Terms and Conditions
This website (“Website”) is operated by the Association of Colleges, a company limited by guarantee (registered in England under company number 03216271) and whose registered office is at 2-5 Stedham Place, London, WC1A, United Kingdom ("AoC") References to "we", "our" and "us" are references to the AoC. Our VAT number is 680929695. We give you permission to use the Website subject to these terms and conditions ("Terms and Conditions"). If you do not agree to these Terms and Conditions, then you must not use this website.
2. THE SERVICES
2.1 AoC provides users with access to an online recruitment service through the Website ("Services"). We may change or discontinue the Services at any time.
2.2 Unless explicitly stated otherwise, any new features of the Services will be subject to these Terms and Conditions. Any purchase order or contract will be subject to separate terms in addition to these Terms and Conditions and any Additional Terms and Conditions (set out below) which are applicable to the relevant Service.
3. USE OF PERSONAL INFORMATION
3.1 Certain aspects of the Services may require you to register and provide information about yourself. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
4.1 AoC will use reasonable endeavours to protect all personal information collected through the Website in accordance with strict data protection standards.
4.2 The registration processes on the Website may involve you giving a password and account designation. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify AOC of any unauthorised use of your password or account and any other breach of security, and (b) ensure that you exit from your account at the end of each session. We do not accept liability for any loss or damage arising from your failure to comply with this obligation.
5. USER CONTENT
5.1 Where you are able to upload materials through the Website, such facilities are provided for the exchange of lawful, relevant, fair and appropriate information and materials. You acknowledge that all information and materials ("User Content") are the sole responsibility of the person from which such User Content originated. We accept no responsibility for, and do not guarantee, the accuracy, integrity or quality of any User Content placed on the Website.
5.2 If you place any User Content on the Website, you must have the right to do so. You must not place on the Website any User Content which is unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise discriminatory.
5.3 Anyone aggrieved by your User Content (e.g. because it is defamatory or infringes their rights) may take action against you. This could result in registration data and other data concerning your identity being disclosed, and you having to pay compensation, to the aggrieved party.
5.4 You agree to not use the Services to violate any applicable law or regulation and/or collect or store personal data about other users.
6. LINKS TO OTHER SITES
The Website may provides links to other websites and content for your information and convenience. We have not verified the content of any such websites and we are not responsible for them.
7. INTELLECTUAL PROPERTY
7.1 We own or have the rights to all intellectual property rights in the Website and the Services. ‘AoC’ and ‘Association of Colleges’ are trademarks of AoC ("AoC Marks"). You must not display or use the AoC Marks without our written consent.
7.2 You must not reproduce, copy, modify, sell, distribute, exploit, or provide links to any part of the content of this Website or the Services without our prior written consent.
7.3 You retain ownership of all rights in your user Content. You grant to AoC and the users of the Website a non-exclusive, worldwide, royalty-free, perpetual, licence to copy, use and distribute your User Content and to incorporate it in other works in any form, media, or technology for the purpose of allowing us to provide the Services and for you and the other Website users to take the benefit of the Services.
7.4 You warrant that (i) you have the right to upload the User Content and grant the rights set out in the licences above and (ii) use of the User Content by either us or our users will not infringe the rights of any third parties.
8.1 The Website is designed to be compliant with applicable United Kingdom laws and regulations and is intended for use only by users resident in the United Kingdom. If you are resident in a country outside of the UK, you use the Website at your own risk.
8.2 The Website and the Services are provided on an 'as is' and 'as available' basis. AoC does not guarantee the accuracy, timeliness, completeness or fitness for purpose of the content provided on the Website or through the Services or that use of the Website will be uninterrupted, virus free or error-free. No responsibility is accepted by or on behalf of AoC for any errors, omissions or inaccurate information on the Website or available through the Services.
8.3 Any material downloaded or otherwise obtained through the use of the Website or Services is done at your own risk. We do not accept liability for any damage to your computer system or loss of data that results from the download of any such material. We accept no liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Services.
8.4 Your dealings with recruiters found on or through the Services on the Website are solely between you and such recruiter. We do not accept liability for any loss or damage you may incur as the result of any such dealings.
You agree that AoC, in its sole discretion and without liability to you or any third party, may suspend or terminate, with or without notice, your access to the Website and/or the Services or any part of them or any of your passwords or accounts within the Services, and may remove and discard any User Content within the Services, for any reason, including for lack of use or if AoC believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions and the Additional Terms (if applicable). Where there is a breach of these Terms and Conditions or of the Additional Terms (if applicable), AOC may also take any other action we reasonably deem appropriate in connection with such breach.
10. OUR LIABILITY TO YOU
10.1 Subject to conditions 10.2 and 10.3, AoC's liability to you in contract, tort (including negligence) with regard to these Terms and Conditions, use of the Website and/or any Service shall be limited the greater of: (a) £150 or (b) the price validly paid by you to AoC under any contract for paid services during the 6 months preceding the event giving rise to the claim.
10.2 AoC shall not be liable for any indirect, incidental, special, consequential or exemplary damages, nor for direct or indirect loss of profits revenue, business, anticipated savings, goodwill, opportunity.
10.3 Nothing in these Terms and Conditions shall affect the statutory rights of any consumer or exclude or restrict any liability for fraud or for death or personal injury arising from the negligence of AoC, or for any other liability which cannot be limited or excluded by law.
11.1 We may update these Terms and Conditions from time to time. We will post any changes on this page and indicate the date of any changes. Your continued use of this Website constitutes your acceptance of any updated Terms and Conditions.
11.3 We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions, the Additional Terms (if applicable) or any related contract between us that is caused by events outside our reasonable control.
11.4 If we provide you with any information which we tell you is confidential, you not to disclose it to any other person without our consent except as may be required by law.
Any complaints about the Website should be sent to AoCjobs@AoC-create.co.uk
Please set out the nature of your complaint and we will take any action we think appropriate.
13. GOVERNING LAW
Our relationship with you is subject to English law and the exclusive jurisdiction of the English courts except where applicable consumer law provides otherwise.
Last updated: 06/07/15
1.1 These Additional Terms apply to any organisation choosing to use the web-based recruitment services offered through the Website (“Recruitment Service") and should be read in addition to the Terms & Conditions. In the event of any conflict with the Terms and Conditions, these Additional Terms shall prevail.
1.2 By requesting a User Account (as defined below), you agree to be bound by the Terms and Conditions and these Additional Terms.
2.THE RECRUITMENT SERVICE
You hereby appoint AoC to provide the Recruitment Service in accordance with the Terms and Conditions and these Additional Terms. As part of the Recruitment Service, we will:
2.1 provide an individual "User Account" for each of your nominated staff members, each one a "User" in these Additional Terms; and
2.2 provide Users with reasonable levels of support in relation to their use of the Recruitment Service.
3. RECRUITING SERVICE REQUIREMENTS
3.1 We provide the web-based Recruitment Service which provides recruitment management and access to applicants for a charge agreed by us in writing. We will need you to give us the information, staff time and assistance that we may reasonably require in order to enable us to activate your User Accounts and provide the services you need.
3.2 Information made available to you through the Website is provided solely for the purpose of seeking and recruiting staff. You may not copy, use, print or download information from the Website for any other personal or commercial purpose.
3.3 You must delete all personal information obtained through the Recruitment Service upon conclusion of your search for a suitable candidate or in accordance with your obligations under the Data Protection Act 1998 (the “DPA”), unless the applicant has expressly consented to the retention and continued processing of her/his personal data.
3.4 You shall deal fairly and professionally with all applicants who respond to an advertisement you have posted on the Website and shall not do anything which may bring the Website or AoC into disrepute.
4.USING THE RECRUITMENT SERVICE
4.1 Each User will be able to save text, data, graphics, other file attachments and other content into the Recruitment Service in order to place and file related documentation for jobs (“Organisation Content”). All intellectual property rights in the Organisation Content shall be owned by the organisation.
4.2 Although we are letting you access and use the Recruitment Service, all intellectual property rights in the content (other than Organsiation Content) on the Website and in the database of applicants’ information and CVs shall be owned by us.
5.1 This Recruitment Service is free, however, advertising a vacancy on the Website will be subject to payment of a charge agreed in a written order between you and the AOC.
5.2 On occasion, we may need to modify, suspend or discontinue (temporarily or permanently) the provision of the Recruitment Service, any User Account or any other of our services or facilities and we shall not be liable to your organisation or any third party in relation to any loss, damage or cost incurred as a result.
5.3 We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.
5.4 You shall (and you shall also procure that all Users shall) comply with the Terms and Conditions and these Additional Terms, as amended from time to time.
6. DATA PROCESSING
6.1 For the purposes of this clause 6, “data controller”, “data processor”, “data subject”, “personal data” and “processing” (and process shall be construed accordingly) shall be as defined in the DPA.
6.2 To the extent that AoC is processing any personal data on your behalf, as your data processor, AoC shall:
6.2.1 implement and maintain appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected; and
6.2.2 process the personal data only in accordance with your instructions (which may be specific instructions or instructions of a general nature as set out in these Additional Terms or as otherwise notified to us).
6.3 To the extent that AoC as a data controller transfers personal data to you, as a separate data controller, you undertake that:
6.3.1 you will implement and maintain appropriate technical and organisational measures to protect such personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected;
6.3.2 you have no reason to believe that any local laws are in existence that would have a substantial adverse effect on the guarantees provided for in these Additional Terms, and that you will promptly inform AoC if you become aware of any such laws;
6.3.3 you will identify a contact point authorised to respond to enquiries concerning processing of the personal data, and will cooperate in good faith with AOC, the data subjects and the UK Information Commissioner concerning all such enquiries within a reasonable time; and
6.3.4 you will comply with your other obligations in respect of that personal data under the DPA.
6.4 You acknowledge that AoC may process personal data relating to an applicant and/or a User for its own purposes as a data controller, as notified to you from time to time. To the extent that you as data controller transfer personal data to AoC for any purpose, whether AoC is acting as a Data Controller or Data Processor, you represent, warrant and undertake that such personal data provided by you has been collected, processed and transferred in accordance with the DPA and may be lawfully used by AoC for these notified purpose(s).
You agree to indemnify and hold AoC and its affiliates harmless from and against any and all liability, losses, costs, claims and expenses incurred directly or indirectly (including reasonable legal fees) incurred in connection with or arising out of your violation of the Terms and Conditions and/or the Additional Terms, any applicable law or regulation or the rights of any third parties related to the use of the User Content, our Website, Services and tools. This indemnity includes both any liability to third parties, and other costs and losses incurred by AoC.
Last updated: 06/07/15
This Privacy and Cookies Policy applies to the website www.aocjobs.com (“the "Site") which is run by AoC Create Limited (“AoC”) of 2-5 Stedham Place, London, WC1A 1HU.
The AoC recognises the importance of honest and responsible use of your personal information. This Privacy and Cookies Policy (“Policy”) explains how the AoC collects, uses and discloses personal information about you when you visit this Site and when you contact the AoC, whether by e-mail, post, fax or telephone using the contact options on this Site. The information you provide to us through the Site will initially be collected by the AoC, but may then be shared with other Association of Colleges Group companies. All references to “AoC” in this Privacy and Cookies Policy therefore include the Association of Colleges and any of its other Group companies (“the Group”), unless stated to the contrary. Depending upon your relationship with the AoC, we may separately provide you with further details about our use of your personal information.
Our business is founded on the trust that we have developed with our customers, both individuals for whom we are finding suitable vacancies (“Candidates”) and the organisations offering those vacancies through us (“Clients”).
What type of information does the AoC collect and why?
When you visit our Site, we may automatically collect standard internet and website log information and details of patterns about how website visitors behave. The information we may collect includes information about your Internet service provider, your operating system, browser type, domain name, the Internet protocol (IP) address of your computer (or other electronic Internet-enabled device), your access times, the website that referred you to us, the Web pages you request and the date and time of those requests. This may allow us to find out which parts of the Site are popular or need changing. This is done in a way which does not identify any individual and we do not try to identify visitors to our Site using this information or to link this information with any personal information we collect.
If you want to contact us or to use certain facilities we provide on this Site, you will need to provide us with some additional personal information so that we can liaise with you and deal with your request, query or application. If you do choose to provide us with your personal information, we will collect that information for the purposes described in this Policy.
What type of personal information does the AoC collect?
Personal information means information which on its own or in combination with other information, allows identification of an individual.
Sensitive personal information means personal information relating to race or ethnic origin, political opinions, religious or other beliefs of a similar nature, trade union membership, sexual life, health or medical conditions, or the commission or alleged commission of offences (or related proceedings). The term personal information includes sensitive personal information where the context so admits.
Where you choose to provide personal details to us, we may collect the following personal information from you:
- your full name, title and gender;
- your work and home contact details eg address, fax number, telephone numbers and e-mail address;
- the reason for your contact, which may be an enquiry, a request or enquiry on behalf of someone else or a job application;
- if you create an account - your password, e-mail address and your full name;
- employment and personal and educational details you choose to provide to us as part of creating a profile as part of your account and/or any application for employment, for example your CV, any employee or governmental identity number, driver’s license number and/or passport number (if required), your date of birth, place of birth, nationality (and where applicable dual or former nationality), eligibility (including evidence) to work in the relevant country, personal or professional interests (including job interests and areas of expertise), employment history, salary details and career aspirations, or language skills;
- financial account information, ,such as credit card number and other payment information;
- your contact and marketing preferences;
- if you take a survey or interact with us in various other ways - demographic information and information about subjects that may interest you;
- information necessary for legal compliance (including details of disability); and/or
- where you “like” us or make posts on our pages on social networking websites.
If you are a College who is a member of the Association of Colleges and contract with us to find job applicants (“Client”) we may collect:
- information about authorised individuals within your business including their name and contact information, including email address and job title;
- billing information, transaction and credit card information;
- details of vacancies, the team within which such vacancies are available and the management staff responsible for such positions so that we can pass these details on to interested Candidates as part of the recruitment process.
This information will be collected primarily from you as information voluntarily provided to us, but we may also collect it where lawful to do so from (and combine it with information from) public sources, third party service providers, individuals whom you have indicated have agreed for you to provide their personal information, government, tax or law enforcement agencies, and other third parties. We may also collect personal information about you from your use of other Group services.
Please note that Candidates and Clients are responsible for the information provided to us and for keeping that information accurate and up to date.
How does AoC use information about you?
AoC may use information about you for purposes described in this Policy or disclosed to you on our Site or with our services. For example, we may use information about you for the following purposes:
- to respond to and/or deal with your request or enquiry;
- to process and administer your job or similar application(s) (including placement or apprenticeship opportunities, as appropriate), your order(s) or purchase(s) of our products and/or services;
- to provide Candidates with information on opportunities available to you as a result of enquiries from Clients;
- to provide Candidates’ details (where your consent has been obtained) to Clients offering such opportunities (which may include transfers to Clients acting as a data controller and obtaining your details through our Site by paying us a fee). These details will be provided on the terms set out at http://www.AoCjobs.com/terms-and-conditions/;
- to interview, obtain suitable references, advise and undertake any required vetting procedures requested by the Client responsible for any vacancy which you instruct us to register your interest for;
- to amend your data or otherwise comply with your instructions (where reasonable and insofar as possible) in relation to our processing of your personal information as a Candidate or Client;
- where relevant to process payment of subscription fees and renewals thereof;
- to follow up if you are utilising services provided by us as part of our customer care procedures;
- to improve our products and services and to ensure that content from the Site is presented in the most effective manner for you and for your computer (or other electronic Internet-enabled device);
- to administer the Site and for internal record keeping;
- subject to your consent where required under applicable laws, to carry out direct marketing and/or e-mail marketing that you have requested;
- to perform any contract the AoC has with you;
- where necessary as part of any restructuring of the AoC or sale of a relevant Group company’s business or assets;
- to contact you (directly, either by the AoC or by the Group or through a relevant partner or agent) by e-mail or phone for the above reasons; and
- for compliance with legal, regulatory and other good governance obligations.
This list is not intended to be exhaustive and may be updated from time to time as business needs and legal requirements dictate. Some of the personal information that the AoC maintains will be kept in paper files, while other personal information will be included in computerised files and electronic databases.
In most cases, the information that the AoC processes about you is required to deal with your request or application, or required by law, or is necessary for the exercise of the AoC’s legitimate business interests and needs, in which case special care is taken to safeguard your rights and to ensure any such use is proportionate.
AoC or the Group may also convert personal information into anonymous data and use it for research and analysis to improve the AoC/Group performance and/or to create an anonymous job profile for you.
Does the AoC share personal information with third parties?
Your personal information will be made available for the purposes mentioned above (or as otherwise notified to you from time to time), on a ‘need-to-know’ basis and only to responsible management, human resources, accounting, legal, logistics, audit, compliance, information technology and other corporate staff who properly need to know these details for their functions within the Group. Please note that certain individuals who will see your personal information may not be based at the AoC or in your country (please see below).
We may share personal information within the Group as needed for reasonable management, analysis, planning and decision making, including in relation to taking decisions regarding the expansion and promotion of our product and service offering, order or for use by those companies for the other purposes described in this Policy.
Your personal information may also be made available to third parties (within or outside the Group) providing relevant services under contract to AoC, or the Group (see below for further details), such as human resources support services, credit card processors, auditors and compliance managers, providers or call centres and IT hosting and IT maintenance providers. These companies may use information about you to perform their functions on our behalf. AoC has put in place various security and data privacy measures, including with such third parties, in order to protect personal information and shall seek to comply with applicable legal requirements.
Where (when prompted on our Site) you indicate that you do not wish for our Clients to see your profile and CV we shall contact you if we consider there to be any suitable job matches and/or a Client indicates that it would like more details to discuss the available opportunity with you. In this case we will provide you with details of the opportunity and ask for your clear consent to provide your personal information to the Client for this purpose alone.
Where you have indicated that we may share your profile and CV with a Client we may sell and then share your personal information (which may include any of the information identified above) with them (some of whom operate on an international basis) for the purposes identified above where they are looking to employ someone matching your profile and indicate to us that they wish to have access to (by viewing or downloading) your personal information, including your profile and CV.
We will not be liable for any misuse of your personal information by our Clients. Any Client found to be misusing a Candidate’s personal information may be removed as a Client at our sole discretion. Candidates must be aware that we are not responsible for carrying out any form of due diligence on Clients and whilst we will endeavour to provide only our trusted Clients with access to personal information, Candidates should do their own research into the Client(s) offering opportunity(ies) to them in each case.
We will not sell your personal information to any third party other than to Clients (as authorised by you) part of any restructuring of AoC or the Group or sale of a relevant Group business.
Will your personal information be transferred abroad?
Some transfers of personal information have been explained above. Individuals within the European Economic Area (“EEA”) should be aware that recipients of their personal information, within the Group or third parties (as set out in this notice), may not be located within the EEA but instead located in countries which do not have equivalent protection for personal information to that within the EEA, such as recipients in India. Steps will be taken to protect your personal information in that instance consistent with applicable law.
What choices does AoC offer you with regard to direct marketing?
AoC may wish to provide you with information about new products, services, promotions and offers, which may be of interest to you and may invite you to take part in market research or request feedback on our products and services and the Group’s products and services. This communication may occur by e-mail, telephone, post or SMS. We will obtain your consent and advise you of how to opt-out of receiving such communications where we are required to do so in accordance with applicable law.
What safeguards are in place to protect your personal information?
AoC takes reasonable steps to maintain appropriate physical, technical and administrative security to help prevent loss, misuse, unauthorised access, disclosure or modification of personal information. While we take these reasonable efforts to safeguard your personal information, we cannot guarantee the security of any personal information you disclose online. You accept the inherent security implications of dealing online and will not hold us responsible for any breach of security unless such breach has been caused by the specific negligence of AoC, the Group or their agents.
What rights do you have to review and amend personal information?
You have the right to review your personal information held by AoC and have certain inaccurate information about you corrected. If you wish to do so, or to notify AoC of a change in your details, please contact Chris Newman, Digital Recruitment Manager. Such a request may need to be in writing and with payment of a statutory fee.
If you have a question about the use of your personal information, or wish to file a complaint about it, please contact us, using the contact details set out above, in the first instance. In the event of any unresolved inquiry or an unsatisfactory response, you may contact Chris Newman, Digital Recruitment Manager.
Keeping you informed
We will keep your details on record until we have completely dealt with your request, enquiry or application and then for a reasonable period afterwards, in accordance with data protection and other applicable legislation.
AoC may keep your details on record for as long as is necessary for the purposes for which it may use your personal information, as set out above. If AoC decides that holding your details is no longer necessary we will securely delete your details and will not contact you again unless or until you request us to do so.
What are cookies
Cookies are small files of letters and numbers. These files are either stored in the memory of your computer or other device such as mobile phones or tablet devices (these cookies are generally known as session cookies) or are placed on the hard drive of your device (generally known as persistent cookies).
For more details about cookies and details of how to delete and disable cookies you can visit www.aboutcookies.org.
The cookies that we use on our websites only collect anonymous information to optimise our services, and do not collect personal information.
List of cookies on the AoC website
The cookies used on our Site are categorised in accordance with the International Chamber of Commerce United Kingdom Cookie Guide as follows:
- Cookies which are “strictly necessary” for functionality of the Site’s platforms. These cookies are essential in order to enable users to move around the Site and use its features.
- “Performance” cookies which collect information about how users navigate the Site, for example, which pages users access most frequently. They identify how users interact with our Site, any errors that occur, which pages are not used often, which pages take a long time to load, which pages users tend to visit and in what order. These cookies do not collect any information which could identify you and are only used to help us improve how our Site works and understand what interests our Site’s users.
- “Functionality” cookies which allow the Site to remember choices you make and your preferences as a logged in user (based on e.g. your user name).
The following cookies are in place on this website:
Two are set on any page once a visitor has logged in or interacts with a form. They identify you to the server to keep you logged in. This is a strictly necessary/ functionality session cookie. Typically these cookies expire at the end of your session, or at the latest within one week.
Set by Google Analytics. These anonymously track the use of the website. These cookies are set or updated on any page visited. Several cookies are set but all serve the same purpose of how people reached the site and used it including search terms used and referring sites. Please see this page for more information.
You can prevent these cookies by selecting the appropriate settings on your browser. If you do this you may not be able to use the full functionality of this Site. You may download and install the Google Analytics Opt-out Browser Add-on available here: http://tools.google.com/dlpage/gaoptout.
Changes to this Privacy and Cookies Policy
We keep this Policy under regular review. We may change this Policy from time to time by updating this page in order to reflect changes in the law and/or our privacy practices. The date at the top of this Policy will be updated accordingly.
We encourage you to check the date of this Policy when you visit this Site for any updates or changes. We will notify you of any modified versions of this Policy that might materially affect the way we use or disclose your personal information.
By using our Site, submitting your personal information (including sensitive personal information) to us and/or registering an account, you consent to the use of your personal information as described in this Privacy and Cookies Policy (as amended from time to time).
Digital Recruitment Manager
2-5 Stedham Place
More information regarding your rights can be obtained from the Information Commissioner’s Office, details of which are available from www.ico.org.uk.
Last updated: 06/07/15