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Guardian Jobs | Terms and Conditions

Guardian Jobs | Terms and Conditions Skip to main content Terms and Conditions Terms and Conditions for advertisers 1. These terms and conditions (the "Terms") govern your agreement with Guardian News & Media Limited ("GNM" "we" "us" "our") (the "Agreement") for your use of the f…

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Guardian Jobs | Terms and Conditions Skip to main content Terms and Conditions Terms and Conditions for advertisers 1. These terms and conditions (the "Terms") govern your agreement with Guardian News & Media Limited ("GNM" "we" "us" "our") (the "Agreement") for your use of the following services on the website currently located at: https://jobs.theguardian.com/ (the "Website"): a. The Advertising Service; b. the CV Database Service; and c. The Guardian Target Service each as defined below. The Advertising Service, the CV Database Service and the Guardian Target 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. Where you are a media buyer, advertising agency or other representative (an “Agent”) procuring the Services on behalf of a principal advertiser or recruiter ("Client"), you shall notify GNM prior to entering into this Agreement and shall disclose full details of your Client at the time of making a booking. For the purposes of your agreement with GNM, you act as a principal at law and you shall be responsible for and shall procure that your advertiser or recruiter client complies with these Terms (and references to “you” shall refer to both you and your Client). You warrant that you are authorised by your client to enter into this Agreement. The Advertising Service 2. The advertising service is the service provided by GNM which allows you to place and access advertisements on, and to self-upload recruitment advertisements to, the Website, this includes agency branded products (“Agency Branded Job Ads” ) (the "Advertising Service"). 3. Advertisements ("Advertisements") for inclusion on the Website are accepted subject to these Terms and the advertising terms and conditions which are available at: http://theguardian.com/advertising/advertising-terms-conditions (the "Advertising Terms"). In the event of any inconsistency between these Terms and the Advertising Terms the Advertising Terms shall prevail. 4. Agency Branded Job Ads - (product previously known as “Bronze Job Ad - unbranded”) – Recruiters who have purchased these products ) cannot include employer branding i.e. any reference to the “end employer” in the Advertisement. (The end employer is your client who you are advertising on behalf of.) This includes any indication of the name of the end employer; the email address of the end employer; or any other indicative content. The Advertisement cannot link through to a page which references the end employer. Applications must be sent to you – not the end employer. Agency Branded Job Ads are included in the backfilled section of the job search pages which means that they appear after direct employer listings. This applies even where you have purchased a job upgrade (unless that upgrade is to a Silver or Green package). In the event that your Advertisement does contain branding, as excluded above, we reserve the right to remove the Advertisement without notice. You will not be entitled to a refund or credit reimbursement in these circumstances. (This is in addition to GNM’s rights in paragraph 22 below and GNM’s rights to terminate in paragraph 36 below.) 5. Green Jobs - Availability and use of the Green Job product is subject to restrictions based on the job title and organisation hiring for the vacancy, at GNM’s discretion. 6. Volunteering Job Ads – this product is subject to restrictions based on the nature of the role and organisation hiring for the vacancy - this includes but is not limited to the product being unavailable for board or trustee positions, or unpaid internships, at GNM’s discretion. GNM reserves the right to limit the volume of Volunteering Job Ads, at its discretion. 7. Express Job Ads – this product is subject to a specific maximum live period limit, of up to 7 days. For longer term advertising, you can buy the 2 week version, or extensions directly with our sales team. This product may not have longer posting periods, when other products do during seasonal promotions. 8. Educator Job Ads - Use of the Educator Job Ad product is subject to restrictions based on the role advertised. The Educator Job Ad must be used for teaching or similar academic roles in an educational setting, at GNM's discretion. 9. Subscription Package - this product is subject to the following restrictions: you may only post one genuine role per vacancy subject to a fair usage cap of 5,000 jobs per month. GNM reserves the right to expire posts or terminate your package if you exceed this cap. Please note that if you have an Agency Branded Job Ads subscription package, paragraph 4 of these Terms above applies. A Subscription Package role will appear below the listings for Express Job Ads, Bronze Job Ads, Bronze Plus, Silver Job Ads, Gold Job Ads, Educator Job Ads, and Green Jobs. The CV Database Service 10. The CV Database Service is the service provided by GNM which allows recruiters to view, search, purchase and access CVs of candidates held on the GNM Candidate database (the "GNM Candidate database") via the Website (the “CV Database Service”). 11. As between GNM and you, all intellectual property rights and all other rights in the CVs and the GNM Candidate database shall be owned by and are retained by GNM or its licensors. Subject to paragraph 9 below, when you use the CV Database Service, GNM will license rights in the CVs purchased by you on a non-exclusive, worldwide basis as necessary to enable you to make reasonable use of the CVs and the CV Database Service for the purpose of recruiting candidates, provided that you comply with (i) these Terms and (ii) all applicable legislation. If GNM is required to terminate this Agreement under paragraph 36 or this Agreement ends, this licence will automatically terminate, except in respect of the CVs of candidates you have directly employed or who have sent their CVs directly to you. 12. Recruiters who have purchased “unlimited” credits to download CVs will be subject to daily limits imposed by GNM. These limits shall be communicated to you by GNM. Downloading CVs in excess of these daily limits shall be an irremediable material breach of these Terms for the purpose of paragraph 36 below and GNM shall have the right to terminate the Agreement immediately without notice or cancel your credits. You acknowledge that our provision of candidates’ CVs to you is conditional on the candidates consenting and providing GNM with a licence on such terms as will entitle GNM to licence their CV on to you.The Guardian Target Service 13. The Guardian Target service is the service provided by GNM which enables a recruiter to target relevant users across a range of channels including the Website and other third party channels as specified by GNM (the "Guardian Target Service"). General Terms Regarding Access to the Services: 14. GNM allows you to access each of the Services on the basis that: a. you are a bona fide recruiter, being either an employer or an Agent; b. your password is personal to you and may not be used by any third party (including a Client) to access any of the Services or otherwise be shared with or disclosed to any third party (including a Client). If you become aware that any third party has access to your password, you will immediately notify GNM and GNM shall provide you with a new password as soon as reasonably practicable. You shall at all times ensure that your password is safe and secure; c. you will not do anything which would assist anyone who is not a registered user of the Services to gain access to or misuse it; d. you do not maliciously create additional accounts for the purpose of abusing the functionality of the Website or the candidates who have signed up to the Website, or other users nor do you seek to pass yourself off as another user; e. you do not use any automated system or software or other means or processes to extract or scrape data (including without limitation CVs) from the Website, GNM Candidate database and/or Services; f. you will only download and use CVs from the GNM Candidate database, for the genuine purpose of recruiting candidates and not for any other purpose(s); g. you handle all CVs and other candidate personal information in accordance with the terms of our candidate privacy policy, a copy of which is available here https://jobs.theguardian.com/privacy-policy/; and h. if, for any reason, we believe that you have not complied with any part of these Terms, any terms or policies to which they refer, any applicable legislation, or we believe that you are misusing or abusing the Services in any way, then without prejudice to any other remedy available to GNM, GNM may, at its discretion, cancel, suspend or otherwise restrict your access to the Services immediately and without giving you any advance notice. General Terms Regarding Your Use of the Services: 15. You hereby warrant, represent and undertake to GNM that: a. You will only use the Services and any information you receive under the Services for your recruitment related activities; b. Except as expressly permitted under these terms you will not sell, sub-licence, sub-contract or rent any information you receive under the Services in respect of a candidate on the GNM Candidate database (including a CV) to a third party. This provision shall not prejudice an Agent’s ability to procure the Services on behalf of a Client and provide information to such Client provided that the Agent procures that use of the information by the Client is in accordance with these Terms; c. You will not create a marketing list for either your own use or to sell on to a third party using any information you receive under the Services in respect of a candidate on the GNM Candidate database; d. Your use of the Services will not be prejudicial to the image or reputation of GNM, the Website or any other recruiters who use the Website; e. In relation to obtaining, storing and using any personal data derived from your use of the Services or otherwise in connection with your use of the Services that you are acting as a data controller in your own right and you have complied and will comply with the all applicable laws relating to data protection and privacy including (without limitation) the UK General Data Protection Regulation, the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations and any amending or replacement or equivalent legislation in any relevant jurisdiction from time to time, as well as any guidance issued by the Information Commissioner; f. Without prejudice to the provisions of paragraph 12e, you will keep all candidates' personal information confidential; and g. You agree not to use the Website: • in any capacity other than as a bona fide recruiter or an Agent; • for any purpose that is unlawful under any applicable legislation or prohibited by these Terms; • to commit any act of fraud; • to distribute viruses or malware or other similar harmful software code; • for purposes of promoting unsolicited advertising or sending spam or any unlawful, defamatory, harassing, obscene, offensive or harmful content; • for purposes of selling, licencing, exchanging, or otherwise distributing CVs and/or personal information of a Candidate to a third party; • to simulate communications from GNM or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’); • in any manner that disrupts the operation of our Website or business or the website or business of any other entity; • in any manner that harms minors; • to promote any unlawful activity; • to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; • to gain unauthorised access to or use of computers, data,…