Welcome to the Jobs.ie website, being the website “www.Jobs.ie” and any other web page containing that domain name (the “Website”), which is operated by Jobs.ie Limited (a company incorporated in Ireland with company registration number 323664 and a registered office at Waterways House, Grand Canal Quay, Dublin 2, D02 NF40) (the “Company”, “we”, “us” or “our”).
1.1.3 If you are an Ecommerce User, the Ecommerce Terms (as defined and set out in Section 11 of this Agreement) form part of your agreement with us which comprises, in the following order of priority in the event of a conflict:
1.2 Use of or access to the Website is subject to and constitutes your acceptance of the Agreement which take effect on the earlier of: (a) the date which you first access the Website, or, (b) if you are a Contract User or an Ecommerce User, when you sign a Contract Form or when you submit payment of a Fee on the Website in respect of a request for Ecommerce Services, respectively.
1.4 The website makes use of Google Places API in the provision of its Services. By using our Website,you are also bound by Google’s Terms of Services, available here: www.google.com/intl/en/policies/terms
1.7 We may terminate your registration and/or deny you access to the Website or any part of it (including any services, products or information available on or through the Website) at any time in our absolute discretion.
1.8 This Agreement constitutes the whole agreement between us and you and supersedes and terminates any previous arrangement, understanding or agreement between us and you relating to the Website and any of our Website Services including our Products. You acknowledge that you do not rely on any statement, representation, assurance or warranty of any person (whether a party to this agreement or not) other than as expressly set out in your Agreement with us.
2.1 We may update our Website from time to time, and may change any information or material (including designs, text, graphics, logos, images and related content), presentation, layout or functionality of the Website whether written, published, shared or otherwise appearing on the Website in respect of any of the Website Services, and for the avoidance of doubt this shall include any and all information or material contained in any advertisements, CVs or User Content appearing on the Website, (the “Content”) at any time. However, please note that any of the Content on our Website may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Website, or any Content on it, will be free from errors or omissions.
2.2 We make services available to users on the Website from time to time, including the ability to create, publish and manage written advertisements for jobs, register CVs with us to appear on the Website, contact other users of the Website in response to advertisements published on the Website, search the Website for advertisements, and create and/or respond to profiles of employers (both user and non-user employers) (each an “Employer”), feedback, reviews, ratings or other information relating to any Employer (including an Employer's recruitment process, salaries, organisation, business, performance, competitiveness, and employee satisfaction) whether created by a user who is not an Employer, or created by an Employer in connection with such content (“User Content”), including the collation of User Content for data analysis, quality control, and to provide better search results for both jobseekers and Employers (the “Website Services”). For the purpose of performing the Website Services, the Company may cooperate with media partners and host the Website, or parts thereof, at further websites and/or on third party hardware.
2.3 The names, images and logos identifying the Company or third parties and their products and services are proprietary marks of the Company and/or third parties, and may only be used by users when using the Website in the ordinary course. We may use Employer-user names, logos and marks for the purpose of the provision of the Website Services to you and in connection with the management, use and provision of the Content, including the User Content.
2.4 We have no obligation to monitor or moderate any user's activity or use of our Website and/or the Website Services, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any Applicable Laws.
2.5 Without any admission of liability, we may from time to time assess any possible risks for users from third parties when they use the Website and/or Website Services and we will decide in each case whether it is appropriate to use moderation (including what kind of moderation to use) in the light of those risks. We may appoint certain users of the Website or third parties to act as moderators.
2.6 For the purpose of performing the Website Services, the Company may cooperate with media partners and host the Website, data relating to the users and Website Services or parts thereof, at further websites and/or on third party hardware.
3.1 We may provide links and pointers to websites or other resources maintained by third parties from our Website. Such websites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any such website or any link contained in such a website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website. We are not responsible for the copyright compliance of any linked website. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party and you acknowledge that the use of any third party website or resource is governed by the terms and conditions of use applicable to such website or resource.
4.1 YOUR ACCOUNT AND PASSWORD
4.1.1 If any of the Website Services require you to register with us, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account and you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4.1.2 You may not use anyone else’s account at any time, without the permission of the account holder.
Any links provided on the Website are provided for your interest or convenience only and do not represent or imply any endorsement by us of such linked websites and we cannot be held liable for any loss or damage which may arise from use of such third party websites or contracts entered into resulting from the use of such third party websites.
You acknowledge that the use of such third party websites is governed by the terms and conditions of use applicable to such websites.
4.2 PRIVACY AND INFORMATION PROVIDED BY YOU INCLUDING USER CONTENT
4.3 CREATING AND POSTING USER CONTENT
4.3.1 You may only create and publish User Content for purposes that are consistent with the Agreement and that are not illegal or otherwise breach Applicable Laws. You may not create any User Content that contains confidential or proprietary information, intellectual property, personal data relating to third parties (including an individual’s name or other information which identifies a living individual) or trade secrets, or which breaches your employment agreement.
4.4 LICENCE OF USER CONTENT
4.4.1 By submitting User Content you hereby grant to us and our licensees a worldwide, unrestricted, irrevocable, perpetual, non-exclusive, transferable and royalty-free licence to use, copy, make, reproduce, display, perform, distribute, sub-licence, sell, delete, edit, prepare derivative works from, analyse and otherwise exploit the User Content for the purposes of managing our Website, providing the Website Services and operation of our businesses (including by compiling it together with other User Content and anonymising it to perform statistical analysis for comparison or benchmarking purposes) to the extent permitted by applicable laws
4.4.2 You acknowledge that we are owner of the intellectual property rights in the Content (whether jointly or solely) and that our prior written permission is required for any such use or removal of the Content. Your use of the Content does not give you any proprietary rights in the Content.
4.5 LIABILITY FOR USER CONTENT
4.5.1 By submitting User Content to this Website you acknowledge that any use, display, copying or reproduction that you make of a company trade mark or logo or inclusion of Employer or third party text or other content (including by hyperlink text) constitutes use of third party intellectual property rights and you agree that you are wholly responsible for ensuring that your User Content is permitted.
4.5.2 If you have a clarification, feedback or a complaint regarding the accuracy of specific User Content, you may tell us about it by using the Report functionality beside the specific User Content on the Website.
4.6 LIABILITY FOR EMPLOYER REVIEWS
4.6.1 The results of your Employer reviews created by your User Content may, for example, be shown as star ratings for that Employer as part of all Website Services. You acknowledge that your ratings created from User Content are generated as an automated processing of User Content that represents users’ purported experiences, and do not represent our endorsement or view of the Employer.
4.7 UNLAWFUL & PROHIBITED USE
4.7.1 You may only use the Website and/or the Website Services for lawful purposes when seeking employment or help with your career, or when recruiting staff. You must not under any circumstances seek to undermine the security of the Website or any information submitted to or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information on the Website to which you do not have authorised access, seek to overload the Website system via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of the Website or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Website. You are also responsible for ensuring that all information, data and files are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to the Website.
4.7.2 You are prohibited from using the Website and/or Website Services in any manner deemed to be in competition with our business activities (as determined by us at our sole discretion).
4.7.3 You are prohibited from using or removing any Content from the Website by any means for any purposes deemed to be in competition with our business activities (as determined by us at our sole discretion).
4.7.4 We reserve the right to remove any information including any Content supplied by you from the Website at our sole discretion, at any time and for any reason without notice or any explanation.
5.1 We do not warrant that the Website will be available on an uninterrupted basis, and we accept no liability in respect of losses or damages arising out of any unavailability of the Website.
5.2 We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password as a result of your negligence or breach of this Agreement.
5.3 In no event will the Company be liable for any losses or damages including indirect or consequential damages, or any damages whatsoever arising from use or loss of use, data, or profits, whether in action of contract or negligence, arising out of or in connection with the use of the Website, including arising out of changes made to the Content of the Website by any third party. Your access to and use of the Website and Content is at your own risk.
5.4 You acknowledge that by accessing the Website, you may come into contact with Content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that the Company shall have no liability to you for any User Content including explicit language and other potentially offensive material.
5.6 In accessing this Website you acknowledge that the Company is not liable for the misuse, alleged or otherwise, of third party intellectual property rights by users of this Website who create User Content.
6.1 This Agreement, and any issue connected with it, are governed by and construed in accordance with Irish law. The courts of Ireland have exclusive jurisdiction to settle any dispute arising out of or in connection with the use of the Website or this Agreement.
6.2 If any provision of the Agreement is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
7.1 The following rules are in place to protect the quality of the Content on the Website. The maintenance of quality Content seeks to ensure that jobseekers can find the positions most relevant to their requirements quickly and easily and that Contract Users and Ecommerce Users receive relevant job applications.
7.2 These rules are intended to make the Website easier to use, thus attracting more jobseekers to apply for your jobs.
7.3 By enforcing these rules, we provide a level playing field for all Contract Users and Ecommerce Users using the Website Services while at the same time increasing the long term benefits you will reap from your subscription with us. Failure to adhere to these rules may result in action being taken by the Company, up to and including termination of our Agreement with you.
7.3.1 JOB ADVERTISEMENT: TITLE AND DESCRIPTION
7.3.2 JOB ADVERTISEMENT USAGE
7.3.3 FILLED ROLES & CV COLLECTION
7.3.4 COST TO JOBSEEKER
7.3.5 JOB CATEGORISATION
7.3.6 CONTACT DETAILS IN JOB ADVERTISEMENTS
7.3.7 SPECIFICS TO WEBSITES
8.1 PRODUCT DEFINITIONS
8.1.1 Job Ad
8.1.3 Job Credit
8.1.5 Highlight Job
8.1.6 Promoted Job
8.1.7 Job Alert
8.1.8 Performance Boost
8.1.9 Sponsored Job Alert
8.1.10 HTML Mailer
8.1.11 We're Hiring
8.1.12 Display Advertising
8.1.13 Saongroup.com Ireland Database (Group made up of IrishJobs.ie. Jobs.ie and NIJobs.com)
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
|Agreement||has the meaning given in section 1.2;|
|Applicable Laws||all applicable laws, statutes, regulations, codes and requirements from time to time in force;|
|Content||has the meaning given in section 2.1;|
|Contract Form||has the meaning given in the Contract;|
|Contract User||any person or entity who signs a Contract Form with the Company;|
|Ecommerce User||has the meaning given in the Ecommerce Terms;|
|Employer||has the meaning given in section 2.2;|
|User Content||has the meaning given in section 2.2;|
|Website Services||has the meaning given in section 2.2; and|
|Terms and Conditions||means the terms and conditions attached to the Contract Form, and which are defined therein as the Terms and Conditions.|
10.2 Ecommerce Users (as defined below) are business customers that purchase exclusively online from the Company, Ecommerce Services comprising Products that last for the Ecommerce Term.
10.4 PAYMENT OF FEE
10.4.1 Where an Ecommerce User submits payment of a Fee on the Website in respect of a request for Ecommerce Services, that User enters a binding Agreement with the Company, for the duration of the Ecommerce Term.
10.4.2 The Fee shall be paid by the Ecommerce User using an accepted payments card through the online portal for Ecommerce Services available on the Website. The Fee must be paid in full and in advance of the commencement of the Ecommerce Services.
10.5 ECOMMERCE SERVICES
10.5.1 The Ecommerce User undertakes to provide complete and accurate information in any request for Ecommerce Services, including in relation to any Ecommerce User requirements and any Job Specification. The Ecommerce User shall be responsible for any information placed on the Website pursuant to Ecommerce Services provided by the Company to that Ecommerce User. The Ecommerce User shall indemnify the Company during the Ecommerce Term and at any time thereafter for any loss, expense or damage incurred by the Company as a result of the Ecommerce User’s actions or omissions in connection with its use of the Website, information placed by the Ecommerce User on the Website, the use that it makes of Content provided through the Website or otherwise in connection with this Agreement.
10.5.2 The Ecommerce User shall supervise and control the use of the Website by the Ecommerce User’s employees and any authorised third parties in accordance with the terms of this Agreement.
10.5.3 Where the Ecommerce User deems a jobseeker to be suitable based on the Ecommerce User’s requirements, the Ecommerce User may contact that jobseeker to progress their application only where the jobseeker has provided consent to be contacted, using the method of contact to which the jobseeker has given consent.
10.5.4 The Ecommerce User will acknowledge all applications submitted to it on the Website by all jobseekers. The Company cannot guarantee that any Ecommerce User will recruit successfully using the Ecommerce Services.
10.5.5 The Company will be entitled to refuse delivery of the Ecommerce Services to an Ecommerce User at its discretion, notwithstanding its receipt of the Fee. In the event the Company elects not to deliver the Ecommerce Services to an Ecommerce User, then, subject to Applicable Law, the Company will refund the Fee made by that Ecommerce User in respect of those Ecommerce Services, within 28 working days. Payments made by Ecommerce User are otherwise non-refundable.
10.5.6 The Ecommerce User shall notify the Company promptly if the Ecommerce User becomes aware of any unauthorised access to, use of or copying of any part of the Website, including any Content.
10.5.7 The Company may review the information which the Ecommerce User intends to place or has placed on the Website and reserves the right to refuse to place or may remove, amend or discontinue displaying any information which is in breach of this Agreement, of any Applicable Laws or which it considers in its sole discretion to be contrary to the best interests of the Company. Any Fee paid for Ecommerce Services that relate to such information is non-refundable.
10.6.1 The Ecommerce User will comply with all Applicable Laws, including the Disability Act 2005, the Equality Act 2004 (including all 9 grounds: the gender ground, the marital status ground, the family status ground, the sexual orientation ground, the religion ground, the age ground, the disability ground, the race ground, the traveller community ground) and the applicable data protection law including without limitation the EU Data Protection Directive 95/46/EC and the Electronic Communications Data Protection Directive 2002/58/EC, and from 25 May 2018 Regulation (EU) 2016/679 (“GDPR”), as implemented under applicable national law and as any of the foregoing may be amended, extended or re-enacted from time to time. The Ecommerce User shall indemnify the Company against any losses that arise in connection with any failure by the Ecommerce User, or any of its employees, contractors, agents or other authorised representatives, to comply with the obligations in this section 10.6.1.
10.6.2 If the Ecommerce User breaches any of its obligations in this Agreement, including if the Ecommerce User provides false or misleading information on the Website, or breaches any Applicable Laws, the Company may cease the Ecommerce Services immediately without prejudice to the Company's right to claim damages and other relief. Without prejudice to the indemnity provided in section 10.6.1, the Ecommerce User shall take all reasonable steps to ensure the reliability and trustworthiness of any employees or other of its authorised representatives who have access to personal data of any person that submits information to the Ecommerce User via the Website, or any registered user of the Website.
10.6.3 The Company provides the Ecommerce Services to enable the Ecommerce User to search for suitable potential employee profiles. The Company does not guarantee suitability or availability of potential employees and hereby excludes to the greatest extent permitted by law, and except as expressly set forth in this Agreement, all warranties, conditions, representations, statements, terms and provisions express or implied by statute, common law or otherwise are excluded to the greatest extent permitted by law, in relation to the Ecommerce Services.
10.6.4 Nothing in this Contract will be construed as creating a partnership, joint venture or relationship of employment between the parties for any purpose whatsoever.
11.1 Database and Personal Data. In the use of the Products and Services, the Company provides and has access to, and the Customer will have access to the Recruitment Management System (also known as RMS) (the "Database”) which contains the following types of personal data relating to job applicant’s:- name; email address; CV information (such as applicant’s education, work experience, skills and interests); personal data contained in additional documents that an applicant attaches to a job applicant (“Personal Data”).
11.2 Purpose. The Personal Data is used by the Company to fulfil its obligations to data subjects who are job applicants and/or registered users of the Company and the Customer uses the Personal Data and Database to process the Personal Data for the purpose of hiring potential applicants and managing job applicants.
11.3 Joint Control. Each of the Company and the Customer jointly determine the purposes and means of processing of the Personal Data. Thus, the Parties are joint controllers with regard to such processing and the following clauses shall apply to their respective roles and responsibilities under Applicable Data Protection Law. To the extent either the Company or the Customer process personal data other than Personal Data via the Products and Services or otherwise, each of the Company and the Customer shall be separate data controllers in respect of such processing.
11.4 Joint Processing. The parties will handle all relevant processing of Personal Data jointly.
11.5 Responsibility. The parties will jointly be responsible for their processing of Personal Data in compliance with Applicable Data Protection Law. The Company and the Customer shall jointly ensure that the Personal Data is not otherwise processed without authorization and will restrict access to it on a need-to-know basis.
11.6 Data Protection Notices. The parties agree that it is each party’s responsibility under Applicable Data Protection Law to provide the information under Articles 13 and 14 GDPR regarding its data processing activities in an appropriate and legal manner. The parties shall mutually assist each other using reasonable means.
11.7 Essence of Joint Control Arrangement. The parties agree that it is each party’s responsibility to provide data subjects information on the essence of the parties’ data sharing agreement that is set forth within this Agreement.
11.8 Data Subject Rights. The parties acknowledge that relevant data subjects may have various rights with respect to their Personal Data (“Requests” or a “Request”). In particular, the relevant data subjects may have the right to Request access to and receive a copy of their Personal Data held by the Parties. Furthermore, the relevant data subjects may demand that the parties rectify, erase or restrict their Personal Data if these are incorrect or processed contrary to this Agreement or Applicable Data Protection Law. The relevant data subjects may potentially object, on grounds relating to their particular situation, at any time to processing of their Personal Data vis á vis the parties.
11.8.1 The parties agree that it is each party’s responsibility to answer a relevant data subject Request directed to it in an appropriate and legal manner. The parties shall mutually assist each other using reasonable means in case of relevant data subject Requests. As between the parties, the responsibilities are allocated as follows:
11.8.2 Measures to fulfil the rights of the data subjects The parties acknowledge that data subjects may exercise their rights towards all parties
11.9 Appropriate Technical and Organisational Measures. The Company is responsible to implement appropriate technical and organisational measures to ensure appropriate security for the Personal Data when held on the Database.
11.10 Records of Processing. If applicable, each party shall maintain a record of processing activities under its responsibility and the parties shall mutually provide each other with information necessary for maintaining a record of processing activities.
11.11 Automated Processing. Neither the Company nor the Customer is going to make any decisions based solely on automated processing.
11.12 Personal Data breach. It is each party’s responsibility to provide notification to the relevant supervisory data protection authority and – where applicable – to the affected data subjects in cases of a breach of security leading to the accidental or unlawful destruction, loss alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed (“Personal Data Breach”) to the extent required by Art. 33 and 34 GDPR. The parties will collaborate in this regard as appropriate.
11.13 Data Protection Impact Assessment. The parties acknowledge that data protection impact assessments may be required in respect of their Joint Control of the Personal Data. Each party will carry out an assessment of potential high risks to the rights and freedoms of natural persons that may arise from the Party’s processing of Personal Data. If a data protection impact assessment becomes necessary, the parties shall collaborate in carrying out a data protection impact assessment regarding the joint data controlling processing of Personal Data. Each party remains responsible for the documentation of the data protection impact assessment and the consultation with its supervisory authority, as well as fulfilling potential further legal requirements.
11.14 Third Country Transfers. When transferring Personal Data to third countries, the parties ensure that they will take appropriate measures to secure the Personal Data appropriately in accordance with Data Protection Laws.
11.15 Change Management. Both parties shall, on an ongoing basis, observe changes regarding technical, legal and other concerns, which could affect data protection and data security, and shall accordingly, amend and update their technical, legal and other security practices as appropriate.
11.16 Liability and Indemnity. Subject to Clauses 10.6.3 of the terms and conditions, each party shall remain liable for its processing of Personal Data and any breach by it or its agents or representatives of Applicable Data Protection Law in respect of Personal Data and shall indemnify, keep fully and effectively indemnified and hold harmless the other party for any such breach.
11.17 Costs. Each party shall bear its own costs regarding this Agreement and compliance with the obligations set out in it.
In these Ecommerce Terms, the following terms have the following meaning:
|Ecommerce User||any person or entity who submits a request for any of the Ecommerce Services on the Website;|
|Fee||the agreed once off payment made in advance by the Ecommerce User to the Company on the Website for the Ecommerce Services;|
|Ecommerce Term||the period of time for which the Company provides the Ecommerce Services to the Ecommerce User, being 30 days;|
|Ecommerce Services||in addition to the Website Services, the service provided by the Company to advertise the Ecommerce User’s contract details and recruitment requirement on the Website in accordance with the Content provided by the Ecommerce User, including the retention and storage of job applications received in respect of Ecommerce User vacancies in the Company’s database;|
|Job Specification||means information posted to the Website by an Ecommerce User or a Contract User, about employment, consultant or contractor vacancies on the Website, whether on behalf of that user, or, if a recruitment or consultancy, on behalf of a third party.|
Copyright is implied irrespective of whether a copyright symbol or a copyright statement is displayed. Content on the Jobs.ie website can be downloaded for personal non-commercial use. Where use of other materials is desired the source must first approve and also be acknowledged.
Permission to reproduce the Jobs.ie copyright does not extend to any material on this site which may be the property of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned.
2 PERSONAL DATA WE COLLECT AND PROCESS
3 HOW WE COLLECT PERSONAL DATA ON THE WEBSITE
4 METHODS USED TO COLLECT PERSONAL DATA FROM AND ABOUT YOU
5 HOW WE USE YOUR PERSONAL DATA
7 CHANGE OF PURPOSE
8 DISCLOSURE OF PERSONAL DATA TO OTHERS
9 CV DATABASE SERVICE
10 CUSTOMER CONTROL OF YOUR PERSONAL DATA
11 INTERNATIONAL DATA TRANSFERS
12 DATA SECURITY
13 UPDATING YOUR PERSONAL DATA
14 LINKS TO THIRD PARTY WEBSITES
15 IP ADDRESSES AND COOKIES
16 DATA RETENTION
17 YOUR LEGAL RIGHTS
1.2 The Website and the Jobs.ie Service help people find, advertise, apply for or express interest in vacancies, and provide employment, consultant or contractor related information. Jobs.ie is a controller (as defined under data protection law) and is responsible for your personal data. Provided you do not deactivate our CV Database Service in Your Account, our CV Database Service will make your CV or resume that you upload to your personal profile or include in your response to a Job Specification (defined below) searchable and viewable on the Website to Jobs.ie customers (i.e. direct employers and recruitment agencies who are registered users of the Website) (“Customers”) and searchable and viewable on the IrishJobs.ie and NIJobs.com platforms by customers of Saon Group Limited and NIJobs.com Limited. Jobs.ie, Saon Group Limited and NIJobs.com Limited will jointly control the personal data processed for the CV Database Service, as further described in CV Database Service. In certain circumstances Jobs.ie Customers, and registered customers of Saon Group Limited and NIJobs.com Limited, who receive your job applications and CV or resume will also be a controller of some of your personal data. This is explained more in Customer Control of Your Personal Data .
2 PERSONAL DATA WE COLLECT AND PROCESS
2.1 When registering for a user account, using any Jobs.ie Service and/or browsing the Website, we will collect and gather the following categories of personal data:
2.2 The type of personal data collected and used by us varies depending upon whether you are a registered user of just browsing the Website, or if you use one or more of the Jobs.ie Services.
2.3 We collect, use and share aggregated data such as statistical or demographic data. Aggregated data may be derived from your personal data but is not considered personal data under applicable data protection law as this data does not directly or indirectly reveal your identity.
3 HOW WE COLLECT PERSONAL DATA ON THE WEBSITE
3.1 In order to apply for a job through the Website and to use our CV Database Service, you will need to register an account with Jobs.ie, which will involve you giving us your Identity, Contact and Profile Data. We will inform you at the time of collecting personal data from you whether you must provide the personal data to use the Website or a particular Jobs.ie Service, or whether the provision of personal data requested by us is optional (e.g. providing your personal or professional interests and experiences with our products or services is optional).
3.2 It is not necessary to register a user account in order to search and view job advertisements, view company profiles or access career advice articles on the Website. However, we will receive Technical Data and Usage Data when you browse the Website. This is further explained below.
4 METHODS USED TO COLLECT PERSONAL DATA FROM AND ABOUT YOU
4.1 Direct interactions:You may give us your Identity, Contact, Profile, Financial (Customers only), Marketing and Communications Data by populating your online profile, changing details in Your Account, filling in online forms or by communicating with us. If you are a registered user who applies for an advertised job via the Website, we and the relevant Customer will receive your application and personal data associated with it. The personal data we receive from direct interactions with you includes personal data you provide when you:
4.2 Automated technologies or interactions: As you interact with the Website, we collect Technical Data and Usage Data including details of your device, browsing actions and patterns, searches, job advertisements viewed, traffic data, web logs and other communication data and the resources that you access. We collect this personal data by using cookies, tracking codes, server logs and other similar technologies. We may also receive Technical Data about you if you visit other websites employing our cookies.
4.3 Third parties: We may receive personal data about you from various third parties as set out below:
5 HOW WE USE YOUR PERSONAL DATA
5.1 Customers post information about employment, consultant or contractor vacancies on the Website, whether on their own behalf or, if a recruitment or consultancy, on behalf of third parties (“Job Specifications”). These Job Specifications can then be accessed and read by other users of the Website. You can search for registered Customers, whether they are direct employers or agencies. Jobs.ie does not vet or monitor the Job Specifications and is not responsible for the data protection practices of Customers.
5.2 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
5.3 Generally we do not rely on consent as a legal basis for processing your personal data. If we do rely on your consent to process your personal data this will be made clear to you at the time, and you have the right to decline to provide us with your consent and to withdraw your consent at any time by contacting us.
5.4 We do not request from you and we request you do not provide any special categories/sensitive personal data (e.g. personal data relating to racial or ethnic origin, political or religious opinions, membership of a trade union, physical or mental health or condition or sexual life or orientation). This type of personal data is subject to special protections under EU law.
5.5 We may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your personal data. Please contact us using gdpr@Jobs.ie if you need details, in addition to those set out below, about the specific legal ground we are relying on to process your personal data.
5.6 We use your personal data in the following ways:
5.6.5 We will collect and use Profile, Technical and Usage Data for data analytics purposes to improve the Website, products/services, marketing, user/Customer relationships and experience. This involves building a profile of your interests based on the job specifications you have interacted with in the past 45 days. This is necessary for our legitimate interest to ensure that Website content is presented in an effective manner for you and for your computer/device.
5.6.7 We collect and use Technical, Usage and Profile Data for data analytics purposes to build an understanding of the sort of jobs registered users of the Website are most interested in by learning from the jobs you view and apply for to tailor the jobs we present to you. Our understanding of the jobs you might like will adapt and change as it is based on the job content you interact with over a rolling 45 day period. This will involve profiling. This is necessary for our legitimate interest to ensure registered users are informed of roles relevant to them which in turn improves our service;
5.6.9 We will collect and use Identity, Contact, Technical, Usage, Profile Data and Marketing and Communications Data to send you career support and advice emails from Jobs.ie and job and training opportunities from trusted third party partners that you request from us or which we feel may interest you, but only where you have consented to be contacted for such purposes. This processing of your personal data is based on your consent and our legitimate interests to direct market, develop our products/services and grow our business.
5.6.13 We will collect and use Identity; Contact and Technical Data to administer and protect our business and the Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data) which is necessary (i) for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise) and (ii) to comply with a legal obligation;
6.2 You will receive marketing communications from us if you have requested information from us or purchased services from us or if you provided us with your details when you entered a competition or registered for a promotion and, in each case, you have not opted out of receiving that marketing.
6.3 You can opt out of any marketing communications from us at any time by accessing “Account Settings” in “Your Account” of the Website and updating your notification settings or by using the “Unsubscribe” function at the bottom of the marketing email we send you.
7 CHANGE OF PURPOSE
7.1 We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
7.2 Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
8 DISCLOSURE OF PERSONAL DATA TO OTHERS
8.2 We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our Service Providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions. Unless prevented by applicable law, we will notify you when your personal data may be provided to third parties in ways other than explained above, and you may have the option to prevent such sharing at the time that we notify you.
9 CV DATABASE SERVICE
9.1 The Jobs.ie Service includes the CV Database Service as a core service, which makes registered users’ CVs and resumes searchable and viewable by Jobs.ie Customers and customers of IrishJobs.ie and NIJobs.com. You can deactivate this service by accessing “Account Settings” in “Your Account” of the Website. You can reactivate this service at any time through the same settings.
9.2 All registered users can upload their CVs and resumes to their personal profile on the Website, and can submit their CVs and resumes when responding to a Job Specification. By doing so, their CV or resume will be viewable and searchable by Jobs.ie Customers and customers of IrishJobs.ie and NIJobs.com unless the registered user chooses to deactivate the CV Database Service. If a user deactivates the CV Database Service, their CV or resume will remain in their personal profile but will not be used for the CV Database Service unless that service is reactivated by the user.
9.3 The personal data necessary to provide you with the CV Database Service, which typically relates to your Identity, Contact and Profile Data, will be jointly controlled (as described in Article 26 GDPR) by us, Saon Group Limited (Irish registered company with company number 260762 and registered office is at South Block, The Malt House, Grand Canal Quay, Dublin 2, Ireland) and NIJobs.com Limited (Northern Irish registered company with company number NI038474 and registered office is at 3rd Floor Rose House, 2 Derryvolgie Avenue, Belfast, BT9 6FL, Northern Ireland). We have arrangements in place intended to ensure your personal data is only used by each joint controller in accordance with our privacy policies.
10 CUSTOMER CONTROL OF YOUR PERSONAL DATA
10.2 If a Customer to whom you or we have disclosed any of your personal data downloads or copies the personal data to a medium other than our Website, Jobs.ie will no longer jointly control this personal data. Such data will be subject to the Customer's own data protection and privacy practices. If you wish to understand the Customer's data protection and privacy practices please contact the Customer directly. You will be able to exercise your Data Protection Rights directly with the Customer.
11 INTERNATIONAL DATA TRANSFERS
11.2 We will provide you on request a list of the countries located outside the EEA to which personal data may be transferred, and an indication of whether they have been determined by the European Commission to grant adequate protection to personal data. Where applicable, you are entitled, upon request to receive a copy of the relevant safeguard (for example, EC model contractual clauses) that has been taken to protect personal data during such transfer.
12 DATA SECURITY
12.1 Jobs.ie is committed to protecting the personal data you provide us. To prevent unauthorised access or disclosure of personal data under our control, Jobs.ie has appropriate security management systems in place to safeguard the personal data we collect. Firewalls, intrusion detection and virus scanners are used on all parts of the Website. Encryption during transmission is also used on sections of the Website where security is particularly important.
12.2 While Jobs.ie makes reasonable efforts to protect all personal data, no data transmission over the Internet can be guaranteed to be 100% secure. As a result Jobs.ie cannot ensure or warrant the security of any personal data you transmit to us, you do so at your own risk. You acknowledge that we are not responsible for any intercepted information sent via the Internet, and you hereby waive, release and discharge us from any and all claims arising out of or related to the use of intercepted information in any unauthorised manner.
12.3 Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Website, you are responsible for keeping this password confidential. You must not to share your Website password with anyone.
12.4 When you disclose personal data, or request us to make your personal data available, to Customers on the Website (e.g. by submitting a CV to a Customer using the Website) that personal data will be used by the Customer for its own purposes (e.g. to contact you, arrange an interview, review your suitability for a particular position) and such third party purposes and activities are beyond our control.
13 UPDATING YOUR PERSONAL DATA
13.1 It is important that the personal data we hold is accurate and current. Please keep us informed, using the Your Account section of the Website or alternatively let us know by using the Contact Us information below if any of your personal data changes during your relationship with us. It is your responsibility to keep your personal data up to date at all times.
14 LINKS TO THIRD PARTY WEBSITES
14.1 Jobs.ie vacancy advertising clients are given the option to have a profile page on the Website. This includes information related to their company such as: company logo, contact details, company profile, web address and related links. This information is disclosed for your convenience and information, however if you access some of the links and web addresses disclosed on these pages, you will leave our Website.
14.2 The Website contains links to and from the websites of our partner networks, Customers, advertisers and affiliates as well as third party websites to which we have no affiliation. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these websites or their policies.
15 IP ADDRESSES AND COOKIES
15.1 We may collect information about your computer, including (where available) your IP address, operating system and browser type, for system administration and statistical purposes.
15.2 For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. On revisiting the Website our computer server will recognise the cookie, giving us information about your last visit. They help us to improve the Website and to deliver a better and more personalised service. They enable us:
For information on how to control your cookies go to allaboutcookies.
When you visit the Website, we check if you have provided consent in the last 6 months. If you have not provided consent in the last 6 months, then we display a cookie consent banner and ask for your consent and only trigger necessary cookies and similar tracking technologies until consent is provided. If you provide consent for all cookies and similar technologies in the last 6 months, then we trigger all cookies and similar tracking technologies for 6 months from when this consent was provided.
16 DATA RETENTION
16.1 We retain personal data for no longer than is allowed under data protection law and, in any case, no longer than such personal data is necessary for the purpose for which it was processed. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure, the purposes for which we process personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
16.2 As a registered user of the Website we will retain your Identity, Contact, Profile, Technical, Usage, Marketing and Communications Data for as long as your user account is live. We retain the personal data you provide while your account is in existence or as needed to provide you access to the Website and any Jobs.ie Service you have used. Even if you only use the Website or any other Jobs.ie Service occasionally, we will retain your Identity, Contact, Profile, Technical, Usage, Marketing and Communications Data until you decide to close your user account. In some cases we retain certain Usage Data (e.g. visitor and application statistics in a depersonalized or aggregated form). Also, we retain personal data for longer if required by applicable law or regulation or justified under applicable statutory limitation periods.
16.3 If you respond to a Job Specification, upload your CV or resume to your personal profile and your profile is set to public or provide it to a Customer or otherwise communicate with Customers via the Website a copy of your job application, CV or resume and a record of the communication will be held on the Customer’s user account. The copy of your job application CV or resume and record of communication will remain on the Customer's user account for no more than 18 months after the job specification has been archived. We will delete that copy of your application, CV or resume and record of communication from the Customer’s user account 18 months from the date the job specification is archived, unless you have exercised Your Legal Rights of erasure of that personal data before this. Details of all the job applications you make through the Website can be viewed by you in Your Account.
17 YOUR LEGAL RIGHTS
17.1 Under certain circumstances you have rights under applicable data protection law in relation to personal data, namely:
17.2 Regarding your right to have your personal data erased, you can delete your user account with Jobs.ie at any time. Deleting your user account deletes records of job applications sent, CVs and cover letters stored in your account, your profile, saved jobs and job alerts. Once your user account is deleted, it is gone forever and cannot be restored. Some personal data however may still be stored and visible in other places on the Website. For example, if you have applied for a job, your application information including your name, email, CV and cover letter may still be visible to the Customer in their user account on the Website. We will endeavour to contact Customers we know who have accessed your personal data within the previous 18 months and inform them of your request to erase your personal data.
17.3 You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
17.4 In order to exercise one or more of your rights in respect of your personal data, you can do so from the Account Settings option in Your Account on the Website. Alternatively, please contact us at gdpr@Jobs.ie. We will respond to your request(s) as soon as reasonably practicable, but in any case within the legally required period of time.
17.5 You have the right to make a complaint at any time to the Data Protection Commission, the Irish supervisory authority for data protection issues (https://www.dataprotection.ie). We would, however, appreciate the chance to deal with your concerns before you approach the Data Protection Commission so please contact us in the first instance at gdpr@Jobs.ie