish us to share your information with employers you consent to our sharing the information you provide to us with the employers who use the SeeMeHired Platform. This means that you give us:
3.5.1. a non-exclusive, royalty-free, worldwide licence of any rights, including without limitation intellectual property rights, in the information you provide to us on the SeeMeHired Platform, to share or otherwise use such information as we reasonably require to fulfil the services we provide on the SeeMeHired Platform; and
3.5.2. the right to grant a non-exclusive, royalty-free, worldwide sub-licence of any rights, including without limitation intellectual property rights, in your information you provide to us on the SeeMeHired Platform, to employers for their recruitment related activities.
3.6. Vacancies are advertised on the SeeMeHired Platform by employers. We are not responsible for the content of adverts or the conduct of employers using the SeeMeHired Platform, and/or any third party content. That means that we are not liable to you for any decision you may make about any employer referred to on the SeeMeHired Platform. You agree this is reasonable, since we are only providing a technology platform to you – and we’re providing it to you for no fee.
3.7. Where the SeeMeHired Platform contains links to other sites and resources which are provided by third parties, these links and resources are provided for your information only and you access them at your own risk. We are not liable or responsible for the content of third party sites or resources.
4. KEEPING YOURSELF SAFE AS A JOBSEEKER
4.1. Jobseekers are an increasingly common target for online fraudsters. Further information on some of the potential risks for you as a jobseeker may be found athttps://www.safer-jobs.com.
5. INTELLECTUAL PROPERTY
5.1. This is where we tell you that we, or our licensors, own all of the intellectual property on the SeeMeHired Platform, and that while you can look at it, you can’t copy it (unless the law allows.) Accordingly:
5.1.1. in consideration of the fulfilment by you of the obligations imposed on you by these Terms of Service we grant you a non-exclusive, non-assignable, non-transferable non-sub licensable licence for the duration of the agreement created by these Terms of Service to use the SeeMeHired Platform solely and strictly for your own use. This licence is granted subject to these Terms of Service, and any rights granted by the Terms of Service to allow us to terminate and/or suspend access to the SeeMeHired Platform;
5.1.2. all intellectual property rights subsisting in or used in connection with the SeeMeHired Platform are and shall remain the sole property of us and our licensors. All present and future rights in and title to the SeeMeHired Platform, including without limitation the right to grant access to it over any present or future technology, are solely and exclusively reserved to us;
5.1.3. SeeMeHired is our unregistered trademark, and in time we may have it registered as a trademark. Unless you have agreed otherwise in writing with us, nothing in the Terms of Service gives you a right to use any of our or our licensors’ trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including without limitation copyright and trade mark notices) which may be affixed to or contained within the SeeMeHired Platform;
5.1.4. the SeeMeHired Platform may include components which are licensed to us by third parties. To the extent that the terms of any such license impose any obligation on you which is in addition to any obligation imposed on you by these Terms of Service ( Third Party Licensor Obligation) you undertake fully to comply with and fulfil all requirements of any such Third Party Licensor Obligation.
6. TERMINATION
6.1. Quite simply, we can close down the SeeMeHired Platform at any time. If we do so, we will provide you a copy of data from your account.
6.2. There are a number of ways in which you can limit, and ultimately terminate, access to your account. You can close access to your personal information by selecting the setting which indicates that you’re not currently looking for opportunities. This will prevent you receiving job vacancy notifications. Alternatively, you can deactivate your profile entirely: for more details on this please see the Detailed Data Explanation.
6.3. We reserve the right to retain, maintain, archive, protect, use, or store limited data derived from your use of the SeeMeHired Platform. This will be aggregated data and will not contain personal data relating to or identifying you. We will use the limited data we retain (such as your candidate reference number) for our own purposes. These will include compliance with legal, regulatory and contractual obligations, including without limitation the provision to third parties of employment demographic and statistical information.
7. EXCLUSIONS AND LIMITATIONS
7.1. This section is also important – it explains how and why we exclude liability for your use of the SeeMeHired Platform. We think that this is reasonable because we’re not asking you to pay anything – access to the SeeMeHired Platform is free. So it’s extremely important that you understand before you commence use of the SeeMeHired Platform that, since we’re giving you free access to the SeeMeHired Platform, we’re excluding our liability to you as far as the law allows.
7.2. To be clear about what this exclusion of liability means in detail:
7.2.1. first off, nothing in these Terms of Service, including without limitation this clause 7, shall exclude or limit any warranty or liability which applicable law says may not be excluded or limited, including without limitation liability for fraud, or for death or personal injury caused by our negligence;
7.2.2. next, there are no conditions, warranties, representations or other terms, express, statutory or implied, (including without limitation statutory warranties and conditions of user enjoyment, merchantability, fitness for a particular purpose and non-infringement)that are binding on us except any which we’ve specifically stated in these Terms of Service. Any condition, warranty, representation or other term concerning the supply of the SeeMeHired Platform which might otherwise be implied into or incorporated in these Terms of Service, or any collateral contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law;
7.2.3. you expressly understand and so agree that your use of the SeeMeHired Platform is at your sole risk and that the SeeMeHired Platform is provided on an "as is" basis;
7.2.4. in particular, we, our subsidiaries and affiliates, and our licensors, do not represent or warrant to you that:
7.2.4.1. your use of the SeeMeHired Platform (including without limitation its use in conjunction with any other software) will meet your requirements, that your use of the SeeMeHired Platform will be uninterrupted, timely, secure or free from error or that defects in the operation or functionality of the SeeMeHired Platform provided to you will be corrected; and
7.2.4.2. any information obtained by you as a result of your use of the SeeMeHired Platform will be accurate or reliable; and
7.2.4.3. that the SeeMeHired Platform will be accessible at any particular time; and
7.2.4.4. that defects in the operation or functionality of the SeeMeHired Platform will be corrected, rectified, or remedied;
7.2.5. you expressly understand and agree that we and our licensors shall not be liable to you for:
7.2.5.1. any direct, indirect, special, incidental or consequential loss or damage which may arise in respect of the SeeMeHired Platform and/or its use by you or non-availability;
7.2.5.2. any direct, indirect, special, incidental or consequential loss or damage which may arise as a result of our breach of these Terms of Service;
7.2.5.3. any act or omission of any third party, including without limitation our third party contractors and also including without limitation any act or omission of any employer using the SeeMeHired Platform;
7.2.5.4. loss or corruption of data or information. The SeeMeHired Platform is not a back-up service: you should always maintain a separate copy of key information you use or access on the SeeMeHired Platform;
7.2.5.5. loss of opportunity or loss of contract or other losses which you may incur as a result of use of or reliance upon any content; and
7.2.5.6. any effect which use of the SeeMeHired Platform may have on any software you use.
7.3. Finally, you agree and acknowledge that you are in a better position than us to foresee and evaluate any potential damage or loss which you may suffer in connection with the use of the SeeMeHired Platform; that we cannot adequately insure our potential liability to you; and that accordingly the exclusions and limitations contained in this clause 7 are reasonable.
7.4. If any part or provision of this clause 7 is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision. You also undertake at all times to mitigate any such damage or loss.
8. DATA PROTECTION
THIS IS ANOTHER EXTREMELY IMPORTANT CLAUSE, WHICH YOU NEED TO READ IN CONJUNCTION WITH THE DETAILED DATA EXPLANATION AND ALSO OUR PRIVACY NOTICE. In this clause 8 the following phrases have the following meanings: Data Protection Legislation means the General Data Protection Regulation (EU) 2016/679 (GDPR) and any national implementing laws, regulations and secondary legislation relating to data protection and privacy, as amended or updated from time to time as well as any successor legislation to the GDPR and Data Protection Act 2018;personal data, controller and processor have the meaning given those terms in the GDPR.
8.1. For the purposes of the Data Protection Legislation we will be generally acting as a controller in relation to personal data contained in your profile information (Your Personal Data). Both you and we agree to comply with your and our respective obligations under the Data Protection Legislation in respect of Your Personal Data.
8.2. In certain circumstances, such as where we send Your Personal Data to potential employers at your instruction or where you supply us with the personal data of referees who you include on your profile information ( Referee Data), we may also be acting as a processor to you in relation to Your Personal Data and/or the Referee Data. In such situations we shall:
8.2.1. process Your Personal Data and/or the Referee Data only in accordance with your written instructions unless we are prevented by the Data Protection Legislation, in which case we shall promptly notify you of this unless the Data Protection Legislation prohibit us from so notifying you;
8.2.2. ensure that all personnel who have access to and/or process Your Personal Data and/or the Referee Data are obliged to keep it confidential;
8.2.3. ensure that we have in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Your Personal Data and/or the Referee Data and against accidental loss or destruction of, or damage to, Your Personal Data and/or the Referee Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Your Personal Data and/or the Referee Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Your Personal Data and/or the Referee Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);
8.2.4. (where we use any sub-processor, as that term is defined in the GDPR) we shall:
8.2.4.1. enter into a legally binding written agreement that places the equivalent data protection obligations as those set out in this clause 8 to the extent applicable to the nature of the services provided by such sub-processor, in particular providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of the GDPR;
8.2.4.2. remain liable for the performance of the sub-processor; and
8.2.4.3. procure that any transfers by us to a sub-processor outside the EEA shall be carried out in accordance with Chapter 5 of the GDPR
and you consent to our appointing sub-processors subject to the provisions of this clause 8.2.4;
8.2.5. at your written direction, promptly delete or return Your Personal Data and/or the Referee Data to you on termination of this Agreement unless required by the Data Protection Legislation to store Your Personal Data and/or the Referee Data. However, you should remember that (as stated in clause 3 above) if you have allowed Your Personal Data and/or the Referee Data to be transferred to an employer via the SeeMeHired Platform, we will separately also continue to hold Your Personal Data and/or the Referee Data on the employer’s behalf as their processor. This means that, while you still have all the rights afforded you by the Data Protection Legislation to control the use of Your Personal Data and/or the Referee Data by the employer, it will be the employer’s responsibility to comply with your exercise of those rights – and not our responsibility, since we’re only acting as their processor;
8.2.6. maintain complete and accurate records and information to demonstrate our compliance with these Terms of Service and allow for audits by you or your designated auditor in respect of the processing of Your Personal Data by us or our sub-processors (upon receiving reasonable notice from you);
8.2.7. save as otherwise permitted by this clause 8, not transfer any of Your Personal Data and/or the Referee Data outside of the European Economic Area without obtaining your prior written consent; and
8.2.8. notify you without undue delay on becoming aware of a breach of Your Personal Data and/or the Referee Data.
9. GENERAL
9.1. You agree that:
9.1.1. you shall not assign, transfer or sub-license any of your rights or obligations under these Terms of Service;
9.1.2. failure or neglect by us to enforce any of the provisions of these Terms of Service at any time shall not be construed or deemed to be a waiver of our rights - nor shall this in any way affect the validity of the whole or any part of these Terms of Service, nor prejudice our rights to take subsequent action;
9.1.3. if any part of any provision of these Terms of Service shall be or become invalid, unlawful or unenforceable to any extent, then the remainder of such provision and all other provisions of these Terms of Service shall continue to be valid and enforceable to the fullest extent permitted by law; and
9.1.4. these Terms of Service represent the entire agreement of you and us in relation to the subject matter of these Terms of Service and supersedes any previous agreement between you and us in relation to the SeeMeHired Platform.
10. LAW AND JURISDICTION
10.1. These Terms of Service shall be construed in accordance with Northern Irish law and the parties hereby submit to the exclusive jurisdiction of the Northern Irish courts.
11. CONTACT
We welcome questions about the way our SeeMeHired Platform works. You can either get in touch with us via the Contact page on our SeeMeHired Platform, or (if you have a question about these Terms of Service) you can contact us at support@seemehired.com