Candidate Terms
and conditions

For candidates

What’s in these terms?

These candidate terms (the “Candidate Terms“) set out the information applicable to candidates (the “Candidates“) who wish to use the Site and apply to the contractual agreement (hereinafter referred to as the “Agreement”) between Us and you on the other hand, who are interested in or use any career service that is offered at on the Site or other websites that incorporate these Terms of Use and our mobile applications (“apps”) (collectively referred to as “Service” hereinafter). Such websites and the apps are collectively referred to as “Platforms” hereinafter.

Use of the Site

The information and services available on the site are provided for the sole purpose of individuals looking for employment opportunities, career and professional development information including coding challenges and tests, and for employers seeking to recruit staff.

You may use, print and download information from the site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the site and if you do or if you perform any other unauthorised processing of information on the site it shall be deemed a material breach of these terms and conditions which, in the case of a Customer, shall entitle us to terminate the Services immediately on notice in writing. Further, we reserve the right to suspend provision of the Services to you in circumstances where we reasonably believe that you have performed any unauthorised processing of information. In respect of any personal data accessed or otherwise processed by a Customer as a result of access to the site or the Services, the Customer agrees that it shall be the sole data controller of such personal data for the purposes of the Data Protection Act 2018 and, as such, shall be solely responsible for its processing.

All copyright, database rights and other intellectual property rights in the site and the material available on the site belongs to us or its third party suppliers. Use of the site does not give you any proprietary rights in such materials.

By using the Site you accept these terms

By using the Site, you confirm that you accept these Candidate Terms and that you agree to comply with them.

If you do not agree to these Candidate Terms, you must not use the Site.

We recommend that you print a copy of these Candidate Terms for future reference.

Object of the agreement and scope of the Services

We offer a variety of career services via the Platforms. We want to be your lifelong career assistant. If your life perspective changes, you are developing or reaching for new goals, we offer the right career support. We aim to build a long-lasting relationship, to build a product and a Service, that is available 7 days a week, 24 hours a day and which enables you to take your life and future in your own hands.

There are other terms that may apply to you

This Acceptable Use Policy refers to the following additional terms, which also apply to your use of the Site:

• Our Privacy policy, which sets out the terms on which We process any personal data We collect from you, or that you provide to Us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate;
• If you are a recruiter, see our Recruiter terms below, which sets out information applicable to Recruiters.

We may make changes to the terms of these terms

We amend these Candidate Terms from time to time. Every time you wish to use the Site, please check these Candidate Terms to ensure you understand the terms that apply at that time.

Please view the “Effective from” date at the top of these terms to see when it was last revised.

Which country’s laws apply to any disputes?

These Candidate Terms, their subject matter and its formation are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

General

If hackajob fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve the Customer from compliance with such obligations. No waiver by hackajob of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to the Customer in writing. All notification and communication to hackajob should be sent to the contact details made available to the Customer on the Website. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law. These Terms represent the entire agreement between the Customer and hackajob in respect of the Customer’s use of the Website and shall supersede any prior agreement, understanding or arrangement, whether oral or in writing. The Customer acknowledges that in entering into these Terms, the Customer has not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between the parties except as expressly set out in these Terms. hackajob reserves the right to modify these Terms at any time. Any changes hackajob may make to this document in the future will be notified and made available to the Customer using the Website. These Terms shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of English courts.

How customers should deal with candidate data

In this clause, the following definitions will apply:

Agreed Purposes: (i) in respect of Candidate Data, for the purpose of assessing if the Candidate is suitable for employment with the Client, and related purposes; (ii) in respect of Staff Data, for the purpose of contacting the staff of the other party for business purposes.

Candidate Data: personal information relating to a Candidate supplied by the Platform to the Client, including name, address, email address, telephone number, date of birth, gender, employment history, qualifications, experience, personal statement, profile photo and other information of a personal nature.

Controller, processor, data subject, personal data, processing and appropriate technical and organisational measures: as set out in the Data Protection Legislation in force at the time.

Data Protection Legislation: (i) the General Data Protection Regulation ((EU) 2016/679) (GDPR) and any national implementing laws, regulations and secondary legislation (UK Legislation), for so long as the GDPR is effective in the UK, and (ii) any successor legislation to the GDPR and UK Legislation.

Permitted Recipients: the parties to this agreement, the employees of each party, any third parties engaged to perform obligations in connection with this agreement.

Shared Personal Data: the personal data shared between the parties under clause 1.

Staff Data: the personal data of the staff of a party, including name, telephone number, email address and office address.

1. Shared Personal Data. This clause sets out the framework for the sharing of personal data between the parties as controllers. Each party acknowledges that (i) in respect of Candidate Data, the Platform will disclose such data to the Client and (ii) in respect of Staff Data, each party will disclose to the other party such data, for the Agreed Purposes.
2. Effect of non-compliance with Data Protection Legislation. Each party shall comply with all the obligations imposed on a controller under the Data Protection Legislation, and any material breach of the Data Protection Legislation by one party shall, if not remedied within 30 days of written notice from the other party, give grounds to the other party to terminate this agreement with immediate effect.
3. Particular obligations relating to data sharing. Each party shall:

3.1 ensure that it has all necessary notices and consents in place to enable lawful transfer of the Shared Personal Data to the Permitted Recipients for the Agreed Purposes;

3.2 give full information to any data subject whose personal data may be processed under this agreement of the nature such processing. This includes giving notice that, on the termination of this agreement, personal data relating to them may be retained by or, as the case may be, transferred to one or more of the Permitted Recipients, their successors and assignees;

3.3 process the Shared Personal Data only for the relevant Agreed Purpose;

3.4 not disclose or allow access to the Shared Personal Data to anyone other than the Permitted Recipients;

3.5 ensure that all Permitted Recipients are subject to written contractual obligations concerning the Shared Personal Data (including obligations of confidentiality) which are no less onerous than those imposed by this agreement;

3.6 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.

3.7 not transfer any personal data received from the Data Discloser outside the EEA unless the transferor:

3.7.1 complies with the provisions of Articles 26 of the GDPR (in the event the third party is a joint controller); and

3.7.2 ensures that (i) the transfer is to a country approved by the European Commission as providing adequate protection pursuant to Article 45 GDPR; (ii) there are appropriate safeguards in place pursuant to Article 46 GDPR; or (iii) one of the derogations for specific situations in Article 49 GDPR applies to the transfer.

1. Mutual assistance. Each party shall assist the other in complying with all applicable requirements of the Data Protection Legislation. In particular, each party shall:

4.1 promptly inform the other party about the receipt of any data subject access request;

4.2 provide the other party with reasonable assistance in complying with any data subject access request;

4.3 not disclose or release any Shared Personal Data in response to a data subject access request without first consulting the other party wherever possible;

4.4 assist the other party, at the cost of the other party, in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

4.5 notify the other party without undue delay on becoming aware of any breach of the Data Protection Legislation;

4.6 at the written direction of the party disclosing the Shared Personal Data, delete or return Shared Personal Data and copies thereof to that party on termination of this agreement unless required by law to store the personal data;

4.7 use compatible technology for the processing of Shared Personal Data to ensure that there is no lack of accuracy resulting from personal data transfers;

4.8 maintain complete and accurate records and information to demonstrate its compliance with this clause 7 and allow for audits by the other party or the other party's designated auditor; and

4.9 provide the other party with contact details of at least one employee as point of contact and responsible manager for all issues arising out of the Data Protection Legislation, including the procedures to be followed in the event of a data security breach, and the regular review of the parties' compliance with the Data Protection Legislation.