Terms & Conditions

Last updated: May 23rd, 2022

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.abacus.careers website (the “Service”) operated by Abacus Talent Group trading as Abacus Professional Recruitment Ltd & Abacus Legal Recruitment Ltd(“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Abacus Professional Recruitment Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Abacus Professional Recruitment Ltd.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Abacus Professional Recruitment Ltd.

Abacus Professional Recruitment Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Abacus Professional Recruitment Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Abacus Professional Recruitment Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Abacus Professional Recruitment Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Abacus Professional Recruitment Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Abacus Professional Recruitment Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Abacus Professional Recruitment Ltd or any person for whom Abacus Professional Recruitment Ltd is responsible, and even if Abacus Professional Recruitment Ltd has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. We would advise you to read our Privacy Policy and Cookies Policy before you use the Service.

GDPR

Privacy Notice

Abacus Talent Group Ltd trading as Abacus Professional Recruitment Ltd and Abacus Legal Recruitment Ltd (‘Abacus’) want you to know that when you use our organisation you can trust us with your information. We are determined to do nothing that would infringe your rights or undermine your trust. This Privacy Notice describes the information we collect about you, how it is used and shared, and your rights regarding it.

Data Controller

We are registered with the Information Commissioner’s Office (ICO) as a Data Controller for the personal data that we hold and process. Our registered address is 16 Mount Charles, Belfast
BT7 1NZ, our registration number is ZB143097 and our Data Protection Officer is Alan Braithwaite. Our Data Protection Officer can be contacted at [email protected].

Data Collection

All, or the vast majority of the information that we hold about you, is provided to us by yourself when you seek to use our services, or you are employed by us or work with us in various capacities. We will tell you why we need the information and how we will use it.

Personal data is any information that can be used to identify an individual, and it can range from the most basic of details such as contact information through to more complex data.

Identification can be by the information alone or in conjunction with any other information. The processing of personal data is governed by both the UK- General Data Protection Regulation (GDPR) and the Data Protection Act 2018.

However, not all personal data is considered equal. There are two different categories: ‘personal data’ and ‘special categories of personal data’.

We collect and process both personal data and special categories of personal data as defined in the GDPR. This includes, where necessary:

  • Personal and family information, including names, dates of birth, and personal contact details;
  • National Insurance details;
  • Driving license details;
  • Financial details such as financial status and bank details;
  • Records of goods and services relevant to the business;
  • Records of education, training and employment;
  • Photographs;

Sensitive and special data including:

  • Information used for equal opportunities monitoring about your race or ethnicity, religious beliefs, sexual orientation and political opinions;
  • Information about your health, including any medical condition, health and sickness records;
  • Right to work in the UK and relevant UK VISA; and
  • Information about criminal convictions and offences obtained through Access NI Checks, Police/Garda Checks, DVLA and Credit Checks.

Our Lawful Basis for processing your information

The General Data Protection Regulation requires all organisations that process personal data to have a Lawful Basis for doing so. The Lawful Bases identified in the GDPR are:

  • Consent of the data subject
  • Performance of a contract with the data subject or to take steps to enter into a contract
  • Compliance with a legal obligation
  • To protect the vital interests of a data subject or another person
  • Performance of a task carried out in the public interest or in the exercise of official authority vested in the controller
  • The legitimate interests of ourselves, or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.

Examples of legitimate interests include:

  • Where the data subject is a client or in the service of the controller;
  • Transmission within a group of undertakings for internal administrative purposes;
  • Processing necessary to ensure network and information security, including preventing unauthorised access;
  • Processing for direct marketing purposes, or to prevent fraud; and
  • Reporting possible criminal acts or threats to public security.

Our Lawful Bases are Legitimate Interest, Performance of a Contract, Consent of the Data Subject and Legal Obligation.

Legitimate Interest

  • To provide work-finding services to both candidates and clients as part of our business;
  • To process personal data in order to provide work-finding services. We need to check the identity of candidates, their right to work and qualifications, process pay and manage entitlement to certain statutory rights;
  • It is in the legitimate interests of all parties involved (the recruiter, the work-seeker and the client) that the recruitment business can process personal data.

We will rely on the legitimate interest of Abacus when processing information for the purposes set out above to include the management, administration and operation of our organisation, for all business development and marketing purposes, to conduct all employment functions and obligations, to comply with all regulatory functions required by professional regulators.

Legal Contract

We are required to process personal information to enter into and fulfil various obligations for contracted services or relating to employment contracts.

Consent

On occasion we may rely upon your consent particularly in relation to our marketing activity. At all times you retain the right to withdraw your consent. Where we have relied upon your consent and you opt to withdraw it this does not invalidate our lawful basis for processing data historically.

Legal obligation

Abacus is subject to certain legislative obligations and statutory requirements. This may require us to process your personal data. The Company may also be obliged by law to disclose your personal data to a regulatory body or government organisation;

Special category processing

If we are processing special categories of data such as medical records pertaining to our employees, we are entitled by law to do so where it is necessary for the purposes of employment law and to support individuals with a particular disability or medical condition. We may also obtain your consent to process this type of data.

Criminal data processing

On occasion, we may process data relating to criminal offences where it is necessary for the purpose of your employment.

We may also request your specific consent to process this type of data.

What we use you information for

We use your information to:

  • Provide work finding services;
  • Process or support payments for goods and services;
  • Conduct data analysis, testing, and research and to monitor and analyse usage and activity trends;
  • Maintain the safety, security and integrity of our services;
  • Informing you about our products and services
  • Investigate and address your concerns or issues;
  • Communicate with you about products, services, promotions, studies, surveys, news, updates and events;
  • Responding to requests and enquiries from you or a third party;
  • Optimising our website and customer service
  • Ensuring out operations are conducted in an appropriate and efficient manner;

Where any part of our processing includes automated decision-making, we ensure that the proposed decisions are reviewed by a member of staff before being applied. You will always be able to get an explanation for the decision and to challenge it if you are unhappy with it.

Type of data

We collect and process both personal data and special categories of personal data as defined in the GDPR. This includes:

Candidate/client data

  • Name;
  • Email;
  • Phone number;
  • Address;
  • Payment or bank details;
  • Date of birth;
  • Location details;
  • Device IP address;
  • Referee Details
  • Job Title
  • Educational data
  • National Insurance Number

Employee Data

  • Name;
  • Email;
  • Phone number;
  • Address;
  • Payment or bank details;
  • Date of birth;
  • Family & next-of-kin details
  • Referee details

We may share your personal data with:

  • Third party providers for employment purposes such as payroll, pension provider etc
  • Clients, for the provision of the recruitment process;
  • Third Party Services providers involved in the provision of the recruitment process;
  • The general public when you contribute to a public forum;
  • Our legal advisors in the event of a dispute or other legal matter;
  • Law enforcement officials, government authorities, or other third parties to meet our legal obligations;
  • Any other party where we ask you and you consent to the sharing.

Transfers to third countries and international organisations

Where we need to share your data with others who are based outside the UK, the data will only be transferred where the following apply:

1. The jurisdiction in which the data being transferred is covered by the UK’s “adequacy regulations”.

2. If 1 does not apply, there are “appropriate safeguards” in place. These will be commensurate to the safeguards afforded to data subjects under UK GDPR.

3. If, “appropriate safeguards” are not in place, then we will include “additional measures” (such as Standard Contractual Clauses) so your personal data is appropriately safeguarded.

We have satisfied ourselves that such transferred data is fully protected and safeguarded as required by the GDPR.

Where we are processing personal data pertaining to EEA citizens, we have satisfied ourselves that such transferred data is fully protected and safeguarded as required by the EU- General Data Protection Regulation.

Retention and Disposal of Data

Our Retention and Disposal Policy outlines the various retention periods which we hold personal data for. A copy can be provided upon request.

Your Rights

The GDPR gives you specific rights around your personal data. For example, you have to be informed about the information we hold and what we use it for, you can ask for a copy of the personal information we hold about you, you can ask us to correct any inaccuracies with the personal data we hold, you can ask us to stop sending you direct mail, or emails, or in some circumstances ask us to stop processing your details. Finally, if we do something irregular or improper with your personal data you can seek compensation for any distress you are caused or loss you have incurred. You can find out more information from the ICO’s website https://ico.org.uk/your-data-matters/ and this is the organisation that you can complain to if you are unhappy with how we deal with you.

Accessing and Correcting Your Information

You may request access to, correction of, or a copy of your information by contacting us at [email protected].

Marketing Opt-Outs

You may opt out of receiving emails and other messages from our organisation by following the instructions in those messages.

Cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement.

We will occasionally update our Privacy Notice. When we make significant changes, we will notify you of these either through email or alternatively we will also publish the updated Notice on our website.

Contact Us

If you have any questions about these Terms, please contact us

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