Your Privacy is Important to Us!
Welcome to inploi!
We are a limited company registered in England and Wales under company number 09674409 and have our registered office at The Old Rectory, Church Street, Weybridge, Surrey, England, KT13 8DE. Our main trading address is 19-23 Ironmonger Row, EC1V 3QW. Our VAT number is GB233026744.
inploi’s mission is to connect the world’s workforce and its employers, helping people to obtain information, to advertise and access job opportunities and, ultimately, to help companies and people to be better informed and more successful. In doing so, we are committed to being transparent about the data that is collected about you, how it is utilised, and what your rights are.
inploi is an online talent attraction technology, services, and resources platform. Employers that we work with and our site visitors use inploi to find and be found for work opportunities, to apply for jobs and to obtain related information.We have put together this document in order to explain our privacy and data protection practices and to highlight your rights under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
This Privacy Policy and any Terms of Use published on our website apply when you use our Services (as described below).This version of the policy was adopted in August 2022
Introduction
All site visitors seeking job opportunities or simply browsing the site are described in this policy as (“Users”).
This policy also provides information relevant to businesses that we have a relationship with as we hold a limited amount of personal data concerning the contacts we have with these businesses as explained below.
Users who are looking for work when uploading a CV or similar document share information about their professional identities (including their work and educational histories, their job preferences and other related information) facilitated through the inploi platform on and through which they learn about, access, and apply for, jobs, and other opportunities with companies whose details we publish.
Services
The inploi Services include but are not limited to the inploi website, inploi mobile applications, inploi widget, inploi customer support systems, inploi technologies wherever they may be (on the internet or otherwise) and all inploi communications via any format (together the “Services”).
The Data Controller
inploi Limited (the registered company operating as inploi, hereafter the “Company”) becomes a controller of certain of your personal data provided by you , in connection with our Services. You can contact us at any time by writing to privacy@inploi.com or by submitting a support request via our website by visiting our contact page. As a User of our Services, the collection, use and sharing of your personal data is subject to this Privacy Policy. Where your data is shared with third parties,you are consenting to this by confirming that data may be processed and submitted to the Employer of your choice when prompted to agree to this happening. An Employer to whom your details are passed will become a controller of that data, subject to the provisions of that Employer’s privacy policy.
In our relationships with Employers and other relevant third parties we have data sharing or processing arrangements in place that take account of the responsibilities we and they will have in the way that personal data is shared and then processed.
Modifications to this Policy
The Company reserves the right to modify this Privacy Policy from time to time or as required. In the event of material changes users will be notified through the Services, or by other means, giving you the opportunity to review any changes. If you object to such changes you should terminate your usage of the Services.
Please view the “Updated from” as the date when this Policy was last revised. Your continued use of our Services after we publish or send a notice about our changes to this Privacy Policy means that the collection, use and sharing of your personal data is subject to the Privacy Policy current at the time we received your data and is based also on the consent you provided at that time. We may draw your attention to any update to our privacy policy and ask you at that time to consent to your data thereafter being processed in accordance with that updated policy. We encourage you to review this policy periodically. If you do not understand any aspect of it please write to us for clarification at privacy@inploi.com.
Data Collected by Us
We may invite you to create an account with inploi. You will be offered the opportunity to provide data including your full name, email address, phone number, and a password.
If you register as a customer of inploi in the course of receiving services from inploi, you will be required to include your company name as well.
Employers, as users of our paid-for Services
When registering as an employer we will ask you to provide contact details for individuals that we are to communicate with or who are authorised to communicate with us and will hold that data as a data controller.
Applying for a role
Users may be required to make initial contact with an Employer using a conversational user interface function provided as part of the inploi services.
Personal data that you initially enter through the chat function on our website forms the data that we collect (which may include your CV) will be passed on with your consent to an Employer that you wish to make your job application to. That initial data is only made available to the Employer when you have responded to the prompt confirming that the data may be submitted. The data you have entered via the inploi chat function and the CV may be retained by inploi together with information relating to the job function you are expressing interest in. With your consent this data may be used to create your online professional profile, to be used for further job applications, to connect with other users, and to participate in and interact with the inploi community. We may also use that information to provide you with details of similar job opportunities that may be of interest to you. You will be able to request the deletion of your data or to update your communication preferences at any time.
When you use the Services
We log usage data when you visit and/or use our Services, including our sites, mobile applications, and other platform technologies (e.g., our off-site widgets, communications sent through push, email, text message and other channels, and partner page listings)], such as when you view or click on content or adverts (on or off the Services), perform a search, install or update one of our mobile apps, share content or apply for jobs.
Cookies
We use cookies, device information, IP addresses, operating system, web browser, GPS, web beacons, pixels, advert tags and device identifiers to identify and log usage, as well as promote job listings on third party websites. We may collect information about the sites you visit before and after using our services, as well as your precise location through GPS if you have allowed us to do so. We also use cookies and other similar identifiers to recognize you and/or your devices across different services and devices.
We use this data to provide you with tailored content, relevant job listings, and more personalized services. We may also use this information for analytics and research to improve our services. We may share this information with third parties for advertising and other purposes. Your data is stored securely and we use industry-standard safeguards to protect your data from unauthorized access or use.
Please review our cookie policy available here.
Your Usage of the Services and How We Use Your Data
Points of departure
We use your data to provide, support, personalise, develop and continually improve our Services. The data that is used/how we use it depends on how you use the Services but generally it is utilised to provide you with a better, more relevant experience. For example by showing you better-matched jobs, companies recommendations in order to enhance your experience of the Services by reminding you to take particular actions.
The Services help Users looking for work to access and apply for job opportunities.
Using your location
We may also utilise your location in order to personalise the Services based on your proximity to things including job/education opportunities, other connections, partners etc. or to calculate things like commuting time to job locations.
Communications
Employers may wish to contact Users who have applied for jobs, for instance in order to conduct an interview, to obtain more information about an opportunity or a job application or to follow up on unanswered messages. The company may also contact you in this way in order to assist with and enhance the provision of the Services to our Users. This may include messages about how to best use the Services, reminders, job suggestions, training suggestions, promotional messages from our partners. and important service messages from us for instance with regards to updates to this policy, information about service disruptions, and any communications related to security.
Surveys, support requests and other forms of feedback
We constantly strive to improve the Services and to provide our Users and visitors a better experience. All data received from surveys and user feedback in any form will be utilised to further improve and develop the Services, driving User growth and engagement with the Services, with other people, and with opportunities. You are not obliged to respond to any surveys. When you submit support requests or correspond with the company seeking support we use your communications and other data to investigate, respond to and resolve complaints and Service issues (e.g., bugs).
Industry trends and insights
We may utilise aggregated, anonymised data about our Users and their usage of the Services in order to provide information and insights to our Users and other interested parties. This could include things like wage data, page views, job views, job/vacancy densities, job application numbers, skills requirements and related information.
We may also use your data to gain an insight into a user’s suitability to roles that users apply for, using information such as experience and qualifications referred to in any submitted CV or other document supporting an application you wish to make.
Sharing your information
To third-party service providers
We use third-party service providers to help us provide our Services to you (for example the facilitation of payments, [to enable voice and video calling], to store and process data, to analyse User behaviour etc.) Such third parties will only have access to such information as is necessary to perform their required tasks on our behalf. We shall only use such Services having determined that they have implemented appropriate safeguards for the protection of your data and interests and that in doing so we meet the compliance requirements of Data Protection Legislation...
Job aggregation and third-party platforms
The inploi platform hosts a large number of jobs from all over the world. Many of these job advertisements will be received by us from third parties, in an effort to provide you with the widest range of available opportunities and to give you a more complete view of what jobs are available for you to apply for.
User redirect
If you elect to apply for a third-party job you may be redirected from inploi to the service that we have received the job from. You may be asked whether you wish to create an inploi profile before being redirected. If you elect not to create a profile by you will be redirected immediately. If you choose to create an inploi profile you will be redirected once you have done so]. Having left the inploi Services, your relationship with any third-party site will in any event be governed by their policies and terms of use.
Automated off-site applications
Sometimes when you use inploi to access a job with an application process that is hosted outside of our platform we may be able to submit an application on your behalf. If this is possible, we will, as far as possible, use the information you have provided to us to complete the application for you. Where more information is needed you will be prompted to enter this.
Third-party registration and CV submission
In some cases, it will be necessary to register on a third-party site before we are able to complete an application for you. In these instances, we will use the data you have shared with us to create an account on your behalf. We will either use the email address you provided to us (as updated by you) or we will create one for you. Where it is necessary to submit a CV file we may use data provided by you in a CV file that you have uploaded. Your subsequent relationship with any such third-party and the management of any data shared with them shall be governed by their Privacy Policy and any Terms of Use.
When we’re legally required to
We may disclose information about you when doing so is required by law or if we believe that disclosure is necessary to investigate, prevent, or take action regarding suspected or actual illegal activities and/or to assist government enforcement agencies in these instances; to enforce our agreements with you; to investigate and defend ourselves against any third-party claims or allegations; to protect the security or integrity of our Services (such as by sharing with companies facing similar threats); or to exercise or protect the rights and safety of inploi, our Users, personnel, or others. We will notify Users about legal demands for their personal data when we consider it to be appropriate, unless such disclosure is prohibited by law or legal order or when the request is an emergency. We may at our discretion dispute such demands when we believe, that requests for any information are unwarranted, unnecessarily broad, vague, or lacking in proper authority.
In the event of a change of control or sale
We may share your personal data as part of a sale, merger or change in control of the company, or in the preparation for/negotiations around any of these events. Any other entity which buys the company, in part or in full, will have the right to continue to use your data. Any modifications to privacy practices will be dealt with in accordance with this Privacy Policy.
The entity which purchases the company or part of the company will have the right to continue to use your data, but will be in accordance with this Privacy Policy.
Controlling Your Personal Data
For the personal data that we possess, you are able to:
ask us to delete your personal data;
where we have made an account facility available for you and you have taken advantage of this, amend data, through your account. We can also amend data in some instances, upon your request; or
object or narrow the use of all or some of your personal data.
exercise all rights that you have as a data subject under Data Protection legislation (see our explanations below)
How long do we hold your data for?
We will retain certain of your personal data for as long as your account remains open on the Services. This includes data that you or others have provided to us and data generated via your usage of the Services. Even if you only use our Services periodically for instance when looking for a new job or when accessing information, we will retain your information and keep your profile open until you decide to close your account with us.
We will delete data that it is not essential for inploi to retain in accordance with our data retention policy a copy of which can be provided on request.
Account Closure
After you close your account, we do keep some of your data. We do this if it reasonably necessary to comply with our legal obligations (including obligations arising under contracts we have with employers, training providers and other third parties) and to meet regulatory requirements.
Your rights under the General Data Protection Regulation
We have put together a guide explaining the General Data Protection Regulation and what rights it confers to people, which is available here. This regulation gives data subjects specific rights, some of which are explicitly outlined below. If you wish to exercise any of these rights please write to us on privacy@inploi.com and we shall act upon your request was soon as is practicably possible, having considered your request in accordance with applicable laws.
Your right to access and/or obtain a copy of your data
You can ask us for confirmation about whether personal data concerning you is being processed, including requesting information about what it is, how it is processed, and for what purpose(s).
The right to rectification
You have the right to ask us to rectify any personal data held by us that may be inaccurate. As the majority of data we hold about you will have been provided by you and is editable by you it is likely that you will be able to rectify all data yourself via the Services. Our databases automatically update any Information you edit in your profile, or, in the case of information that you request we edit, as soon as possible when actioned by a member of the team.
The right to erasure
You can ask us to erase all or some of the personal data that we hold about you. In the event of such a request we will delete any of your personal data that we hold, will cease its further dissemination, and will take reasonable steps to halt any third parties who may have your data (obtained from their usage of the Services/ our usage of their Services in accordance with this policy) from processing your data and request its erasure.
The right to data portability
You can ask for a copy of any personal data that you have provided to us (and which we have retained). This will be provided in a commonly used machine-readable format.
The right to object to the use of your data
You have the right to ask us to stop using all or some of your personal data, or to limit our use of it. This for instance includes the use of your data for direct marketing purposes (and profiling to the extent that it is related to such marketing) or in cases where we have no legal right to hold and/or use it.
The right to notification of data breaches
In the event of any data breach that is deemed likely to result in a risk to your rights and freedoms we will notify the Information Commissioner's Office and take such further steps as necessary to mitigate any negative consequences for our Users. We shall endeavour, where in our judgement it is deemed to be appropriate, to inform you of any data breaches.
The right to lodge a complaint
You have the right to lodge a complaint with the supervisory authority in your state of residence, work, or in the region in which you believe that your rights have been infringed upon. In the United Kingdom this authority is the Information Commissioner's Office, further details of which can be found onhttps://ico.org.uk/.
Further Items
Children
inploi is directed towards individuals over the age of sixteen (16) and its use is expressly prohibited by any individuals under the age of thirteen (13). The Company is aware of the application of the Children’s Code and operates its data collection activities appropriately.
The protection of your data
Your inploi account is password-protected so that only you and authorised Company staff have access to your account. In order to maintain this protection, please do not give your password to anyone. We endeavour to ensure the protection of your information, for instance through using HTTPS and the regular monitoring of our system for vulnerabilities and attacks. Nevertheless, we do not warrant the security of any information that you send to us or that your create through your usage of the Services. We do not guarantee that data may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or organisational safeguards.
Third country data transfers
We utilise a number of cloud-based Services (including our servers) which may not be based in the country in which you are accessing the Services (or within the EU) and which may result in your data being transferred between various countries.
Countries in which we process or hold your data may have laws that are different to those of your own country and may not be regarded as providing protection to a standard deemed by the United Kingdom to be adequate... As far as is possible in these situations we undertake reasonable due diligence on the service provide concerned and will take steps to ensure that the processing of your data is safeguarded either through the inclusion of standard contractual clauses approved by the Information Commissioner’s Office in our contract with the third parties or through negotiated terms and conditions that provide appropriate protection.
As far as is possible we will seek to ensure that they contain protections equivalent to the those under the UK GDPR.
The services we use are summarised here with links to the service providers’ privacy notices.
Digital Ocean
https://www.digitalocean.com/legal/privacy-policy
Prismic
https://prismic.io/security
Accessibe
https://accessibe.com/privacy-policy
Direct marketing
In some instances, we may have data that has not been obtained directly from Users via the Services. This includes data that we may have obtained via third-party platforms through which you have provided your information, for example in applying for job opportunities distributed to our partner network or where our roles have been ‘scraped’ by others and you have applied via their Services. We may extract your information and contact you where we have a reasonable belief, based on the source of such data and the context of its acquisition, that you would have an interest in the Services we provide, and we have determined that informing you about the Services taking into account balance of interests would not be detrimental to you. All communications will clearly show that they are from us, include our address and contact details, and contain a clear opt-out / unsubscribe option. We will only use such data where we have a legitimate business interest to do so, taking into account the balance of interests having regard to your privacy, and where we reasonably believe that you would not be surprised to receive communications from us.
Legal bases for processing your data
We collect and process your personal data where we have a legal basis to do so. These lawful bases include:
Consent - where you have given your consent, generally by agreeing to be bound by our privacy policy and terms and having acknowledged that we have made available our cookies policy);
In the Performance of a Contract - to which you are a party (for example in our provision of the Services to you) or where inploi holds contracts with third parties where inploi is acting a Data Processor. In these cases inploi may have a contractual obligation to use your Personal Data in a way that you have consented to with the third-party; and where we (or a third-party) have a Legitimate Interest to do so (provided this is not overridden by your rights/interests).
When otherwise in our legitimate interests – this may include processing in order to provide the Services, for instance, enabling Users to have their personal information stored with inploi facilitating the making of future job applications and use in other ways that the inploi site may facilitate to connect and communicate with Employers, to protect you, us and others from fraud or other threats; to enable us to administer and improve our business and customer relationships;
in compliance with laws that we are bound by and to pursue our legal interests - and in effecting transactions that affect the ownership of our or other businesses.
We may also process your data for direct marketing where doing so is in our legitimate interests as a provider of recruitment Service and we have consider that you may be interested in the job opportunities or other information that we provide to you.. In such instances you will at all times be able to request that we do not contact you by unsubscribing from any communications.
Where we rely on your consent to process your data you have the right to withdraw this consent at any time and where we rely on legitimate interests you have a right to object as detailed above. In order to withdraw your consent for the processing of some or all of your data please adjust your settings, delete your account or contact privacy@inploi.com, as appropriate. We explain how to manage cookies in our cookie policy.
If you do not provide personal data
There are no statutory or contractual obligation placed on you to provide personal data to inploi. However, should you not provide the requisite information, inploi may not be able to provide certain aspects of our Service to you.
If you have concerns about our processing of your personal data
We provide below our contact details for personal data and other enquiries. You are welcome to use these at any time. However, should you wish to contact the Information Commissioner’s Office you are entitled to do so. Details can be found at www.ico.org.uk.
However we always welcome the chance to discuss with you in the first instance.
Closing Remarks
We hope that this policy has given you a concise, clear understanding of, amongst other things, what data we collect about you, how and why we utilise your data, and what rights you have with regards to your data. We take our obligations as a data controller seriously and endeavour to be compliant with the relevant legislation and ethical considerations at all times. If you have any questions, queries, complaints or wish to contact us about anything contained herein or otherwise related to matters of privacy and data security please do not hesitate to contact us at privacy@inploi.com or by post to: inploi, 19-23 Ironmonger Row, EC1V 3QW.
Cookie Policy
WHICH WEBSITES DOES THIS POLICY RELATE TO?
This policy should be referred to when visiting any of our websites. The policy applies domestically within the United Kingdom but also any other country in which we do business. Please remember that you may be referred to our website by third parties and this cookie policy is also relevant to you in such circumstances.
WHAT ARE COOKIES?
There are various technology applications (we collectively call them “Cookies” for the purpose of this policy) that we may use in order to enhance your experience in visiting our website and to help us to analyse information about our website visitors that may inform the further development of our services. Applicable technologies which store or provide access to information stored in your devices including APIs, web beacons, plug ins, and fingerprinting technologies (enabling the identification and website tracking of a device).Cookies consist of data files placed on your computer or other devices in the course of a browsing session. A cookie may log the access that your device has obtained when you access our websites and may also provide us with information when visiting other sites that have accepted information requests from us. A cookie may have validity only for the duration of your visit (“session cookies”) or they can be retained and will log and report information on your use of the relevant website for a longer period of time (“persistent cookies”).
WHAT DO WE USE COOKIES FOR?
These will be necessary in order to personalise content such as recommending jobs, tailor and measure ads, and maintain the security of our application.We will also use cookies to measure activity and engagement of visitors to our sites, and to provide data and statistics on how our website and services are used. This data is collected on an aggregated basis meaning that we do not analyse individual User activity for these purposes.Please be aware that cookies used for these purposes are deployed automatically when you access the website. If you wish to use our sites you cannot opt out of these cookies.
When you give us consent to place cookies we will be doing so for purposes as follows:
To improve the quality of our services and develop new ones; andEnable special website features such as widgets or embedded media files for example. These website features are not essential to the operation of the website but are intended to enhance user experience. They also allow us to develop and test new website features.This includes cookies used to present content in a personalised manner based on your interests, preferences or location.We also use cookies to help us deliver online advertising that we believe is most relevant to you on our websites and third-party websites, including on social media such as Facebook, Instagram or Google. These types of cookies may collect information about your online attributes or behaviour, such as your device identifier and/or IP address, the website you arrived from and information about your browsing history.
To help us to deliver opportunities that are most relevant to you, we may also combine data we collect through cookies in the browser of your desktop computer or other devices with other data that we have collected relating to you.Some cookies can tell us if you have seen a specific advert, and when you saw it. This information allows us to measure the effectiveness of our online advertising campaigns and control the number of times you are shown an advert.We also use cookies to measure the effectiveness of our marketing communications, for example by telling us if you have opened a marketing email that we have sent.
WHAT IF YOU DON’T WANT NON-ESSENTIAL COOKIES TO BE USED?
You can continue to use our website and complete transactions without consenting to cookies, but if you do this some website functionality may be impaired.Note - if you have already consented to cookies on our website, you can change your preferences by clearing cookies from your browser and re-entering our site. This will cause the pop-up banner to re-display and you can choose to use the site without consenting to cookies.
You can also disable cookies by changing your website browser settings to reject cookies. How you can do this will depend on the browser you use.
For Microsoft Internet Explorer:
- Choose the menu “tools” then select “Internet Options”
- Click on the “privacy” tab
- Select the setting the appropriate setting
For Microsoft Edge:
- Choose “Settings”
- Select “Cookies and site permissions”
- Click “Manage and delete cookies and site data”
- Choose “Settings”> “Advanced”
- Under "Privacy and security," click “Content settings”
- Click “Cookies”
For Safari:
- Choose Preferences > Privacy
- Click on “Remove all Website Data”
- Choose the menu “tools” then “Options”
- Click on the icon “privacy”
- Find the menu “cookie” and select the relevant options
- Choose the menu Files”> “Preferences”Privacy
Cookie type: Essential
Key purposes:
These cookies are important to the functioning including the display of information that you will be expecting to see on your visits to the website. For this reason they cannot be set to off.
We use these cookies in connection with certain functioning of the website which includes:
Setting language and directing a user to the requested part of the site
User recognition and, within a session, the session ID and Log-in details to enable transfer of data to and from the relevant server.
To support the User experience
To assess what device you are using, its technical requirements and registering the required presentation format for pages visited
To assist in moving from page to page within the website
Managing consents such as website data collection preferences so we can honour them if you return to our site.
To provide appropriate security functions including:
User authentication
BOT attack prevention
Visitor prioritisation
Performance optimisation
Cookie type: Functional
Key purposes:
Cookies of this kind aim to assist you in your use of the site looking to ensure that you find the website easy to navigate. They provide support in ways that allow you to revisit pages previously visited and to bookmark information and searches.
If you disable these cookies certain aspects of the website will not work as intended.
These cookies are used for various functions to improve your browsing experiences, including:
To communicate with us via live chat
To enable our web accessibility widget
To enhance your job search and application experience
Cookie type: Personalisation
Key purposes:
It is important for us to understand your interests and to help you navigate to the information provided through the website that is particularly relevant to you. Cookies in this category provide us with the necessary information to provide you with relevant information. Should these cookies be disabled, the website will not serve information specific to yourself and your interests. You will see a generic version of the website, rather than content which is more relevant to you.
These cookies are used for various functions to tailor our website to your preferences and interests, including:
We may serve you personalised content based on the actions you take or pages you visit on our site.
to ensure we know your identity as a visitor to the site
Cookie type: Analytics
Key purposes:
As part of our commitment to constantly improve the quality of the services we provide, we collect data that can be used in aggregated form to allow us to carry out statistical analysis. Cookies of this kind collect information relating to, for example, visitor numbers to our website and the number of people visiting specific pages (making them particularly popular).
Should these cookies be disabled we receive less information that can support improvements to the website. We collect information about which pages you visit to help us present more relevant information and to monitor and improve the performance of our applications and services
Data Agreement
Data processing agreement in connection with the provision of services by inploi
INTRODUCTION
A) inploi Limited (“inploi”) is a provider of online products and services that support employers seeking to advertise job opportunities and/or undertake recruitment campaigns, offering a dedicated landing point and application experiences for individuals interested in work and career opportunities.
(B) inploi and the Controller have entered into a contract (the “Services Contract”) which comprises the terms and conditions of business of inploi and one or more Order Forms under which inploi is to provide Services to the Controller. In order to assure the lawful performance of the Services Contract inploi is required to facilitate the procurement and the processing of personal data which is then made available to the Controller.
(C) This Agreement sets out the framework for the procuring of personal data by inploi on behalf of the Controller in connection with the Agreed Purpose when providing services under the Services Contract.
(D) The Parties acknowledge that for the purposes of the Data Protection Law, the Company is the data “Controller” and inploi is the data “Processor”.
INTERPRETATION
Article
an article of the UK GDPR
Chapter
a chapter of the UK GDPR
Data Protection Law
the Data Protection Act 2018 to the extent that it relates to processing of personal data and privacy;
the Privacy and Electronic Communication (EC Directive) Regulations 2003; and
the retained EU law version of the General Data Protection Regulation (Regulation (EU) 2016/679) (“UK GDPR”),
each as amended and updated from time to time.
Domestic Law
the law of the United Kingdom or a part of the United Kingdom.
1.2. The terms “personal data”, “data subject”, “processor”, “controller”, “processing”, “personal data breach”, “pseudonymisation” and “supervisory authority” will have the meanings given them by Data Protection Law. The term “special category data” shall mean the personal data referred to in paragraph 1 of Article 9.
1.3. Unless the context otherwise requires references to persons shall include natural persons, bodies corporate, unincorporated associations, governments, states, trusts and partnerships, in each case whether or not having a separate legal personality. References to the word “include” or “including” are to be construed without limitation.
1.4. References to Schedules and Clauses are to the schedules and clauses of this Agreement unless otherwise specified.
1.5. References in this Agreement to any statute, statutory provision or EC Directive (“legislation”) include a reference to that legislation as amended, extended, consolidated or replaced from time to time and include any former legislation which it re-enacts, consolidates or replaces and any order, regulation, instrument or other subordinate legislation made under the relevant legislation.
1.6. Any reference to “writing” or “written” includes faxes but does not include e-mail or any other electronic format.
GENERAL
2.1. Schedule 1 (Data Sharing Details) describes the subject matter, duration, nature and purpose of processing and the personal data categories and data subject types in respect of which inploi may process to fulfil its obligations under the Services Contract.
2.2 Whenever inploi processes personal data on the Controller’s behalf:
2.2.1 the Controller shall be the controller and inploi shall be the processor in respect of such personal data; and
2.2.2 inploi shall only process such personal data on the Controller’s documented instructions except insofar as required to do otherwise by Data Protection Law.
2.3. inploi shall inform the Controller on becoming aware of:
2.3.1. any requirement of Applicable Law which requires inploi to process personal data otherwise than on the Controller’s documented instructions, unless the Applicable Law prohibits such information on important grounds of public interest; or
2.3.2. any instruction from the Controller in relation to the processing of personal data which, in inploi’s reasonable opinion, infringes Data Protection Law.
2.4. The Controller will ensure that it has all necessary appropriate consents and notices in place to enable the lawful collection of personal data by inploi on behalf of the Controller for the duration and purposes of and in accordance with the Services Contract.
DATA PROCESSOR OBLIGATIONS
3.3.1. to process, use or disclose the Personal Data:
3.3.1.1. only to the extent and in such manner as is necessary to for the purpose(s) specified in the Schedule to this Agreement, or
3.3.1.2. where required by Domestic Law to otherwise process that Personal Data. Where inploi is relying on Domestic Law as the basis for processing Personal Data, inploi shall notify the Controller as soon as reasonably practicable of this before performing the processing required by Domestic Law, unless the Domestic Law prohibits inploi from so notifying the Controller.
3.3.2. to ensure that it has in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, personal 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;
3.3.3. to ensure that all Personal Data is kept confidential and that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
3.3.4. to reasonably assist the Controller in performing impact assessments and consultations with supervising authorities and regulators;
3.3.5. to maintain complete and accurate records and information to demonstrate its compliance with this Agreement and allow for audits by the Controller or the Controller’s designated auditor;
3.3.6. to notify the Controller of the name and contact details of its data protection officer if it has appointed one in accordance with Data Protection Law; and
3.3.7. to promptly provide the Controller with notice and full details of any compensation claim that it receives from any person relating to processing of Personal Data, and to not make any admission of liability and not agree any settlement or compromise of the relevant claim without the Controller’s prior written consent (the Controller acting reasonably and timeously in considering and where appropriate providing that consent), and to consult fully with the Controller prior to taking any action.
SECURITY
4.1. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk to the rights and freedoms of natural persons, Inploi shall implement and maintain appropriate technical and organisational measures to ensure a level of security appropriate to the risk including (as appropriate):
4.1.1. the pseudonymisation and encryption of personal data;
4.1.2. inploi’s ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;
4.1.3. inploi’s ability to restore the availability and accessibility of personal data in a timely manner in the event of a physical or technical incident;
4.1.4. a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing; and
4.1.5. providing any assistance that the Controller reasonably requires in order for it to implement appropriate technical and organisational measures to protect its personal data.
4.2. In assessing the appropriate level of security measures to be taken under Clause 4.1 (Security) above, inploi shall take account of the risks that are presented by the processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed.
4.3. inploi shall ensure that its employees, and any other persons with access to personal data inploi processes on the Controller’s behalf are made aware of their data protection and security obligations and are subject to binding obligations of confidentiality and have undertaken the necessary training in relation to handling personal data.
SUB-PROCESSING
inploi shall be entitled to engage another person to process any of the Controller’s personal data (each a “sub-processor”). Where inploi engages a sub-processor, inploi shall:
5.1. inform the Controller of any intended changes concerning the addition or replacement of any sub-processor (and allow the Controller reasonable opportunity to object to such change);
5.2. ensure that its sub-processor(s) are engaged on terms equivalent to those to which inploi is itself subject under this Agreement (and any other confidentiality or similar obligations or agreements between inploi and the Controller);
5.3. ensure that any sub-processor provides sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of Data Protection Law (including the requirements relating to security, integrity and confidentiality); and
5.4. where a sub-processor fails to fulfil its data protection or confidentiality obligations, remain fully liable to the Controller for the performance of (or failure to perform) those obligations.
REQUESTS FROM DATA SUBJECTS AND SUPERVISORY AUTHORITIES
If a data subject makes a request relating to the exercise of his or her legal rights in relation to personal data, inploi shall, at the Controller’s cost, provide the Controller with any information and assistance reasonably required by the Controller in order to respond to requests for exercising the data subject’s rights laid down in Chapter III.
PERSONAL DATA BREACHES AND NOTIFICATION
If inploi becomes aware of a personal data breach relating to any personal data processed on the Controller’s behalf, inploi shall notify the Controller within 48 hours of becoming aware of the breach and thereafter provide details of the nature of the personal data breach and shall provide the Controller with such information and assistance as it requires in relation to the personal data breach at the Controller’s cost.
PRIVACY IMPACT ASSESSMENTS
Taking into account the nature of the processing and the information available to inploi, inploi shall, at the Controller’s cost, provide the Controller with such information and assistance as the Controller reasonably requires in order to:
8.1. carry out any privacy impact assessments (under Article 35);
8.2. consult with a supervisory authority prior to processing (under Article 36); and/or
8.3. meet any obligations under Data Protection Law which derive from the activities described in Clauses 8.1 and 8.2 (Privacy Impact Assessments) above.
DELETION AND RETURN OF DATA
After completing any processing of personal data on the Controller’s behalf, inploi shall (at the Controller’s option) delete or return all such personal data (and any copies of the same), unless inploi is required to store such copies to comply with a requirement imposed by Applicable Law (in which case inploi may store such copies to the extent necessary to meet that requirement). Where inploi is required to delete personal data, to the extent that it is not practical for inploi to do so immediately, inploi shall do so as soon as possible, and in the meantime shall ensure appropriate safeguards are put in place and the data is not retained for a longer period than is appropriate and in any event not longer than the duration of the Services Contract.
CROSS-BORDER TRANSFERS OF PERSONAL DATA
10.1. inploi shall not transfer any of the Controller’s personal data outside of the UK or the EEA without having the Controller’s prior written consent to that transfer and either:
10.1.1. the UK government having decided that country, territory or organisation ensures adequate protection under Article 45; or
10.1.2. having other appropriate safeguards in place (as set out in Article 46); or
10.1.3. one or more of the derogations in Article 49 applies.
10.2. For the avoidance of doubt, nothing in this Agreement shall permit the transfer of personal data to any sub-processors located outside the UK or the EEA, unless expressly agreed in writing by the Parties.
AUDITS
TERM AND TERMINATION
12.1. This Agreement will remain in full force and effect so long as:
12.1.1. the Services Contract remains in effect; or
12.1.2. inploi retains any of the personal data related to the Services Contract in its possession (“Term”).
12.2. Any provision of this Agreement that expressly or by implication should come into or continue in force on or after termination of the Services Contract in order to protect the personal data will remain in full force and effect.
12.3. If a change in any Data Protection Law prevents either party from fulfilling all or part of its Services Contract obligations, the parties may agree to suspend the processing of the personal data until that processing complies with the new requirements. If the parties are unable to bring the personal data processing into compliance with the Data Protection Law within thirty (30) days, either party may terminate the Services Contract with immediate effect on written notice to the other party.
INDEMNIFICATION AND LIABILITY
13.1. inploi agrees to indemnify, keep indemnified and defend at its own expense the Controller against all costs, claims, damages or expenses incurred by the Controller or for which the Controller may become liable due to any failure by inploi or its employees, subcontractors or agents to comply with any of its obligations under this Agreement and/or the Data Protection Law.
13.2. Any limitation of liability set forth in the Services Contract will not apply to this Agreement’s indemnity or reimbursement obligations.
13.3. Subject to clause 13.4 (Liabilities that cannot be limited) the indemnity by inploi under clause 13.1 (Indemnification and Liability) shall be limited to the total amount paid or payable under the Service Contract in respect of any single occurrence of a breach that may arise and to which the indemnity applies.
13.4. Nothing in this Agreement limits any liability which cannot legally be limited, including but not limited to liability for:
13.4.1. death or personal injury caused by negligence;
13.4.2. fraud or fraudulent misrepresentation; and
13.4.3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
GENERAL
Conflict
14.1. If there is an inconsistency between any of the provisions of this Agreement and the provisions of:
14.1.1. the Services Contract; or
14.1.2. any later agreement (including an Order Form as defined in the Services Contract) entered into between the parties in relation to matters of data protection, the provisions of this Agreement shall remain in force and take priority. This Clause 14.1 (Conflict) shall apply unless any such later agreement is in writing and expressly and specifically:
14.1.2.1. refers to this Agreement; and
14.1.2.2. states how it is to be superseded, extinguished or varied.
These requirements shall not be satisfied by such later agreements simply stating that they supersede or extinguish earlier agreements, statements or representations between the parties.
Notices
14.2. Any notice or other communication given to a party under or in connection with this Agreement must be in writing and delivered to:
For the Controller: the Company Secretary
For inploi: Daniella Willberg
14.3. Clause 14.2 (Notices) does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
Variation
14.4. No variation of this Agreement shall be of any effect unless it is agreed in writing and signed by or on behalf of each party.
Third Party Rights
14.5. No third party shall have the right to enforce any provision of this Agreement pursuant to the Contracts (Rights of Third Parties) Act 1999.
Waiver
14.6. No waiver of any right or remedy under this Agreement shall be deemed to be a waiver of any subsequent or other right or remedy and no failure to exercise or delay in exercising any right or remedy under this Agreement shall constitute a waiver of that right or remedy. No single or partial exercise of any such right or remedy shall preclude or impair any other or further exercise of it or the exercise of any other right or remedy provided by law or under this Agreement.
Invalidity
14.7. If any provision is or becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired by it and the provision shall apply with such deletions as are necessary to make it legal, valid and enforceable. If any provision or part-provision is deemed deleted under this Clause, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
Entire Agreement
14.8. This Agreement constitutes the entire agreement between the parties relating to its subject matter and supersedes and extinguishes any drafts, agreements, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, between the parties in connection with the subject matter of this Agreement. Each of the parties acknowledges and agrees that in entering into this Agreement it does not rely on, and shall have no remedy in respect of, any undertaking, promise, assurance, statement, representation (whether innocent or negligent), warranty or understanding (whether in writing or not) or any person (whether party to this Agreement or not) other than as expressly set out in this Agreement.
Execution in Counterparts
14.9. This agreement may be executed in two counterparts, each of which shall constitute a duplicate original, but both counterparts shall together constitute the one agreement.
14.10. Transmission of the executed signature page of a counterpart of this agreement by email (in .PDF format) shall take effect as the transmission of an executed "wet-ink" counterpart of this agreement. If this method of transmission is adopted, without prejudice to the validity of the agreement thus made, each party shall on request promptly provide the other with the "wet ink" hard copy original of their counterpart.
14.11. No counterpart shall be effective until each party has provided to the other party at least one executed counterpart.
Governing Law and Jurisdiction
14.12. This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England. Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any such dispute or claim.
SCHEDULE 1
Data Sharing Details
Agreed Purpose of the Processing, Subject Matter and Duration
1.1. Agreed Purpose:
1.1.1. The facilitation of the introduction of individuals expressing interest in work and career opportunities with the Controller for the duration of the Services Contract or up until the Controller hires the applicant (whichever is earlier).
1.1.2. inploi shall process anonymised Personal Data on an aggregated basis to improve its services.
1.2. Subject Matter:
1.2.1. The subject matter of the processing under this Agreement is the candidate’s Personal Data.
1.3. Durations:
1.3.1. The duration of the processing shall be for the term of the Services Contract.
Categories of Personal Data to be Processed
2.1. Personal Data includes the following categories of personal data:
2.1.1. Name (first and last)
2.1.2. Email address
2.1.3. Telephone number
2.1.4. Home address/location data including postcode
2.1.5. Job/Work preferences
2.1.6. Resume/CV files and/or data
2.1.7. User behaviour
2.1.8. Uploaded images and videos
2.1.9. Tracking information relating to the data subject's site visit
Categories of Data Subjects
3.1. Prospective candidates seeking work and career opportunities with the Company
4. Lawful Grounds for Processing
4.1. Legitimate interest.
Single Point of Contact
5.1. As defined in the Order form.
Terms and Conditions
These terms and conditions (“the Terms”) were last updated on 11th November 2024.
Introduction
Who we are:
How we will refer to you:
When these terms will apply:
Application of the agreed terms:
Our commitments to you
Talent Attraction
6.1. In consideration of the agreement of inploi to undertake to act as agent for the Company in relation to the procurement of media advertising placement, you agree to provide advance payment (to be held by inploi in a client account as agent for the Company) of amounts comprising a Talent Attraction Marketing Budget to be committed by inploi in the course of the provision of the Talent Attraction Service by such dates as inploi specify. Any delay in the receipt of any funds due under this sub-clause may delay or cause inploi (at its complete discretion) to cancel any proposed marketing activity.
6.2. Decisions relating to the allocation of any Talent Attraction Marketing Budget are (unless expressly required by the Company and confirmed in writing to inploi) at the discretion of inploi exercisable with due care having regard to the Company’s recruitment objectives that inploi is aware of.
6.3. Subject to any rights of the Company to terminate the Contract or an individual Order Form, the Company shall not for so long as the Talent Attraction Service is being provided withdraw the authority of inploi to act as its agent in relation to the procurement of media advertising placement.
Your obligations to inploi
inploi's use of third-party content
8.2. inploi shall not be responsible or liable for Third Party Content in any way. inploi warrants and represents that it has all such licenses and consents as necessary to use and allow the Company to use the Third Party Content to the extent necessary for inploi to perform, and the Company to enjoy the benefit of, the Services.
Intellectual property
Use of each other's confidential information
Privacy and data protection
Fees and invoicing for our services:
Duration and termination
Indemnity:
Limitation of liability
Dispute resolution:
Miscellaneous
Jurisdiction
Appendix 1
A number of definitions are used in the Terms, as follows:
Additional Support
means support that is provided at the request of the Company by inploi which is additional to the allocated quota of Standard Support made available to the Company per month. For the avoidance of doubt, hours of Standard Support constitutes all hours of work, whether face-to-face or offline, commissioned by the Company or performed by inploi in the normal course of business in relation to the services contemplated by this Agreement. Hours of corrective work spent rectifying errors, defects or issues in the services that arise from causes not attributable to or outside the control of the Company shall be performed at no cost to the Company. inploi shall record and, upon request, demonstrate all hours of billable work to the Company before billing.
Additional Support Charge Rate
the hourly charge rates applicable to the provision of Additional Support (being hours of support in excess of the contact hours referred to in the Assumptions section of the Order Form) subject to any subsequent revision to such rates published by inploi as provided for by clause 11.6 of the Terms.
Subscription Fee
the fee payable periodically by the Company to inploi in respect of the provision of the Services as described in the Order Details part of any Order Form under which this Service is provided;
Set up Fee
the fee payable by the Company to inploi and described as the “Set Up Fee” in the Order Details part of an Order Form;
Talent Attraction Marketing Budget
amounts agreed between the Parties from time to time to be made available (and payable in advance provided that the same is paid into inploi’s client account) under the Terms or any relevant Order Form;
Company Content
comprises all material in digital or hard copy form supplied to inploi by or on behalf of the Company for use by inploi in connection with the performance of the Services;
Confidential Information
the terms of the Contract between us including all Order Forms and all confidential information (however recorded or preserved) disclosed by a Party or its Representatives (as defined below) to the other Party and that Party’s Representatives whether before or after the date the Contract is entered into in connection with the provision of the Services including but not limited to:
(a) any proposal to provide Services or a proposal provided in response to a request for further Services;
(b) any proposal to undertake any variation including but not limited to Enhancements to the Services not requiring amendment to the Terms;
(c) any information that would be regarded as confidential by a reasonable business person relating to:
(i) the business, assets, affairs, customers, clients, suppliers, or plans, intentions, or market opportunities of the disclosing Party; and
(ii) the operations, processes, product information, know-how, designs, trade secrets or software of the disclosing Party; and
(d)any information developed by either of the Parties in the course of the provision and receipt of the Services under the Contract
Connected Entity
any Party identified in an Order Form that is to be a recipient of Services in addition to the Company;
Created Content
comprises all material in digital or hard copy form (not being inploi Content) created by inploi (or by a third party on behalf of the inploi) including any modifications to Company Content specifically in connection with Services delivered or the Contract and updates and amendments of these items including the content (but not unless specifically developed to meet a requirement of the Company) the format of all reports provided to the Company;
Data Addendum
An addendum to entered into between the Parties specifically governing the procurement, storage, processing, and related management of personal data between the Parties, as contemplated under and in compliance with the Data Protection Law;
Data Protection Law
all applicable data protection and privacy laws and regulations in force from time to time in the UK including the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR); the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to a Party;
Documentation
the product specifications, integration specifications, administration guides and user manuals concerning the Services and functionality, that may be licensed for use by the Company in connection with the provision of the Services and which may be provided in hard copy and/or digital formats;
Enhancements
any changes, updates, upgrades, releases, fixes customizations, additions, translations, improvements or modifications made to, or derivative works created from, the Services or inploi Content;
Feedback
ideas, comments, translations, or suggestions relating to the Services or inploi Content provided by the Company to inploi;
Force Majeure Event
any circumstance not within a Party’s reasonable control including, without limitation:
(i) acts of God, flood, drought, earthquake or other natural disaster;
(ii) epidemic or pandemic including any consequential circumstances including governmental action at national, regional or local level;
(iii) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
(iv) nuclear, chemical or biological contamination or sonic boom;
(v) any law or any action taken by a government or public authority (not within the scope of action referred to at (ii) above), including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
(vi) collapse of buildings, fire, explosion or accident;
(vii) any labour or trade dispute, strikes, industrial action or lockouts, except for action or lockout restricted to inploi’s staff only;
(viii) non-performance by suppliers or subcontractors;
(ix) interruption or failure of utility service including any inability to access the internet whether directly through its unavailability for a material period of time or as consequence of the failure for a material time of a utility service;
(x) disruption to, suspension of or non-availability for any other reason to any data centre required to be accessed in the course of the provision of the Services,
provided that any inability to make payment of monies due under this Contract or any other agreement whether between the Parties or with any third party shall not constitute a circumstance of force majeure unless the reason for the non-payment is any technical failure of a payment system routinely used by the Party liable to make the payment;
inploi Content
comprises all material in digital or hard copy form used or made available by inploi in the course of the performance of the Services and Documentation including Enhancements, excluding Third Party Content, Company Content, or Created Content;
Intellectual Property Rights
all intellectual property rights, whether those rights happen to be registered or not, and wherever in the world those rights may exist, including but not limited to associated Confidential Information, copyrights, data-base rights, trade secrets, trademarks and rights associated with any service or product brands, patents, inventions, designs and know-how;
Licenced IP
any Intellectual Property Right procured by inploi and incorporated into any Created Content
Order Form
a form in which the Parties agree which of the Services are contracted for by the Company, the details of those Services that are to be provided and the applicable prices, assumptions affecting the setting by inploi of any fee payable under the contract, payment conditions, and scope of use of the Services;
Personal Data
any data or information that constitutes personal data under any applicable Data Protection Laws;
Representatives
in relation to a Party, its employees, officers, representatives, contractors, subcontractors and advisers;
Security Breach
a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data and/or Confidential Information;
Standard Support
the rendering of assistance and recommendations concerning the use of any of the Services given by inploi to the Company provided during usual Support Hours on Working Days;
Support Hours
on each Working Day the hours between 9:00 and 17:00;
Third Party Content
third party software, programs, applications or products, of which the Intellectual Property Rights and control rest with the third party, and which are licensed to inploi for use by inploi to the extent necessary for inploi to perform, and the Company to enjoy the benefit of the Services;
Training
a service consisting of a form of knowledge transfer, with the purpose of getting Users acquainted with the functionality and the proper usage of it, and to ensure that the Service are used in accordance with the Documentation (where available) or as intended;
User
a person under the responsibility of the Company, who has been given access to the functionality with the Company’s consent or authority;
Virus
any thing or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or adversely affect the user experience, including worms, trojan horses, viruses and other similar things or devices;
Working Days
means Monday to Friday excluding any Bank and Statutory holidays in England.
Appendix 2
The following rules of interpretation are agreed to be implied in the interpretation of the Terms:
Clause and paragraph headings shall not affect the interpretation of the Terms.
The Annexes form part of the Terms and shall have effect as if set out in full in the body of the Terms. Any reference to the Terms includes the Annexes.
A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established and such references shall refer where the context requires to any entities identified in the Order Form as referred to in clause 4.1 of the Terms.
Unless the context requires otherwise, words in the singular include the plural and in the plural shall include the singular.
Unless the context requires otherwise, a reference to one gender shall include a reference to the other genders.
A reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time.
A reference to legislation or a legislative provision shall include all subordinate legislation made from time to time.
A reference to writing or written includes email
References to clauses and Annexes are to the clauses and Annexes of the Terms and references to paragraphs are to paragraphs of the relevant schedule.
Any words following the terms including, include, in particular, for example or any other similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or terms preceding those terms.