Terms & Conditions

Terms and conditions for Job Seekers

1. The following terms and conditions apply to your use of the FindJobs.com.au Website (the “Jobs Website”) provided by Techsmart Holdings Pty Ltd (“Techsmart” or “we” or “us”):a. the general terms and conditions of the Find Jobs Australia website owned by Techsmart Holdings Pty Ltd (www.techsmartaustralia.com) is available at http://www.techsmartaustralia.com/terms-conditions/

b. the terms of use which are specific to the Jobs Website and which are set out below; and

d. the privacy notice specific to the Jobs Website set out below.

You should read the general terms and conditions as they contain important terms including how we may terminate your access to the Jobs Website.

2. We may change or add additional terms to either the terms of use or the privacy notice specific to the Jobs Website: (i) if we alter the existing services we provide; (ii) if we add new services to the Jobs Website or (iii) if we need to for security, regulatory or legal reasons. We will give you reasonable notice in advance of implementing such changes by making a posting on the Jobs Website. Where the changes are significant we may also choose to email our registered users with the new details. Any changes to the terms of use or the privacy notice will not affect your right to cancel your Jobs Website account with us or to remove your Resume or CV and/ or details from the Jobs Website.

3. By using the Jobs Website you are deemed to have accepted these terms and conditions.

4. These terms and conditions govern your agreement with us for your use of the following services on the Jobs Website

a. the Resume/ CV match Service;

b. the Job Application Service;

c. the Jobmatch Service; and

d. the Jobs by Email Service,

each as defined below. The Resume/ CV match Service, the Job Application Service, the Job match Service and the Jobs by Email Service shall each be a Service and collectively known as the “Services”. These terms shall apply to all of the Services except for where they are expressly stated to apply to one Service only.

5. The Resume/ CV match service is the service provided by us which allows recruiters to view, search, purchase and access Resumes of candidates held on the Find Jobs’ Candidate database via the Jobs Website.

6. The job application service (the “Job Application Service”) is the service provided by us which allows recruiters (or the HR Agency or media buyer for such recruiter) to place their advertisements on the Jobs Website and candidates to apply for those jobs either by:

a. making a job application directly through the Jobs Website;

b. being re-directed to a third party’s website to apply through that website; or

c. requesting an application pack from the relevant recruiter (and then completing that application).

7. The Job match service is the service provided by us through which we will, on behalf of the recruiter, contact suitable candidates (who have agreed to such contact) with details of an advertisement placed by the recruiter on the Jobs Website.

8. The jobs by email service is the service provided by us which allows you to select your preferred job criteria and then receive emails containing details of jobs that fulfil your criteria.

TERMS OF USE SPECIFIC TO THE JOBS WEBSITE:

9. Find Jobs acts in the capacity of an employment agency to help you find the type of work you are looking for. Find Jobs does not effect introductions between recruiters and candidates (or vice versa), and nor does it supply candidates to recruiters. You will not be charged for using the Services.

10. If you register for the Jobs Website, you will be required to provide your email address, a password and your country of residence, which we will store in order to create an individual user account for you. Access to your account on the Jobs Website is via your email address and password, so please keep your password safe and do not disclose it to anyone else.

11. To the extent that you wish us to share your information and Resume/ CV with recruiters you consent to our sharing your Resume/ CV, together with any additional information you provide to us, with the recruiters who use the Jobs Website. This means that you give us:

a. a non-exclusive, royalty-free, worldwide licence of any rights, including intellectual property rights, in your Resume/ CV and any additional information you provide to us on the Jobs Website, to share or otherwise use such CV and additional information as we reasonably require to fulfil the services we provide on the Jobs Website; and

b. the right to grant a perpetual, royalty-free, worldwide sub-licence of any rights, including intellectual property rights, in your Resume/ CV and any additional information you provide to us on the Jobs Website, to recruiters for their recruitment related activities.

Your right to cancel

12. We will retain a copy of your Resume/ CV and any additional information you provide to us until you delete it or close your account with us. If you are a registered user you can also change your privacy settings to set whether your CV is shared with all recruiters, no recruiters or you can select those recruiters that you do not want to share your CV with. Please note that additional recruiters are added all the time so you should check your privacy settings frequently.

PRIVACY NOTICE SPECIFIC TO THE JOBS WEBSITE

Personal Information: Why we collect it and what we collect

13. We collect personal information from you so that we can provide the Services offered to you by the Jobs Website in an efficient and effective manner. The Services available to you will vary depending on whether you have registered with the Jobs Website or not, and whether you decide to upload your CV to the Jobs Website or not.

14. These Services consist of allowing you to search and apply for jobs (the Job Application Service), enabling recruiters to access personal information about you in order to find suitable candidates for jobs (the CVmatch Service) and to notify you of vacancies they or we believe you may be interested in (the Jobmatch Service and the Jobs by Email Service) and similar services which we may introduce in future.

15. The extent to which you make these services available to you will also depend on how you set your preferences, enabling you to tailor your experience of the Jobs Website to suit your needs. More detail on what Services you can access depending on how you choose to use the Jobs Website is set out below.

16. The type of personal information we may collect in order to provide the Jobs Website services includes: your name, address, country of residence, email address, telephone number(s), your nationality, details of your education and working career, personal interests, details of how you use the Jobs Website (including your sending of CVs via it), your IP address and information about the types of vacancies you may be interested in.

Personal Information: How we collect it

17. We collect personal information in the following ways:

a. by obtaining information provided by you: (i) at the point of registering as a user; (ii) by posting material to the Jobs Website (such as your CV, for example); (iii) by storing a copy of your CV and any other information you provide when you send it to a recruiter; or (iv) by completing online requests for application packs; and

b. through the use of data collection devices, such as web beacons and cookies.

What we do with your personal information:

Unregistered use of the Jobs Website

18. You do not have to register with the Jobs Website in order to either search for jobs available or to submit your CV to recruiters for jobs advertised on the Jobs Website. However, if you apply for a job or an application pack on the Jobs Website you must allow us to store a copy of your CV (if applicable) and any other information you provide before we can process your application and/or request. This is required so that recruiters may access your CV and any other information you provide to the Jobs Website via the Jobs Website and is done in order to provide you with a better service. If you do not want us to store your CV and other information then do not send your application or request to the recruiter via the Jobs Website.

19. If you do apply for a job or an application pack without first registering with the Jobs Website then we will store a copy of your CV (if applicable) and any other information you provide to us for no longer than is reasonably necessary. We request that all recruiters do not hold your CV or your details for longer than is necessary and do not use your CV or your details for purposes other than recruitment. Please note however that we are not able to control the storage of your CV or information by recruiters.

20. We will also use your personal information to provide aggregate statistics about our customers, sales, traffic patterns and related site information to reputable third party companies, but please note that these statistics will include no identifying personal information.

Registered use of the Jobs Website

21. When you register with the Jobs Website we will use your personal information to (depending on how you set your preferences):

a. Provide you with an individual account which you can use to send job applications from.

b. Provide you with email alerts from us about jobs which may be of interest to you via our Jobs by Email Service (where you have selected this).

c. Provide you with email alerts relating to our CVmatch Service (where you have selected this).

d. Provide you with email alerts relating to our Jobmatch Service (where you have selected this).

e. Notify you of changes to the Jobs Website.

f. To provide aggregate statistics about our customers, sales, traffic patterns and related site information to reputable third party companies, but please note that these statistics will include no identifying personal information.

g. Where you have consented, to notify you of offers and services provided by Find Jobs.

h. Where you have consented, to notify you of offers provided by third parties who have been screened by the Find Jobs.

22. If you wish to unsubscribe from the marketing services then please contact us

23. If you apply for a job or an application pack on the Jobs Website you must allow us to store a copy of your CV (if applicable) and any other information you provide before we can process your application and/ or request. This is required so that recruiters may access your CV and any other information you provide to the Jobs Website via the Jobs Website and is done in order to provide you with a better service. If you do not want us to store your CV and other information then do not send your application or request to the recruiter via the Jobs Website.

24. If you do apply for a job or an application pack without first registering with the Jobs Website then we will store a copy of your CV (if applicable) and any other information you provide to us for no longer than is reasonably necessary. We request that all recruiters do not hold your CV or details for longer than is necessary and do not use your CV or details for purposes other than recruitment. Please note however that we are not able to control the storage of your CV or information by recruiters.

25. Where you are a registered user and you upload your CV to the Jobs Website or create your CV on the Jobs Website then we will provide the following additional services:

a. A facility to allow recruiters who have registered to the Jobs Website (subject to your preferences) to view your CV in relation to a specific job vacancy you have applied for or jobs that they believe that you may be interested in based on your CV and the other information you provide using the CVmatch Service.

b. Use of a private, secure area on the Jobs Website where you manage your job preferences, manage your privacy requirements and edit or update your CV as required.

c. Use of a “public profile” which can be viewed by anyone (unless you choose to hide your CV) and which will be the first section that a recruiter sees. The public profile should set out information such as the role you are interested in, and indication of the salary you are seeking and your preferred job roles and location. Please note that this public profile may be discoverable through search engines. Do not include your name, contact details or any personal information in this section.

d. The Jobmatch Service (subject to your opt-in) through which we will match job advertisements placed by recruiters to your CV.

e. The CVmatch Service (subject to your opt-in) which will allow us to use our tools to match your CV, and the preference information you provide, to specifications required by recruiters

f. Storage of your CV on our Jobs Website database until such time that you choose to delete it or to close your account with us.

g. The option to hide your CV from all recruiters. This will keep your CV on our database but will prevent recruiters from viewing it until such time that you decide to allow access to it.

26. You can adjust your preferences at any point by going to your CV profile page.

27. Where we share your CV or other personal details with recruiters we request that they do not hold your CV for longer than is necessary and do not use your CV for purposes other than recruitment.

Deletion of your CV / Closing your account with us

28. Where you choose to delete your details and/ or CV we will not retain a copy of it on our database and it will not be made available to recruiters. Please note however we are not able to control the storage of your details and/ or CVs by recruiters.

29. If you wish to close your individual account with us or remove your details then please contact us.

Problems with the Jobs Website

30. If you experience any problems with the Jobs Website or wish to make a complaint about the Jobs Website, any of the Services available on the Jobs Website or any recruiters who you feel are abusing the service we provide then please contact us.

31. The Find Jobs is concerned for the privacy of visitors to its web sites. The protection of your personal information is extremely important to us. However, please remember that the security of information transmitted over the Internet cannot be assured.

Summary of your rights under the Data Protection Act 1998

32. The Jobs Website is owned by the Find Jobs. For the purposes of the Data Protection Act 1998, the Find Jobs is the “data controller” in respect of personal information that we obtain from you via the Jobs Website.

33. Where we share your CV, public profile and/or other information with a recruiter that recruiter will also be a data controller for the purpose of the Data Protection Act 1998 and independently of us owes responsibilities to you under that Act in connection with the processing of that information.

34. The website of the Information Commissioner’s Office provides information and assistance with regard to your rights under the Data Protection Act 1998. Briefly summarised, your principal rights are:

a. the right to find out what information is held about you on computer and in some paper records;

b. the right to take steps to prevent your personal information being processed if the processing is likely to cause you to suffer substantial damage or substantial distress where this is unjustified;

c. the right to require that your personal information is not used to market to you products, services or ideas;

d. the right to prevent decisions being taken about you which are based solely on automatic processing;

e. the right to have inaccurate information about you amended or destroyed; and

f. the right to claim compensation where you have suffered damage and distress as a result of breaches of the Data Protection Act.

FindJobs.com.au is a owned and managed by Techsmart Holdings Pty Ltd and if you have any legal questions, then please email us at legals@techsmartaustralia.com.