Welcome to the Terms of Service for FairHire. This is an agreement (“Agreement”) between Nottx Ltd (“Nottx"), the owner and operator of www.fairhire.org (the “Site”) and you. Nottx is registered in England and Wales under company number 9659927, with its registered office at 1 Fore Street Ave London, EC2Y 9DT United Kingdom and with VAT registration number GB222038257. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU CREATE A PROFILE ON OUR SITE OR BEFORE YOU START TO USE ANY OTHER PART OF OUR SITE. WE RECOMMEND THAT YOU PRINT A COPY OF THESE FOR FUTURE REFERENCE. BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING USING THE SERVICES OFFERED, CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE SITE, YOU CONFIRM THAT (1) YOU ACCEPT THE TERMS OF THIS AGREEMENT; (2) UNLESS YOU ARE ACCESSING THIS SITE ON BEHALF OF A COMPANY, YOU ARE 18 YEARS OLD OR OVER, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE AGREEMENT PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE HIRER, AND TO BIND THAT COMPANY TO THE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT ACCESS OR USE THIS SITE OR THE SERVICE IN ANY WAY.
2. Accessing the Site
Access to our Site is permitted on a temporary basis. We reserve the right to withdraw or amend our Site and/or the Service without notice. We will not be liable if for any reason our Site, the Service and/or any part of it or them is unavailable at any time or for any period. You are responsible for making all arrangements necessary to access and view this Site and should ensure you have up to date anti-virus software on any device from which your access Site. You are responsible for ensuring that all persons accessing our Site through your internet connection are aware of this Agreement.
3. Misuse of the Site
You must not misuse our Site by:
- knowingly introducing viruses, trojans, worms, logic bombs, time bombs, keystroke loggers, spyware, adware or other material, programme or code which adversely affects the operation of any computer software or hardware (or is designed to do so); and/or
- gaining or attempting to gain unauthorised access to the server on which our Site is stored or any server, computer or database connected to our Site; and/or
- attacking our Site via a denial-of-service attack or a distributed denial-of service attack.
Breach of this clause might constitute a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
4. User Generated Content
You are responsible for your use of the Site and Service and for any use of the Site or Service made using your account. As part of the Service, Users may post user generated content (“UGC”) to the Site. Any UGC posted by you will be attributed to the username you provide but we will not publish your email address on the Site. We reserve the right to refuse to publish any UGC (or remove without notice any previously published UGC) if it does not adhere to our Policies. We shall not be liable for any loss or damages whatsoever arising from such decision to refuse to publish (or to remove previously published) UGC. We also reserve the right to close your account and/or ban you from being able to post UGC to the Site if you persistently and/or seriously breach the terms of the User Generated Content Policy. Views and opinions expressed in UGC submitted by Users or other members of the public are those of the individual submitting the UGC, not those of Nottx and we accept no responsibility for the content of such UGC. However, if you find any UGC on the Site to be in any way offensive, obscene, defamatory, racist, harmful, inaccurate, unlawful, illegal or deceptive in any way, please notify us by emailing us at email@example.com with the subject heading "Objectionable Content". On receipt of your complaint we may remove or block access to the UGC complained of.
5. Limitations On Liability
To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to the Site or any content on it. In particular, we do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. You must take your own precautions in this respect. In any event, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site. We do not accept liability for any failure to maintain the Site. Nor do we accept liability for any UGC uploaded to the Site. You agree that you are solely responsible for all of your communications and interactions with other users of the Site and or Service. We do not accept liability for any dealings, including but not limited to contracts entered into, between Job Seekers and Hirers who use our Site and Service. We do not accept any liability for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise (even if foreseeable) arising under or in connection with: (a) use of, or inability to use, the Site; or (b) use of, or reliance on, any content displayed on the Platform. In particular we will not be liable for loss of profits, sales, business or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage. Nothing in this Agreement shall affect your statutory rights, and nothing in this Agreement shall exclude our liability for death or personal injury arising through negligence, for fraud or fraudulent misrepresentation and/or anything else that cannot be excluded or limited by us under English law.
6. Intellectual Property Rights
We expressly reserve all intellectual property rights in and to the Site and all information, images, and other content displayed on the Site (“Materials”). Our intellectual property in the Site includes without limitation any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by you. You hereby assign all current and future rights to such intellectual property, which we can use for any purpose relating to the Site or our business. You may only view, print out, use, quote from and cite the Website and the Materials for your own personal, non-commercial use and on the condition that you give appropriate acknowledgement to Nottx. Unless we expressly agree otherwise, you shall not copy all or any part of the Site for your own commercial purposes. Your use of the Site and the Materials is subject to the following restrictions. You must not:
- remove any copyright or other proprietary notices contained in the Materials; and/or
- use any Materials from the Site in any manner that may infringe any copyright, intellectual property right or proprietary right of us or any third parties; and/or
- use, or cause others to use, any automated system or software to extract content or data from the Site ("screen scraping"), except in cases where you or any applicable third party has entered into a written licence agreement directly with us that expressly permits such activity; and/or
- reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame (or use any other browser or border environment), communicate to the public or circulate to any third party or exploit the Site and/or the Materials for any commercial purpose, without our prior written consent by way of a licence agreement.
We expressly reserve all rights in and to the www.fairhire.org domain name and all related domains and sub-domains, the name "FairHire", our logo device, service marks, trading names and/or trade marks. Other trade marks, products and company names mentioned on the Site may be trademarks of their respective owners or licensors and the rights in such marks are reserved to their respective owners or licensors.
7. Licensing To Nottx
You hereby grant to Nottx and its owners, affiliates, representatives, licensors and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or any part of your Content (“Your Content”) and anything we may make with Your Content through FairHire or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with Your Content. We are not required to host, display, or distribute any of your Content and we may refuse to accept or transmit Your Content, and may remove or delete all or any portion of Your Content from FairHire at any time. By submitting any Content to us, you hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the right to give us the license described above. Finally, you represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You understand that when using the Site and/or the Service you will be exposed to Content from a variety of sources, and that Nottx is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Nottx. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Nottx Parties with respect thereto, and agree to indemnify and hold the Nottx Parties harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
8. Third Party Content
Our Site may contain advertising submitted by third parties. Such third parties are solely responsible for the content of such advertising and for ensuring that it complies with all relevant legislation and regulations. We do not accept any responsibility for the content of any third party advertising. Our Site and/or the Materials may contain links to third party websites. If you decide to visit any third party site, you do so at your own risk. We are not responsible or liable directly or indirectly for the content, accuracy or opinions expressed in such websites or the standard of goods or services available through or on such websites. Unless expressly stated otherwise, links do not imply that we are, or our Site is, affiliated to or associated with such sites. Our communications with you may contain information sourced from third party websites. Material from a third party site will be marked as such and a link to the source website may be provided. We accept no responsibility or liability for any material supplied by or contained on any third party website which is linked from our communications with you, or any use of personal data by such a third party. The inclusion of any link in our communications with you does not imply endorsement by us of the linked site. If you decide to access linked third party websites, you do so at your own risk. Please remember that when you use a link to go from our Site to another website, our Terms of Service [(including our Privacy and Cookies Policy)] will no longer be applicable. Your browsing and interaction on any other website, including websites which are linked to ours, is subject to that website’s own terms and policies. Please read those terms and policies before proceeding.
9. Legal Compliance and Applicable Law
The English Courts will have exclusive jurisdiction over any claim or dispute arising from or related to a visit to the Site or use of the Service (including non-contractual disputes or claims). English Law will apply to this Agreement.
10. Contact Us
If you have any concerns or queries about material that appears on the Site or if you have questions about your use of the Site or this Agreement please email us at firstname.lastname@example.org. Our postal address for correspondence is Nottx Ltd, 1 Fore Street, London EC2Y 9DT.
- 1. General
- 2. Information we may collect from you
- 3. Cookies
- 4. Uses made of the information
- 5. Disclosure of your information
- 6. Where we store your personal data
- 7. Your rights
- 8. Third Party Links
- 9. International Transfers
- 10. Access to information
- 11. Data security
- 12. Data retention
- 13. Deleting data
- 15. Contact
Nottx Limited (We) are committed to protecting and respecting your privacy. We are the controller and are responsible for your personal data.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.fairhire.org you are accepting and consenting to the practices described in this policy.
2. Information we may collect from you
We may collect and process the following data about you:
- Information you give us. You may give us information about you by filling in forms on our site www.fairhire.org (our site), signing up to a newsletter, requesting a demo, logging into the website or by corresponding with us by phone, e-mail or otherwise. The information you give us may include your name, address, e-mail address, phone number, personal description, photograph, personal details such as gender, age, ethnicity and the like.
- Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number; and
- if you land on our website from an external source (such as a link on another website or an email link), we collect the information about the source that referred you to us.
- Marketing and communications data, including your preferences in receiving marketing information and communications from us or third parties.
We also collect, use and share aggregated data such as statistical or demographic data. Aggregated data may be derived from personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your usage data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect aggregated data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
We do not collect Special Categories of Personal Data, including but not limited to race, ethnicity, religion, gender sexual orientation, disability or otherwise.
4. Uses made of the information
We will only use personal data given to you if permitted under applicable laws. We will use such information held about you in the following ways:
- Where we need to perform the contract we are about to enter into or have entered into with you.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
Generally, we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email, social media or text message.
We have set out below a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data.
|Purpose||Lawful basis / Legitimate basis|
|To provide products and/or services to you||For the performance of our contract with you or to take steps at your request before entering into a contract|
|Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies||To comply with our legal and regulatory obligations|
|To notify you about changes to our service||For our legitimate interests to promote transparency with you relating to our services.|
|Operational reasons, such as improving efficiency, training and quality control||For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service for you at the best price|
|Preventing unauthorised access and modifications to systems||
For our legitimate interests or those of a third party, ie to prevent and detect criminal activity that could be damaging for us and for you
To comply with our legal and regulatory obligations
|Statistical analysis to help us manage our business, eg in relation to our financial performance, customer base, product range or other efficiency measures||For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service for you at the best price|
|To improve our site to ensure that content is presented in the most effective manner for you and for your computer||For our legitimate interests or those of a third party, ie to be as efficient as we can so we can deliver the best service for you at the best price|
|Marketing our services and those of selected third parties to:
||For our legitimate interests or those of a third party, ie to promote our business to existing and former customers|
5. Disclosure of your information
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
- Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you.
- Analytics and search engine providers that assist us in the improvement and optimisation of our site.
We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
- If Nottx or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
6. Where we store your personal data
All information you provide to us is stored on secure cloud-based servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
7. Your rights
You have the right to ask us not to process your personal data. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by contacting us at email@example.com.
Please note that you have the right to
- Request details of the information we store about you unless this involves disclosing information about third party which we are not allowed to share.
- Withdraw your consent to the use of your information which was stored based on your consent. We may still be entitled to process information for another legitimate reason.
- Receive information that you have provided in a portable format.
- Withdraw your application or erase information that you have provided us.
- Not to be subjected to automated decision-making including profiling.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites. All requests to maintain your rights should be directed to our email address firstname.lastname@example.org.
8. Third Party Links
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
9. International Transfers
We may transfer your data outside the European Economic Area (EEA) if we are sharing it with group companies.
Some of our external third parties are based outside the EEA, so their processing of your personal data will involve a transfer of data outside the EEA.
Whenever we transfer your personal data out of the EEA, we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- we may use specific contracts approved by the European Commission which give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.
- Where we use providers based in the US, we may transfer data to them if they are part of the Privacy Shield which requires them to provide similar protection to personal data shared between the Europe and the US. For further details, see European Commission: EU-US Privacy Shield.
- Please contact us if you want further information on the specific mechanism used by us when transferring your personal data out of the EEA.
10. Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
11. Data security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
12. Data retention
We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, financial, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
13. Deleting data
You may ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing, where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law.
However, we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.