Effective from April 2018
Certain features of the Facility allow you, Users using your User Account and others to upload, share and view information, data, text and images ("your Content” or “Content”, as the case may be), and to share your Content with others.
You agree that any Content that is uploaded using your User Account does not and will not violate rights of any kind, including but not limited to any intellectual property rights or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any Content that we believe, in our sole discretion, violates these provisions.
You are solely responsible for the accuracy and completeness of your Content, and agree only to provide true, accurate, current and complete Content.
You retain full ownership to your Content, but you agree to grant us a worldwide, non-exclusive, irrevocable, transferable, perpetual, royalty-free licence (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, make derivatives of, display and distribute such Content in connection with providing the Facility to you and Users using your User Account in accordance with your User Account settings. You are responsible for managing your settings in respect of your User Account. In connection with providing the Facility, we may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
We reserve the right to access, read, preserve and disclose any information as we reasonably believe is necessary to:
The sections of the System will guide you through the steps you need to take to create a User Account with us. You must provide us with accurate information when you create your User Account with us. Your User Account with us gives you, and Users using your User Account, access to the Facility and functionality that we may establish and maintain from time to time and in our sole discretion. If you connect to the Facility with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another Users User Account without permission.
You are responsible for safeguarding the password that you use to access the Facility and for any activities or actions under your password, whether your password is with us or a third-party service. We encourage you to use "strong" passwords that use a combination of upper and lower case letters, numbers and symbols with your User Account. You agree not to disclose your password to any third-party. Flexr cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your User Account.
Where you subscribe for any part or parts of the Facility which involve you paying for their use (“Paid Service”), your licence to use the Paid Service will commence on the date you subscribe to use it and it shall continue until it is terminated by us or you on 30 days’ notice. Your licence for the Paid Service is subject to you paying the applicable licence fee. The licence fee will be as described by Flexr.
We reserve the right to vary the licence fee for the Paid Service, provided always that we give you 60 days’ notice of our intention to do so.
All Content in or on the Facility is the sole responsibility of the person who originated such Content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy or reliability of any Content or communications posted via the Facility or endorse any Content. We may not monitor or control the Content posted via the Facility and we cannot take responsibility for such Content. Under no circumstances will Flexr be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content in the Facility.
The Facility is not intended to be used as the sole basis for any business decision. Where any Content obtained through it is provided by third-parties to Flexr (including you) and not directly by Flexr, it is not possible and/or economically viable for Flexr to check the accuracy and/or completeness of that Content nor make any guarantees in respect of it.
You shall, in connection with your use of the Facility, comply with all legislation, regulations and other rules having equivalent force which are applicable to you.
In order to protect the integrity of the Facility, you shall comply with Flexr’s reasonable instructions and guidelines relating to data security.
Flexr is trusted by its Users and we trust you to use the Facility responsibly. You agree not to misuse the Facility. For example, you must not, and must not attempt to do the following things:
We are committed to protecting the privacy and security of personal information. This section explains how we use any personal information collected about you through the use of the Facility where we act as a data controller (as defined in the Data Protection Legislation, “Data Controller”). For your information, we will be a Data Controller where we are responsible for how we hold and use personal information collected about you through the use of the Facility. We are required under the Data Protection Legislation to notify you of the information contained in this section. We may update this section from time to time.
What information do we collect about you?
We collect information about you through your use of the Facility, information that you provide, and information that other users provide about you.
We may collect and store personal data about yourself or others. Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
The personal data that we may collect and store includes your name, address, title, date of birth, telephone number, mobile number, address, e-mail address, gender, marital status and dependants, next of kin and emergency contact information, National Insurance number, bank account details, payroll records, tax status information, salary information, annual leave information, pension information, benefits information, start date, location of employment or workplace, copy of passport, copy of driving licence, copy of right to work information, copy of references, recruitment information, employment records (including job titles, work history, working hours, training records and professional memberships), performance information, disciplinary and grievance information, information obtained through electronic means, information about use of information and communication systems, and photographs).
We may also collect and store information which is classed as special category data as defined by the GDPR. This special category data requires a higher level of protection and we will treat this data accordingly.
The special category data we may collect and store includes information about health, sickness records, and information about criminal convictions and offences.
How will we use the information we collect about you?
We collect information about you primarily to provide the Facility. We will only use the information we collect about you where the law allows us to. Mostly commonly, we will use your information in the following circumstances:
The Facility Flexr provides is designed to facilitate the business purpose of sending and receiving information and data in respect of the employment and human resource marketplace (whether that be temporary, permanent or otherwise). In this respect, and without limitation, it is designed to facilitate the management of:
Where you are a Worker, Employee or Contractor, as the case may be, Flexr and any relevant Employer, Engager, Hirer, Provider, or End Client as the case may be, together with any other intermediaries involved in supplying your services in respect of any Assignment, Employment or Placement concerning you, as the case may be, will hold and process information relating to you for legal, personnel, administrative and management purposes associated with the Facility.
Where you are an Employer, Engager, Hirer, Provider, or End Client as the case may be, together with any other intermediaries involved in supplying the services of a Worker, Employee or Contractor, as the case may be, in respect of any Assignment, Employment or Placement concerning them, as the case may be, Flexr and them will hold and process information relating to you for legal, personnel, administrative and management purposes associated with the Facility.
Where you advise us that you have any particular accreditations, registrations or certifications, we may verify the relevant accreditation, registration or certification. However, the validity of the accreditation, registration or certification always remains your responsibility. We advise Employers, Engagers, Hirers, Providers and End Clients to request sight of evidence of applicable accreditations, registrations or certifications (as applicable) and to use appropriate caution and common sense.
We may make enquiries about you including searching your records held by organisations such as crime and credit reference agencies. We may also check your details held by fraud prevention schemes.
We consider these to be lawful reasons and legitimate interests for using the information we collect about you.
If you agree, we may collect information about you to inform you about matters we think may be of interest to you.
The Facility is a dynamic, innovative environment, which means we are always seeking to improve the Facility we offer you. We will only use the information we collect about you 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 information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Security and storing information we collect about you
We will use all reasonable efforts to safeguard the information we collect about you by having security and organisational procedures in place.
We will hold the information we collect about you for as long as necessary to fulfil the purposes we collected it for. To determine the appropriate retention period, we will consider the amount, nature and sensitivity of the information, the potential risk of harm from unauthorised use or disclosure of it, the purposes for which we process it and whether we can achieve those purposes through other means, and the applicable legal requirements. Our retention policy is to hold such information for at least a period of 6 years.
Telephone calls made to or by any customer service line we may provide may be recorded for monitoring and quality control purposes. Any such customer service line may be manned by staff inside or outside of the United Kingdom and/or the European Union.
Who we share information with
We will share the information we collect about you with third parties as required to provide the Facility, where required by law and where we have another legitimate interest in doing so. We require third parties to respect the security of your information and to treat it in accordance with the law.
We will not transfer your information outside of the European Union.
Access to information and correction
You have a right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal information, please e-mail or write to us at the address set out at the end of this section.
We want to make sure that your personal information is accurate and up to date. Please contact us to correct or remove information you think is inaccurate.
You also have the right to:
If you have a concern about the way we are collecting or using the information that we collect about you, we ask that you please raise your concern with us in the first instance. Alternatively, you can contact the Information Commissioner’s Office at http://ico.org.uk/concerns/.
It is important for you to protect against unauthorised access to your password and to your computer. Be sure to log out after using the Facility.
How to contact us
We have appointed a data protection officer (“DPO”) to oversee compliance with this section. If you have any questions about this section or how we handle the information we collect about you, please contact our DPO.
To contact our DPO by email, please send your email to: DPO@flexr.com.
To contact our DPO by mail, please send your letter to: The Employment Management Platform Limited (for the attention of the Data Protection Officer), 5th Floor Hampton By Hilton, 42-50 Kimpton Road, Luton, Bedfordshire, LU2 0FP
The System and the Facility are provided on an "as is" and "as available" basis. Use of the System and the Facility is at your own risk. To the maximum extent permitted by applicable law, the System and the Facility are provided without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement. Without limiting the foregoing, Flexr and its licensors do not warrant that the content on the System and the Facility is accurate, reliable or correct; that the Content will meet your requirements; that the System or the Facility will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the System or the Facility are free of viruses or other harmful components. Any Content downloaded or otherwise obtained through the use of the System or the Facility is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the System or the Facility. We do not warrant, endorse, guarantee or assume responsibility for any assignment, employment, placement, product or facility advertised or offered by a third-party through the System or the Facility or any hyperlinked website or facility, and we will not be a party to or in any way monitor any transaction between you and third-party providers of assignments, employment, placements, products or services.
To the maximum extent permitted by applicable law, in no event shall Flexr, its licensees, licensors, affiliates, agents, directors, employees or suppliers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the System or the Facility. Under no circumstances will Flexr be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised access or use of the System or the Facility or your User Account or the information contained therein.
To the maximum extent permitted by applicable law, Flexr assumes no liability or responsibility for any:
In no event shall Flexr, its licensees, licensors, agents, directors, employees or suppliers be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the lesser of the aggregate of all licence fees you have paid to us hereunder in respect of the Facility in the contract year in which the liability arises (if any) and £1,000. A “year” shall be a period of 12 months commencing from the date your licence commences and each anniversary of that date.
This limitation of liability section applies whether the alleged liability is based on statute, common law, contract, tort, negligence, strict liability, or any other basis, even if Flexr has been advised of the possibility of such damage.
The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree that our licensees, licensors, affiliates, agents, directors, employees or suppliers, together with us, shall be entitled to the benefit of the foregoing limitations of liability.
You acknowledge that we must limit our liability and that we are only able to provide the Facility based on the foregoing limitations of liability. You are advised to take out your own insurance arrangements if you wish to limit your exposure or risk or if you require further or different cover.
The System and the Facility are controlled and operated from Flexr’s facilities in England. We make no representations that the System or the Content are appropriate or available for use in other locations. Those who access or use the System or the Content from other jurisdictions do so at their own volition and risk and are entirely responsible for compliance with all applicable English and local laws, rules and regulations. Unless otherwise explicitly stated, all materials found on the System and the Content are solely directed to individuals, companies or other entities located in the United Kingdom.
We may provide notifications, whether these are required by law or are for marketing or other business related purposes, to you via e-mail notice, written or hard copy notice or through posting of such notice on the System, as determined by us in our sole discretion.