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TERMS OF USE

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        USERS, YOUR AGREEMENT AND PRIORITY

1.1      These terms of use together with our Privacy Policy comprise the “Terms of Use”. In the event of a conflict between these terms of use and the terms of the Privacy Policy, the terms of the Privacy Policy will prevail. The Terms of Use shall apply to the use of the Website by any visitor, jobseeker, recruiter, registered user or unregistered user of the Website (each a “user”, “you” or “your”) as follows:

1.1.1      If you are a visitor, jobseeker, recruiter, registered user or unregistered user of the Website other than a Contract User or an Ecommerce User, these Terms of Use and any other terms and conditions referred to in them comprises your Agreement with us and the term Agreement shall be construed accordingly throughout these Terms of Use.

1.1.2      If you are a Contract User these Terms of Use form part of your agreement with us, which comprises, in the following order of priority in the event of a conflict:

1. the Contract Form;
2. the Terms and Conditions; and
3. these Terms of Use and any other terms and conditions referred to in these Terms of Use, and the term Agreement shall be construed accordingly in these Terms of Use.

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. the Ecommerce Terms; and
2. these Terms of Use, and the term Agreement shall be construed accordingly in these Terms of Use.
3. these Terms of Use and any other terms and conditions referred to in these Terms of Use, and the term Agreement shall be construed accordingly in these Terms of Use.

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.

1.3      When you access or use our Website you conclude a legally binding agreement, comprising the Agreement, based on these Terms of Use and any other terms and conditions referred to in the Terms of Use, with the Company.

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

1.5      We reserve the right to update these Terms of Use (including any Website Services or Products) at any time with or without notice to you. Users are responsible for regularly reviewing the Website to receive such changes. Your continued use of the Website, and the Website Services after changes are posted constitutes your acceptance of the Agreement, including the updated Terms of Use.

1.6      Other than the Terms of Use, if we wish to change any terms and conditions in your Agreement with us, we will provide you with 30 days’ notice of the change(s) we intend to make. If upon the expiry of 30 days following our provision of this notice we do not receive a written response from you indicating that you do not agree to the proposed change(s), the change will have effect from the date notified by us.

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        CHANGES TO THE WEBSITE AND WEBSITE CONTENT

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        OTHER WEBSITES AND RESOURCES

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        YOUR USE OF THE WEBSITE AND YOUR LIABILITY

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

4.2.1      We are committed to safeguarding your privacy online. Please refer to our Privacy Policy for full details of our firm commitment to privacy.

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        OUR LIABILITY

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.

5.5      The Company does not endorse and is not responsible for any opinion, advice, information, or statement contained in the User Content. To the fullest extent permitted by law, the Company shall under no circumstances be liable for any use, misuse of or reliance upon, any User Content, for any claim made in relation to these Terms of Use, or for any damages, whether direct, indirect, incidental, consequential, special or punitive, and whether arising from use, misuse or reliance upon the User Content, from damage caused by information contained in the User Content or to damages incurred by reason of use of any links provided within the User Content. We expressly exclude our liability for any loss or damage arising from the use of the Website and/or Website Services by a user in contravention of our Agreement, whether the Website and/or Website Services are moderated or not. Any action that we might take in respect of a user or regarding Content, for example, deletion, editing or declining to publish, is neither an admission of liability on our part nor an indication of the breach or otherwise of any standard, Legal Provision or term by a user. Where we do moderate the Website and/or Website Services, we will normally provide you with a means of contacting the moderator or an administrator, should a concern or difficulty arise.

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        JURISDICTION AND INVALIDITY

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        ENSURING QUALITY OF CONTENT

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

1. The title of a job advertisement must accurately reflect the job’s description. It is to no-one’s advantage if a jobseeker has to click on the title of a job advertisement unnecessarily, only to find that the job description does not match.
2. Job advertisements should not use excessive CAPITAL LETTERS or **** Punctuation!!!!
3. Avoid generic job advertisement titles such as “TEMPS, TEMPS, TEMPS” or “Legal, Legal, Legal”.
4. Job advertisement titles and descriptions should not contain excessive use of search keywords which would disproportionately affect the position of your job advertisement in the search rankings.
5. Hidden or “white text” included in job advertisements or otherwise on the Website is prohibited.

7.3.2      JOB ADVERTISEMENT USAGE

1. Job advertisements perform best if they are allowed to remain on the Website for 30 days from the date they are first uploaded, ensuring the best possible response. Job advertisements will automatically expire after 30 days.
2. Job advertisements must stay live on the Website for such minimum period of time as may be determined by the Company at our discretion. This is to ensure that jobseekers who receive your job advertisements by email will not find a job to have expired during that timeframe. The Company retains the right to amend the minimum live duration required in respect of jobs advertised on the Website.
3. Each job may be advertised once only. Posting duplicate or similar job advertisements that relate to the same job provides unrealistic search results and is deeply frustrating for jobseekers. Advertisement of the same job twice, at the same time, is prohibited, including where the description of the job is changed or rephrased.

7.3.3      FILLED ROLES & CV COLLECTION

1. If the job being advertised has been filled, the job advertisement must be removed as soon as possible.
2. If you are recruiting in order to build a panel of CVs for a job that is available from a certain date in the future but that is not vacant on the date the job advertisement is posted, this must be made clear to the jobseeker in the job description.

7.3.4      COST TO JOBSEEKER

1. If there is a cost involved to the jobseeker at any stage in the process of applying for or accepting a job advertised, this must be explained in the job advertisement.
2. If the job advertised offers no basic salary (e.g. if the job operates on the basis of commission only, or is a position registered under or otherwise forming part of a state-sponsored “back-to-work” scheme or similar), this must be clearly stated in the job advertisement. Unpaid internships may not be advertised on the Website.

7.3.5      JOB CATEGORISATION

1. You must ensure that a job is advertised using the correct categories and locations. You may select up to 3 tags to apply to a job advertisement. You may only use tags which accurately describe the job being advertised.

7.3.6      CONTACT DETAILS IN JOB ADVERTISEMENTS

1. You may not include an email address in the job title, job description or anywhere in a job advertisement.
2. You may not include a phone number in the job advertisement, nor include any information which is intended to, or which results in, a jobseeker being led away from the Website as part of their search for a job.
3. You may not include third party URL links outside of the Company profile page or applicant tracking system (“ATS”) application links.

7.3.7      SPECIFICS TO WEBSITES

1. All positions advertised in the graduate category featured in the job listings on the Website must display a maximum requirement of “0-1 years” in the section of the job description entitled “maximum experience required”.
2. All positions advertised in the executive category featured in the job listings on the Website must display a minimum requirement of “6 years” and/or at a minimum a salary of €60,000 in the section of the job description entitled “Minimum Experience Required”. However, we recognise the need for flexibility at the Executive Room level and that you may not always wish to disclose the salary. In the event that this is the case, the following alternative options to describe the applicable salary level are available: "negotiable", "not disclosed" and "see description".
3. You may not include third party URL links outside of the Company profile page or applicant tracking system (“ATS”) application links.

8        OUR PRODUCTS

8.1      PRODUCT DEFINITIONS

8.1.1      Job Ad

1. A “Job Ad” is a job advertisement in respect of a single job vacancy.

8.1.2      Slot

1. A “Slot” is the advertising space on the Website to which a direct employer Job Ad may be uploaded. Slots are available to direct corporate employers. A subscription for a Slot may be purchased for a defined period of time, for example twelve months. The period of time which will apply to a particular Slot is set out in your Contract Form. One Job Ad may be uploaded to a Slot for a 30 day period, which commences on the date the Job Ad is uploaded to the Slot. If a Job Ad is removed from a Slot before the 30 day period applicable to that Job Ad has expired, a new or replacement Job Ad cannot be uploaded to that Slot until the 30 day period applicable to the original Job Ad has expired.

8.1.3      Job Credit

1. A Job Credit is the single use advertising space on the Website to which a Job Ad may be uploaded. Job Credits are available to recruitment agency customers. Each job credit allows you to post one job for 30 days. Credits can be used at any point within the subscription start date and end date, and can be used to post a new job or renew an existing job for an additional 30 days.

8.1.4      Refresh/Update

1. The “Refresh/Update” function is designed to boost a Job Ad which is already live on the Website. A Refresh/Update may be applied to a Job Ad at a maximum frequency of once in its 30 day life cycle. The frequency with which a Refresh/Update is available to users is at the discretion of the Company.

8.1.5      Highlight Job

1. The "Highlight Job" function refers to a functionality of the Website whereby a Job Ad is made more prominent than other Job Ads appearing in a given search result listing, for a set period of time.
2. The period of time during which the Highlight Job function is applied to a Job Ad is at the sole discretion of the Company and can be changed at any time without notice.

8.1.6      Promoted Job

1. A "Promoted Job" is a dedicated space within each industry category on the Website, which allows a specific Job Ad to be anchored at the top of a given search results listing within a specified category, for a set period of time. The Promoted Job functionality is not exclusive to any user and a Promoted Job will be shown in rotation with other Promoted Jobs during the applicable set period of time, if more than one user is availing of the Promoted Job functionality within a specific category at the same time. The duration of the set period of time applicable to any Promoted Job is at the sole discretion of the Company.

8.1.7      Job Alert

1. A "Job Alert" refers to an email communication that may be sent to recipients who have opted to receive it. A Job Alert comprises a list of Job Ads which relate to the type of vacancies specified as being of interest to the recipient. The ‘Job Alert’ function is made available to you on an automated basis at the sole discretion of the Company, during the period of time immediately after Job Ads are first uploaded to the Website.

8.1.8      Performance Boost

1. A "Performance Boost" is an additional job alert product included in product offerings to corporate users only. Job Ads to which the Performance Boost function is applied, are included in a second Job Alert email to a given recipient a set number of days after the initial Job Alert was sent to that recipient. A Performance Boost Job Ad will be listed in a highlighted section entitled: "Jobs you might have missed".

8.1.9      Sponsored Job Alert

1. A "Sponsored Job Alert" refers to a banner advertisement embedded in a Job Alert, which includes a link directing recipients to your Job Ad on the Website. You may target a chosen demographic of recipient using this product, only where criteria on which the demographic is based have first been agreed with the Company. Features of the Sponsored Job Alert include the following:
   • a Sponsored Job Alert must be purchased separately in respect of separate industry categories, and will be sent to registered jobseekers within that category;
   • a Sponsored Job Alert is exclusive to you for the period purchased, associated banner advertisements will be limited to your Job Alert only; and
   • the banner advertisement which comprises the Sponsored Job Alert must be designed and submitted by you and is subject to the Company’s approval.

8.1.10      HTML Mailer

1. A "HTML Mailer" refers to a one page email document which can be sent to a targeted group of recipients, only where criteria on which the demographic of that group is based have first been agreed with the Company. All content within a HTML Mailer is subject to prior approval by the Company and is subject to availability of this product, to be determined by the Company.

8.1.11      We're Hiring

1. The "We're Hiring" product offers additional advertising space on the Website homepage, which highlights your company profile to selected traffic based on a jobseeker's cookie profile. Features of the We're Hiring product include the following:
   • “We're Hiring” spaces are not exclusive to you. Your "We're Hiring" advertisement may be displayed in rotation where more than one user is availing of this product in relation to a specific category of Job Ads at the same time; and
   • the link embedded behind a “We’re Hiring” section must link to a page on the Website.

8.1.12      Display Advertising

1. The "Display Advertising" product comprises banner advertising which may be displayed across certain sections of the Website. This product is displayed on the Website in the form of leaderboard or MPU (“Mid Page Unit”) advertising formats. Links from Display Advertising must always link to a page on the Website.

8.1.13      Saongroup.com Ireland Database (Group made up of IrishJobs.ie. Jobs.ie and NIJobs.com)

1. The “CV database” product allows the Saongroup.com Ireland Customer to access and use any information submitted by jobseekers agreeing to make their profile visible on the CV Database, subject to the terms of the Privacy Policy.

9        DEFINITIONS AND INTERPRETATION OF TERMS OF USE

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;
Privacy Policy	the Website privacy policy published on the Website from time to time;
Products	the products listed under section 8 of these Terms of Use, as described in that section from time to time
“user”, “you” and “your”	any visitor, jobseeker, recruiter, registered user or unregistered user of the Website including a Contract User and an Ecommerce User, as applicable in accordance with these Terms of Use;
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        ECOMMERCE TERMS AND CONDITIONS

10.1      The terms and conditions in this section (the “Ecommerce Terms”) form part of the Terms of Use and apply only in relation to the Ecommerce Services (as defined below) which are requested by an Ecommerce User. The Ecommerce Terms will apply for the duration of the Ecommerce Term, in addition to the remaining Terms of Use.

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.

10.3      Where there is a conflict between the Ecommerce Terms and the Terms of Use, the Ecommerce Terms will prevail, followed by the Terms of Use.

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      LIABILITY

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        11. DATA PROTECTION OBLIGATIONS FOR ECOMMERCE CUSTOMERS

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:

1. Regarding the right of access (Art. 15 GDPR) and the right to data portability (Art. 20 GDPR) the Company is responsible regarding the data which the Company is able to access. The Customer is responsible regarding the Personal Data, which the Customer adds, which means the status of the relevant data subject’s application.
2. The Company is responsible regarding the right to rectification (Art. 16 GDPR), the right to erasure (Art. 17 GDPR) and the right to restriction of processing (Art. 18 GDPR) and the right to object to processing (Article 21 GDPR).

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

• All applications older than 18 months will automatically be deleted from the Database.
• Job applicants can request to have their Personal Data erased from the Database. Functionality is furnished to job applicants in their Jobseeker Account page to direct such requests to the Company. On receipt of such a request their jobseeker account and entire job application history will be deleted along with any applications stored in the Database. The Company will inform the Customer of the request for erasure in the event it relates to a job application that is less than 18 months old.
• Job applicants can request access to all of their personal data stored by the Company and to have this data provided in a machine readable format. Functionality is furnished to job applicants in their Jobseeker Account page to direct such requests to the Company.

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.

12        ECOMMERCE DEFINITIONS

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.

13        COPYRIGHT STATEMENT

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.

 

 

Privacy Policy

This Privacy Policy is provided in a layered format so you can click through to the specific areas set out below.

1 ABOUT OUR PRIVACY POLICY
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
6 MARKETING
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
18 CHANGES TO OUR PRIVACY POLICY
CONTACT US

We at Jobs.ie care about your privacy and we respect your privacy rights. Jobs.ie has created this Privacy Policy to demonstrate our firm commitment to your privacy.

The following outlines this commitment to users of our Website (as defined below) as we want to be able to provide everyone with a user experience that is safe and secure. Jobs.ie endeavours to ensure that any personal data you give us via our Website remains private and is used only for the purposes outlined in this Privacy Policy.

By using the Website and/or the Jobs.ie Service, you acknowledge the collection and use of your personal data as outlined below. This version of our Privacy Policy was last updated on 17/03/2021.

1 ABOUT OUR PRIVACY POLICY

1.1 Our website JOBS.IE which includes any webpage containing this domain name, including any page that is enabled for use by a mobile device or any webpage redirected from another domain name (the “Website”) and the services provided on the Website (for a more complete description of the services see our Terms of Use) (the “Jobs.ie Service”) are operated by Jobs.ie Limited trading as Jobs.ie, South Block The Malthouse, Grand Canal Quay, Dublin 2, Ireland (“Jobs.ie”, “we”, “us” and “our”).

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 .

1.3 This Privacy Policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us and your rights in relation to your personal data. If you are a Customer, this Privacy Policy supplements any data protection provisions contained in our contract with you and is not intended to override them. Please read the following carefully to understand our views and practices regarding your personal data, how we will treat it and your data protection rights. The Website and the Jobs.ie Services are not intended for children and we do not knowingly collect personal data relating to children.

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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:

• 2.1.1 Identity Data such as first name, surname, gender, date of birth.
• 2.1.2 Contact Data such as address, e-mail address, telephone number.
• 2.1.3 Profile Data such as your username and password, personal data contained in resumes/CVs and cover letters, employment details, education history, eligibility to work, salary expectations, job applications made by you, your interests, preferences, feedback, company ratings and survey responses.
• 2.1.4 Financial Data such as for Customers only, your payment card details, bank details, VAT number, information about payments to and from you and other details of services you have purchased from us.
• 2.1.5 Technical Data such as internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Website.
• 2.1.6 Usage Data such as information about how you use the Website and Jobs.ie Services.
• 2.1.7 Marketing and Communications Data such as your preferences in receiving marketing communications from us and third parties and your communication preferences.

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.

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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.

3.3 Where we need to collect personal data by law, or under the terms of a contract we have with you (e.g. Terms of Use) and you don’t provide that personal data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with the Jobs.ie Service). In this case, we may not be able to provide all or part of the relevant service.

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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:

• 4.1.1 apply or subscribe for our Website or other Jobs.ie Service;
• 4.1.2 create a user account on our Website and when you add to and manage your personal profile;
• 4.1.3 contact or communicate with us and/or Customers via the Website or other Jobs.ie Service;
• 4.1.4 submit responses to Job Specifications (defined below);
• 4.1.5 submit responses to surveys or polls, provide feedback, rate companies or make available any other content on the Website;
• 4.1.6 request marketing communications to be sent to you;
• 4.1.7 make your resumes or CVs available on the Website for third parties to browse in connection with employment, consultant or contractor positions;
• 4.1.8 as a Customer, where you save or download a resume or CV from the searchable CV Database Service.

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:

• 4.3.1 Identity, Contact and Profile Data from Saon Group Limited and NIJobs.com Limited if you use the CV Database Service provided by one or both of them and your profile is set to public;
• 4.3.2 Technical Data from providers such as Google Analytics, Adobe Analytics, Adjust and HotJar;
• 4.3.3 Contact, Financial and Transaction Data from providers of technical, payment and delivery services such as Realex, Oracle Commerce Cloud, Stripe, Elavon, Docusign, Intercom and Lead Forensics;
• 4.3.4 Contact and Profile Data from providers such as Survey Monkey and Thomas International;
• 4.3.5 We use a Facebook fanpage at Jobs.ie. Facebook provides Page-Insights for that fanpage to us. Page-Insights are aggregated data, which allow us to understand how users interact with our fanpage. Page Insights can be based on personal data which is collected in relation to a visit of or an interaction with our fanpage and its content by users. Facebook Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland (“Facebook Ireland”) and we are joint controllers in the sense of Art 26 GDPR for the processing of Insights data and we have entered into an arrangement with Facebook Ireland which you can find at https://www.facebook.com/legal/terms/page_controller_addendum. Legal basis for our use of the fanpage and Page-Insights is a legitimate interest in the sense of Art. 6 para 1 f GDPR, in relation to the fanpage that means the use of Facebook as channel of communication about our company and in relation to Page Insights the better understanding of the interests of visitors of our fanpage so that we can specifically serve these interests.

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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:

• 5.2.1 Where we need to perform the contract (e.g. the Terms of Use) we are about to enter into or have entered into with you.
• 5.2.2 Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• 5.2.3 Where we need to comply with a legal or regulatory obligation.

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:

• 5.6.1 We will collect and use your Identity, Contact, Profile and Financial Data (Customers only) to register you as a new user of the Website or to register Customers. This is necessary in order to perform our contract (e.g. Terms of Use) with you.
• 5.6.2 We will collect and use your Identity, Contact and Profile Data to provide Customers with the information that you submit to the Website in response Job Specifications. This is necessary in order to perform our contract (e.g. Terms of Use) with you. Details of your application for a Job Specification will only ever be shared with the Customer advertising the role. It will never be shared with any other Customer.
• 5.6.3 If you use the CV Database Service and your profile is set to public we will process your Identity, Contact and Profile Data to:
• (a) maintain this personal data in our database of searchable and viewable CVs and resumes ("CV Database");
• (b) display your CV or resume and associated personal data for our Customers and customers of Saon Group Limited and NIJobs.com Limited, so that our Customers and their customers are able to evaluate whether you are a suitable candidate for a vacant position (whether or not a Job Specification);
• (c) identify and create a profile of the key information you disclosed in your CV or resume, which we will use for our internal administration purposes to manage the CV Database, to enhance your personal profile and to match your CV or resume to relevant Job Specifications. This processing involves profiling, the consequence of which is that the key personal data we identify from your CV or resume will be used to enhance the likelihood of a Customer, and customers of IrishJobs.ie and NIJobs.com, considering you for a Job Specification]; and
• (d) identify from your CV or resume key skills based on your current role and job title contained in your CV or resume, which we will use to match your CV or resume to relevant Job Specifications. This processing involves automated decision making, including profiling, of the kind referred to in Article 22 GDPR. The logic of this processing involves assumptions based on information you submit with your CV or resume, but which you can change at any time by accessing “Account Settings” in “Your Account” of the Website where you can change the key skills we selected on your behalf. You can contact us at gdpr@Jobs.ie if you need our assistance with this.

The processing described in this section 5.6.3 is necessary in order for us to perform our contract (e.g. Terms of Use) with you, and in respect of sub-sections (a), (b) and (c) is necessary for our legitimate interest to increase the possibility of registered users gaining employment which in turn improves the Jobs.ie Service. You will be able to control the type of personal data about you which will be processed in this way by accessing “Account Settings” in “Your Account” of the Website.

5.6.4 We may promote your CV or resume to a Customer where we believe your CV is a good match to a vacant position. This matching will be based on a profile of the job specifications you have interacted with recently. This processing is necessary in order for us to perform our contract (e.g. Terms of Use) with you. You will be able to control the type of personal data about you which will be displayed in this way through your “Your Account” page of the Website.

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.

5.6.6 We collect and use Identity, Contact, Technical, Usage and Profile Data and Marketing and Communications Data to send registered users of the Website Job Alerts and Instant Job Alerts by email to help with your job search. 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 (i) in order for us to perform our contract (e.g. Terms of Use) with you; and (ii) for our legitimate interest to ensure registered users are informed of roles relevant to them which in turn improves our service. To facilitate your ease of use of the Website across multiple devices, Job Alerts by email include a personalised link which will recognize you when you visit the Website by clicking on a link in the email. This makes it easy for you to apply for jobs as your name, email address, and link to your last used CV will automatically be populated in the Job application form. As Job Alert emails are personalised to you, it is important that you do not share these email links with other people or post them on social media. You are responsible for maintaining the security of these personal Job Alert email links. Sharing personalised Job Alerts could result in somebody inadvertently applying for a job in your name.

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;

5.6.8 We will collect and use Identity, Contact, Technical, Usage, Profile Data and Marketing and Communications Data to communicate to registered users of the Website via email about similar products or services from Jobs.ie that will assist with your job search. This is necessary in order for us to perform our contract (e.g. Terms of Use) with you.

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.

5.6.10 We or a registered Customer may use your Identity and Contact Data to contact you where you are a registered user or if you have responded to a Job Specification. This is necessary for us to perform our contract (e.g. Terms of Use) with you and our legitimate interest to perform services for Customers.

5.6.11 We will collect and use Identity, Contact, Profile, Technical and Usage Data to allow you to participate in interactive features on the Website and one or more Jobs.ie Services, when you choose to do so. This is necessary for us to perform our contract (e.g. Terms of Use) with you.

5.6.12 We will collect and use Identity, Contact, Profile, Marketing and Communications Data to manage our relationship with you which will include notifying you about changes to our Website, the Jobs.ie Service, Terms of Use, Cookie Policy and/or Privacy Policy. This is necessary for us (i) to perform our contract (e.g. Terms of Use) with you; and (ii) to comply with a legal obligation.

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;

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6 MARKETING

6.1 We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you. We also work with online advertising partners such as Criteo, Google, Microsoft Bing Ads, LinkedIn and Facebook Ads to show you products, services and offers which may be relevant to you. You have a variety of tools to control the data collected by cookies, web beacons, and similar technologies. For example, you can use controls in your internet browser to limit how the websites you visit are able to use cookies and to withdraw your consent by clearing or blocking cookies. In addition, you can opt out using the following links from companies that adhere to the self-regulatory principles for online behavioral advertising and participate in the opt-out programs established by the Digital Advertising Alliance or the European Interactive Digital Advertising Alliance.

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.

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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.

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8 DISCLOSURE OF PERSONAL DATA TO OTHERS

8.1 Except as set out in this Privacy Policy, we do not disclose to any third party personal data that we collect or you provide to us. We may disclose your personal data to third parties expressly mentioned in this Privacy Policy and the following third parties:

• 8.1.1 Customers to whom you submit job applications via the Website;
• 8.1.2 if you have indicated at registration, or at any time during your time as a user of the Website, that you are happy to receive information or promotions from selected third parties about goods and services which may be of interest to you, we will send you such offers or information. See Marketing above on how to change your preferences;
• 8.1.3 any member of our group of companies, which means our subsidiaries, our ultimate holding company and its subsidiaries, where it is necessary to do so for the provision and administration of the services we provide to you;
• 8.1.4 if you use the CV Database Service and your profile is set to public, we will disclose your CV or resume and the Identity, Contact and Profile Data associated with your CV or resume to Saon Group Limited and NIJobs.com Limited so that your CV or resume will also be publicly searchable and viewable on the IrishJobs.ie and NIJobs.com platforms by their registered customers. This disclosure is necessary to perform our contract (e.g. Terms of Use) with you and is necessary for our legitimate interest to increase the possibility of registered users gaining employment which in turn improves the Jobs.ie Service;
• 8.1.5 we contract with other entities that perform certain tasks on our behalf and who are under our control (“Service Providers”). This is required in order to provide and manage the Website and one or more Jobs.ie Service. Such Service Providers include IT systems suppliers and support, data storage, IT developers, insurance, credit card companies, payment processors, analytics companies, website hosting providers and other service providers;
• 8.1.6 professional advisors such as accountants, auditors, lawyers, bankers, insurers, and other outside professional advisors;
• 8.1.7 third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this Privacy Policy;
• 8.1.8 entities that regulate or have jurisdiction over Jobs.ie. We will disclose your personal data in order to comply with any legal obligation, if we are ordered to do so by a court of competent jurisdiction, law enforcement, regulatory or administrative authorities or in order to enforce or apply our Terms of Use and other agreements, or to protect the rights, property, or safety of Jobs.ie, our Customers, Website users or others. This includes exchanging personal data with third parties for the purposes of fraud protection and credit risk reduction.
• 8.1.9 We also use third party advertisements to support the Website. See Cookie Policy

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.

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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.

9.4 In respect of the CV Database Service, Saon Group Limited and NIJobs.com Limited will process your personal data in accordance with their own privacy policies https://www.irishjobs.ie/about/privacy and https://www.nijobs.com/about/privacy, which replicate the information relating to the CV Database Service contained in this Privacy Policy. Please exercise your data protection rights relating to this jointly controlled personal data by using the Account Settings option in Your Account on the Website. Alternatively, please contact us at gdpr@Jobs.ie.

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10 CUSTOMER CONTROL OF YOUR PERSONAL DATA

10.1 If you respond to a Job Specification, upload your CV/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 the relevant Customer will control the personal data you disclose. This will typically relate to your Identity, Contact and Profile Data. Customers can access this personal data in their Website user account, and so can Jobs.ie. Both Jobs.ie and the Customer will jointly control this personal data, and we have arrangements in place intended to ensure your personal data is only used by Customers in accordance with this Privacy Policy. Please exercise your data protection rights relating to this jointly controlled personal data by using the Account Settings option in Your Account on the Website. Alternatively, please contact us at gdpr@Jobs.ie

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.

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11 INTERNATIONAL DATA TRANSFERS

11.1 Your personal data may be transferred, stored and accessed within the European Economic Area (“EEA”) or transferred to, stored in, and accessed from countries outside the EEA in order to fulfil the purposes described in this Privacy Policy. For transfers to countries outside the EEA, the data protection regime may be different than in the country in which you are located and will therefore be based on a legally adequate transfer method. Whenever Jobs.ie transfers your personal data out of the EEA, we ensure a similar degree of protection is given to it by ensuring at least one of the following safeguards is implemented:

• 11.1.1 Where the country has been deemed to provide an adequate level of protection for personal data by the European Commission. For further details, see European Commission: Adequacy of the protection of personal data in non-EU countries.
• 11.1.2 We may use specific contracts approved by the European Commission which are intended to give personal data the same protection it has in Europe. For further details, see European Commission: Model contracts for the transfer of personal data to third countries.

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.

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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.

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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.

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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.

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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:

• 15.2.1 to estimate our audience size and usage pattern;
• 15.2.2 to store information about your preferences, and so allow us to customise the Website according to your individual interests and make your usage of the Website more enjoyable; and
• 15.2.3 to speed up your searches.

15.3 You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to the Website. You can control the types of cookies we display here. If you opt out of accepting cookies, the functionality of our website may be limited. We deal with specific cookies or similar technology below. You can also learn more about our use of cookies and similar technologies and your choices below.

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.

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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.

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17 YOUR LEGAL RIGHTS

17.1 Under certain circumstances you have rights under applicable data protection law in relation to personal data, namely:

• 17.1.1 Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• 17.1.2 Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• 17.1.3 Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• 17.1.4 Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• 17.1.5 Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• 17.1.6 Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• 17.1.7 Withdraw consent at any time if and to the extent we are relying on consent as the legal basis to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.

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

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18 CHANGES TO OUR PRIVACY POLICY

Any changes we may make to our Privacy Policy in the future will be posted on this page, you may also be notified by email. You should visit this page periodically to review any changes to the Privacy Policy.

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CONTACT US

We have appointed a data protection officer (DPO) who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact the DPO using the following details: The Data Protection Officer, Saon Group Ltd, South Block, The Malthouse, Grand Canal Quay, Dublin 2, Ireland, or alternatively address your query to the Data Protection Officer through gdpr@Jobs.ie. You can also request to delete your account, erase your data, access your data and transfer your data through the Account Settings option in Your Account on the Website.

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