Terms of use of the Guiton Group Jobfinder Job Database and the related Website
1. General
The present Terms apply to users (‘Jobseekers’) who register and maintain their Profiles and CVs on the Guiton Group JobFinder Website (‘the Website’) with the intention of matching their skills to those specified by Recruiters in their Job Adverts that are uploaded onto the Website. These Terms should be read in conjunction with other terms that relate to other areas of the thisisguernsey website and that can be found here: http://www.thisisguernsey.com/terms-of-website-use/
By clicking 'I accept' when registering as a Jobseeker, you agree to the following:
'As a Jobseeker using the JobFinder CV Matching service, you confirm and declare that you have read, understood and accepted the present Terms and that you will use the Job Database and the Website in accordance with these Terms'.
It may become necessary to amend the present Terms, e.g. due to legislative amendments, for which reason the Data Controller of the Job Database reserves the right to make amendments to these Terms. In the event of amendments, the 'Updated on' date at the bottom of the document will be changed. In the event of material amendments, the Jobseeker will be notified on the Job Database website. All Jobseekers are urged to check whether the Terms have been amended on a regular basis.
The Terms apply to all Jobseekers who have registered with the Website and accepted the Terms.
2. The Job Database
The JobFinder CV Matching service is built around a ‘Job Database’. This Job Database and the related systems have been developed by and are owned by MatchWork World Wide A/S. MatchWork World Wide A/S is an international group engaged in the development of systems intended for Jobseekers and Recruiters to meet through the Internet. On the basis of CVs and job adverts entered into the Job Database by Jobseekers and Recruiters, respectively. MatchWork World Wide A/S facilitates contact between the parties by means of end-user to end-user technology. The use of this technology means that Jobseekers and Recruiters are not matched manually. The system matches them electronically and automatically on the basis of the information entered by the parties.
MatchWork World Wide A/S cooperates with a number of national subsidiaries and with various partners. Through this cooperation, such partners obtain access to use MatchWork World Wide A/S systems and thus provide Jobseekers with access to the Job Database.
3. Processing of personal data
When a Jobseeker registers with the Job Database, they voluntarily provide personal data which is registered in the Job Database.
Personal data is only provided and registered for the purpose of matching Jobseekers and Recruiters.
The Data Controller for the purposes of Data Protection legislation, is the Guernsey Press Company Limited. It is important to the Data Controller that Jobseeker’s personal data is kept safely and confidentially, just as it is important to always act in agreement with the law on the protection of personal data.
The Data Controller of the Guiton Group JobFinder Website Job Database is:
The Guernsey Press Company Limited
PO Box 57
Braye Road
Vale
Guernsey
GY1 3BW
The Data Processor of the Guiton Group JobFinder Website Job Database is:
MatchWork World Wide A/S
Company reg. no. 19 42 99 03
Gladsaxe Møllevej 26
2860 Søborg, Denmark
Tel. +45 36 95 95 95
Fax +45 36 95 95 37
E-mail:matchwork@matchwork.com
3.1. Which types of personal data are provided by Jobseekers
Personal data includes, contact details, name, address, e-mail address as well as any information regarding education, job experience etc.
A Jobseeker is advised to only provide such information as is necessary for the fulfilment of the purpose of the Job Database. Thus, Jobseekers using the Job Database are advised not to provide sensitive personal data, e.g. regarding race, religion, political affiliation, trade union membership, health information, sexual orientation etc.
3.2. Consent for the processing of personal data
In providing personal data, the Jobseeker expressly consents to such information being used by the Data Controller and the Data Processor for the purpose of matching Jobseekers and Recruiters.
Furthermore, the Data Controller and the Data Processor are entitled to use such personal data anonymously, e.g. for statistics and comparisons. Personal data is not used for market analyses, marketing or other purposes unless the Jobseeker has given express consent thereto.
3.3. Disclosure of personal data
Information attributable to a person, i.e. information which can identify the identity of the Jobseeker, forms part of the CV; however, it is only made visible to Recruiters once actively released by the Jobseeker. This means that the Jobseeker must consent to the disclosure of such data to a Recruiter on a case-by-case basis.
When using the Job Database, Jobseekers consent to their personal data being disclosed within the MatchWork World Wide A/S Group. Furthermore, they accept that personal data may be submitted to Recruiters in countries outside of Jersey and the EU. Personal data will only be disclosed within the MatchWork World Wide A/S Group or to a third party in a country outside of Jersey or the EU for the purpose of matching Jobseekers with relevant Recruiters.
Apart from the above situations, the Data Controller will only disclose personal information to any other third party if this is required in order to comply with relevant law.
When personal data is disclosed to a Recruiter on the basis of an express consent, the Recruiter in question will be responsible for processing the personal data in accordance with the law.
3.4. Access to/editing of personal data
In the event that Jobseekers wish to edit, deactivate or delete their CVs, including personal data, this can be done at any time using their unique individual username and password.
Personal data is only kept in the Job Database for as long as the Jobseeker so wishes. If a Jobseeker has not been logged on for eighteen months, his or her personal data will be deleted automatically.
Jobseekers are entitled to request information on which personal data the Data Controller has registered about them up to two times a year. An administration charge may be made. For this purpose, please write to the Data Controller specified in Clause 3 above.
The Data Controller can also be contacted with regard to enquiries about the processing of personal data or if the Jobseeker would like his or her personal data to be changed or deleted.
Generally, the Data Controller and the Data Processor will not edit or change the data provided. If a CV has been entered in another language, the system will automatically translate the table text to the relevant languages in order to make it possible to match the parties. Furthermore, the Data Controller reserves the right to delete overtly false and/or offensive information without prior notification.
3.5. Cookies
The Job Database Website uses cookies. Cookies are digital pieces of information stored on the user’s hard disk. A cookie will not identify the individual users, but only the PC used by the Jobseeker for visiting the Website. A cookie recognises a computer as a Jobseeker when the Website is accessed. The purpose of cookies is to use the information for the preparation of statistics etc. Such statistics are, among other things, used for improving the Website and the Job Database.
3.6. Data security
All personal data is protected by a username and a password. A Jobseeker can gain access to or edit their own data by using their individual usernames and passwords.
Over and above the Jobseekers, it is only the Data Controller and the Data Processor who have access to the registered information.
All data processing carried out by the MatchWork World Wide A/S Group takes place at a location in Denmark with the highest possible security clearance. This also applies to data communication internally in the MatchWork World Wide A/S Group, where an encrypted tunnel and a firewall are in place.
The server containing MatchWork World Wide A/S's systems, including the Job Database, is located in a locked room. Access to this room is restricted to a minimum number of people, regardless of whether the server is located in the premises of MatchWork World Wide A/S or in the premises of a third party in connection with data processing and/or other technical support. Physical access to the server is restricted to people directly involved in work on access to the Internet. This means that only a few of MatchWork World Wide A/S's employees have physical access to the server and thus the information stored in the Job Database. All these employees have signed binding confidentiality agreements in respect of the information in the Job Database. Access to the server room is further restricted by personal and individual key cards with PIN codes.
The building is protected by a UPS system (Uninterruptible Power Supply) and equipped with fire monitoring and alarm systems.
The technological infrastructure of the system is based on a Microsoft platform, and is as far as possible protected by a firewall against attacks from the outside.
4. Registration and password
When registering as a Jobseeker in the Job Database, the Jobseeker will be provided with a unique individual username and a password, after which time the Jobseeker’s own data can only be accessed by means of their username and password.
All Jobseekers are responsible for keeping their own username and password confidential. Jobseekers are also responsible for any use of their profile and that all such use complies with the legitimate purpose of the Job Database.
Jobseekers undertake to immediately inform the Data Controller or the Data Processor of any unauthorised use of their username or password or the risk thereof.
5. Purpose of using the Job Database
The Job Database may only be used for lawful purposes by Jobseekers looking for jobs and information on career opportunities and by Recruiters looking for employees.
Jobseekers using the Job Database undertake not to provide any incomplete, incorrect or inaccurate information that is not in agreement with their correct and truthful CV.
Jobseekers using the Job Database further accept not to post invitations to franchising, pyramid schemes, club memberships or events regarding distribution, representation agencies or other business opportunities requiring the payment of a lump sum, periodic payments, commission (without any significant fixed salary), or the recruitment of other members, sub-distributors, sub-agents and the like.
6. Rights to the Job Database and the Website
The content and collection of the Job Database, including layouts, text, graphics, images, logos, button icons, software etc. is protected by national and international law on copyright, trademark rights etc. All material belongs to the parties having provided such content, unless otherwise agreed or provided by law.
Unauthorised use of such content may be in contravention of copyright and trademark law or other legislation. Jobseekers using the Job Database are obliged to keep all indications of copyright, trademarks, service marks or other proprietary marks in the original material in any copies lawfully made of such material.
7. Responsibility for the content of the Job Database and the Website
Jobseekers are responsible for their own information and the implications of posting it in the Job Database and on the Website.
The Data Controller is a passive channel for the online distribution and publication of the information provided by Jobseekers, and neither the Data Controller nor the Data Processor has an obligation to check the information and material posted on the Job Database by the Jobseekers. Consequently, there is no guarantee that the content of the Website is correct and accurate.
The Data Controller urges all Jobseekers to be aware that this service may put them in contact with people or companies that are not who they claim to be. Jobseekers accept any risk following from entering into transactions with other users of the Job Database or the Website.
In the event that the Data Controller or the Data Processor discovers that there is information in the Job Database or on the Website which is not in agreement with the present Terms, the Data Controller or the Data Processor will be entitled to delete such information without further notice. This also applies to information which may cause the Data Controller or the Data Processor to incur liability or which may put the Data Controller or the Data Processor at risk of losing services from their suppliers.
By submitting content to the Job Database the Jobseeker accepts that the Data Controller or the Data Processor is always entitled to use that content, including its distribution, publishing and changing of that content free of charge, indeterminately and irrevocably. The sender of content warrants that he or she has the rights to all material posted on the Website.
The Job Database and the Website may contain links to other websites run by third parties. Such links are only included on the website as a service to Jobseekers using the Job Database, and their inclusion on the Website does not imply that the Data Controller or the Data Processor has approved the content of those websites. All use of such links and browsing of those websites thus take place at the Jobseeker's own risk.
8. Security instructions regarding the use of the Job Database and the Website
Jobseekers using the Job Database and the Website are subject to the general law, including rules prohibiting the infringement of other people's rights.
The Data Controller particularly highlights the following circumstances as being in contravention of the present Terms. It should be noted that the list below is not exhaustive and does not set aside any applicable law.
Jobseekers are not entitled to violate or attempt to violate the security of the Website, e.g. by:
(a) gaining access to data not intended for the Jobseeker and attempting to log on to a server or account to which the Jobseeker is not authorised;
(b) attempting to investigate, scan or test the vulnerability of a system or a network or force the security and authorisation precautions taken without due authorisation;
(c) attempting to disrupt the service provided to any Jobseeker or network, including by sending a virus to the Website, overloading, 'flooding', 'spamming' or 'bombing' it or by causing the system to break down;
(d) using any device, software or routine to disrupt or attempt to disrupt the correct function of the website or any activity on the Website;
(e) sending unsolicited e-mails, including advertising or advertisements for products or services;
(f) falsifying any TCP/IP package tag or any of the information in the start tag of any e-mail or any contribution to any newsgroup;
(g) deleting or changing material placed on the Website by the Data Controller, the Data Processor or other Jobseekers;
using any type of machine, software, tool, agent or other device (such as browsers, search robots, avatars or intelligent agents) to navigate or search the Website. Search machines or search agents available through the website or third-party web browsers which are generally available (e.g. Netscape Navigator and Microsoft Explorer) are exempted from the above prohibition.
attempting to decipher, decompile or undertake reverse translation or reverse engineering of the software included in or forming part of any part of the job database owned by MatchWork World Wide A/S;
(j) using the Website to transfer, submit, store or destroy material in any way that would infringe the copyright or the title to trademarks, business secrets or other intellectual property rights belonging to a third party or the privacy, advertising rights or other personal rights of other people, or which is defamatory, obscene, threatening, rude or odious.
Infringement of these security rules or the law may result in civil or criminal liability. The Data Controller or the Data Processor will investigate incidences assumed to constitute a breach of these rules and may report such instances of breach to the police and the authorities.
9. Exclusion of liability
The Data Controller and the Data Processor will not accept liability for damages in connection with any use of the Job Database.
The Data Controller and the Data Processor do not warrant that information published by Jobseekers is truthful or correct, nor do they endorse any views expressed by Jobseekers.
The Jobseeker is solely responsible for content and any CV or other material placed in the Job Database or on the Website.
It should be emphasized that Data Controller and the Data Processor do not warrant that the Recruiters are in fact able to offer the applicants a job or that the Jobseekers are able to fulfil a particular job function. The Data Controller and the Data Processor are thus not responsible for any part of employment contracts concluded on the basis of transactions arising out of the Job Database or the Website.
The Data Controller and the Data Processor do not guarantee that the Website will not malfunction or that the Website and its server do not contain any virus or other harmful elements. In the event that equipment or data need to be serviced or replaced following the use of the Website, including the material on the website, the Data Controller and the Data Processor are not liable to pay the costs incidental to such servicing or replacement.
The Data Controller, Data Processor, suppliers or other parties connected to the Job Database and/or the website cannot be held liable for any damage or loss resulting from the use or the inability to gain access to the Job Database or the material on the Website at any time.
10. Indemnification
Jobseekers undertake to defend and indemnify the Data Controller and the Data Processor for any financial loss or other damages or any claim, lawsuit or other demands, including reasonable legal and accounting costs, claimed in connection with or arising out of the misuse of the Job Database and/or the Website. The Data Controller must immediately inform the Jobseeker of any such claim, lawsuit or other demands.
11. General
All use of the Website, including the Job Database, will be at the Jobseeker’s own risk, and the Jobseeker is responsible for observing all applicable rules and regulations in their host country.
Jobseekers are not entitled to sell or transfer their rights or obligations under this Agreement.
12. Termination
This Agreement comes into force when the Jobseeker clicks the 'I accept' button and it will continue to run as long as the Jobseeker is registered as a Jobseeker in the Job Database.
In the event that the Jobseeker infringes the Terms of this Agreement or if the Data Controller or the Data Processor is not able to verify or authenticate the information placed on the website by the Jobseeker the Agreement between the Jobseeker and the Data Controller will terminate.
The Data Controller and the Data Processor are entitled to cancel a Jobseeker’s registration at any time, including deleting the information registered.
13. Disputes
In the event of any dispute regarding a Jobseeker's use of the Job Database or the Website Guernsey Law will apply.