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Terms and conditions | Gibson Global Search

Terms & Conditions

Last updated: 2nd May 2018

1. Introduction
1.1 We are committed to safeguarding the privacy of our website visitors and service users.
1.2 This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
1.3 By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.
1.4 In this policy, “we”, “us” and “our” refer to Gibson Global Search Ltd. For more information about us, see Section 13.

2. Credit
2.1 This document was created using a template from SEQ Legal (https://seqlegal.com).

3. How we use your personal data
3.1 In this Section 3 we have set out:
(a) the general categories of personal data that we may process;
(b) in the case of personal data that we did not obtain directly from you, the source and specific categories of that data;
(c) the purposes for which we may process personal data; and
(d) the legal bases of the processing.
3.2 We may process data about your use of our website and services (“usage data”). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
3.3 We may process your account data (“account data”). The account data may include your name and email address. The source of the account data is you or your employer. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
3.4 We may process your information included in your personal profile on our website (“profile data”). The profile data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
3.5 We may process your personal data that are provided in the course of the use of our services (“service data”). The service data may include your name, address, telephone number, email address, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details. The source of the service data is you or your employer. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
3.6 We may process information that you post for publication on our website or through our services (“publication data”). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
3.7 We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data”). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
3.8 We may process information relating to transactions, including purchases of goods and services that you enter into with us and/or through our website (“transaction data”). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.
3.9 We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data”). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.
3.10 We may process information contained in or relating to any communication that you send to us (“correspondence data”). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
3.11 We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
3.12 We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
3.13 In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
3.14 Please do not supply any other person’s personal data to us, unless we prompt you to do so.

4. Providing your personal data to others
4.1 We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
4.2 We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
4.3 We may disclose your personal data to our suppliers or subcontractors insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
4.4 We may disclose your personal data to our clients insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
4.5 Financial transactions relating to our website and services may be handled by our payment services providers, PayPal. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices at https://www.paypal.com/uk/webapps/mpp/ua/privacy-prev.
4.6 We may disclose your enquiry data to one or more of those selected third party suppliers of goods and services identified on our website for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services. Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party’s use of your personal data.
4.7 In addition to the specific disclosures of personal data set out in this Section 4, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

5. International transfers of your personal data
5.1 In this Section 5, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
5.2 You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

6. Retaining and deleting personal data
6.1 This Section 6 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
6.2 Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6.3 We will retain your personal data as follows:
(a) personal data will be retained for a maximum period of 120 months following 25th May 2018.
6.4 In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:
(a) the period of retention of personal data will be determined based on our legitimate interests, namely the proper administration of our website and business and communications with users.
6.5 Notwithstanding the other provisions of this Section 6, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

7. Amendments
7.1 We may update this policy from time to time by publishing a new version on our website.
7.2 You should check this page occasionally to ensure you are happy with any changes to this policy.
7.3 We may notify you of changes to this policy by email or through the private messaging system on our website.

8. Your rights
8.1 You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:
(a) the payment of a fee (currently fixed at GBP 10); and
(b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).
8.2 We may withhold personal information that you request to the extent permitted by law.
8.3 You may instruct us at any time not to process your personal information for marketing purposes.
8.4 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

9. About cookies
9.1 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
9.2 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
9.3 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

10. Cookies that we use
10.1 We use cookies for the following purposes:
(a) authentication – we use cookies to identify you when you visit our website and as you navigate our website;
(b) status – we use cookies to help us to determine if you are logged into our website;
(c) personalisation – we use cookies to store information about your preferences and to personalise the website for you;
(d) security – we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent use of login credentials, and to protect our website and services generally;
(e) advertising – we use cookies to help us to display advertisements that will be relevant to you;
(f) analysis – we use cookies to help us to analyse the use and performance of our website and services; and
(g) cookie consent – we use cookies to store your preferences in relation to the use of cookies more generally.

11. Cookies used by our service providers
11.1 Our service providers use cookies and those cookies may be stored on your computer when you visit our website.
11.2 We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/.
11.3 We publish Google AdSense interest-based advertisements on our website. These are tailored by Google to reflect your interests. To determine your interests, Google will track your behaviour on our website and on other websites across the web using cookies. You can view, delete or add interest categories associated with your browser by visiting: https://adssettings.google.com. You can also opt out of the AdSense partner network cookie using those settings or using the Network Advertising Initiative’s multi-cookie opt-out mechanism at: http://optout.networkadvertising.org. However, these opt-out mechanisms themselves use cookies, and if you clear the cookies from your browser your opt-out will not be maintained. To ensure that an opt-out is maintained in respect of a particular browser, you may wish to consider using the Google browser plug-ins available at: https://support.google.com/ads/answer/7395996.

12. Managing cookies
12.1 Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:
(a) https://support.google.com/chrome/answer/95647?hl=en (Chrome);
(b) https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);
(c) http://www.opera.com/help/tutorials/security/cookies/ (Opera);
(d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);
(e) https://support.apple.com/kb/PH21411 (Safari); and
(f) https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).
12.2 Blocking all cookies will have a negative impact upon the usability of many websites.

13. Our details
13.1 This website is owned and operated by Gibson Global Search Ltd.
13.2 We are registered in England and Wales under registration number 8289713, and our registered office is at 4 Westcliffe Avenue, Baildon, BD17 5AD.
13.3 You can contact us:
(a) using our website contact form;
(b) by telephone, on the contact number 0844 443 5675; or
(c) by email, using the email address info@gibsonglobalsearch.com.

14. Data protection officer
14.1 Our data protection officer’s contact details are: Mrs. Claire Gibson, claire.gibson@gibsonglobalsearch.com.

Last Updated: 30 July 2015

This policy is for an online Job Posting only, for other payment policy terms please contact us directly.

 

30 Day Job Posting

 

  • Payment is for a job advert posted on our website for the period of 30 days
  • Job advert will be promoted through our media at our discretion
  • All payments are required in full prior to placing an advert
  • Payments are to be made via PayPal through our website
  • Payments are non refundable
  • Payments are inclusive of VAT
  • For PayPal terms and conditions please visit PayPal

Last Updated: 30 July 2015

GIBSON GLOBAL SEARCH LTD

 

CONDITIONS OF SALE

Definitions                                                                        

  1. In these conditions;

“the Client” means the individual firm or company whose Request is accepted by the Company and/or its parent, subsidiary, associated or operating companies;

“the Candidate” means any person identified by the Company as potentially suitable for employment by the Client;

“the Company” means Gibson Global Search Limited and/or its subsidiaries, associated or operating companies;

“Contract” means the contract between the Company and the Client for the supply of Services;

“Request” means the Client’s request whether made orally or in writing or otherwise for the provision of Services;

“Services” means the recruitment services to be supplied by the Company to the Client;

“Contingency Assignment” means where the Client engages the services of the Company for the purposes of identifying and interviewing an individual(s) potentially suitable for a particular position of employment and the Company receives its entire fee only upon placement of a Candidate.

“Retained Assignment” means where the Client engages the services of the Company on an exclusive basis for the purposes of identifying and interviewing an individual(s) potentially suitable for a particular position of employment and the fee to the Company for such services is divided into stage payments as detailed in Clause 6, in order to secure such exclusivity. Retained Assignments usually, but not always, involve the provision of a service/s over and above those provided for a contingency assignment.

Application of Conditions
  1. These conditions shall apply in respect of all Contracts between the Company and the Client. Unless otherwise accepted in writing by the Company no other conditions, terms or warranties are incorporated or implied into any Contract between the Company and the Client. All quotations, offers and tenders are made subject to the following conditions. In cases where the Client has specifically agreed terms with the Company, then to the extent that there is any conflict between those terms and these standard terms then those special terms will prevail over the standard terms provided always that the Request is confirmed in writing by the Company. The Client agrees to be bound by the terms and conditions set out herein.

Supply of Services

  1. The Company agrees to supply the Services to the Client upon the terms and conditions set out herein and time for the performance of the Services shall not be of the essence.
  1. Any time or date for the performance of the Services shall be given as accurately as possible, but is not guaranteed. The Client shall have no right to cancel the Contract for failure to meet any completion time stated.
  1. Assignments are conducted on either a Retained or Contingency basis.

Fee

  1. The fee payable to the Company by the Client for the Services (“Fee”) shall be calculated as follows:

20% of Annual Basic Salary

“Annual Basic Salary” is the total gross basic salary to be paid to the Candidate during the first 12 months of employment with the Client.

  1. Unless otherwise agreed in writing, all Fees are exclusive of VAT and are not subject to any discount.
  1. For Contingency Assignments the Fee shall be paid by the Client within 30 days of a Candidate commencing employment with the Client (the “Commencement Date”).
  1. In respect of Retained Assignments, the Fee shall be payable as follows;

9.1           one third upon acceptance by the Company of the Client’s Request;

9.2           one third upon presentation of a shortlist of Candidates to the Client; and

9.3           one third when the Client issues an offer of employment to a Candidate.

Where the final Annual Remuneration is greater than the proposed salary at the commencement of the Retained Assignment, the final payment under this clause 9.3 shall be increased to ensure the total Fee paid is the correct    percentage of the final Annual Remuneration.

If the Client appoints more than one Candidate from an Assignment, the Fee for the second and subsequent Candidates will be as outlined above in clause 6.

For the avoidance of doubt, the sums payable under conditions 9.1 and 9.2 are non-refundable, irrespective of whether a Candidate is offered or accepts employment with the Client. Under condition 9.3 the Client will pay the final third of the Fee if another candidate has been introduced to the Client from a third party, or if an internal candidate is appointed by the Client (unless agreed differently at the beginning of the Assignment).

If the Assignment is terminated before presentation of the shortlist, two thirds of the Fee will be paid by the Client. If    the Assignment is terminated after the shortlist has been presented the whole of the Fee will be paid by the Client.

The Company will provide the Client with invoices for the Fees and expenses (see Clause 16) and the Client agrees to pay the invoices within 30 days of receipt.

  1. Where a candidate may be engaged by the Client for a Freelance assignment, the Fee shall be calculated as 20% of assignment remuneration.
  1. Where the Client defaults in payment, the Company shall be entitled to:

11.1         charge interest at an annual rate of 8% above the base rate of the Bank of England from time to time on any sums outstanding; and/or

11.2         charge compensation arising from the late payment under and in accordance with section 5A of the Late Payment and Commercial Debts (Interest) Act 1998; and/or

11.3         suspend or terminate performance of the Services under the Contract and under any other Contract between the Company and the Client.

  1. In the event that a Candidate who is not offered or does not accept an offer of employment subsequently accepts an offer of employment with the Client within 12 months of the date upon which that Candidate was first introduced to the Client, or subsequently introduces a third party Candidate who accepts an offer of employment with the Client within 12 months of the date upon which the original Candidate was first introduced to the Client, the Client shall within 30 days of the Commencement Date pay a Fee (or if the Candidate was introduced to the Client pursuant to a Retained Assignment, the relevant part of the Fee under Clause 9) calculated in accordance with Clause 6.

Liability

  1. The Company shall perform the Services with reasonable skill and care.
  1. Nothing contained in these conditions shall limit or restrict the Company’s liability for death or personal injury caused by the Company’s negligence, nor does the Company limit or restrict its liability for fraudulent misrepresentation under the Misrepresentation Act 1967.
  1. Without prejudice to Clause 14, under no circumstances shall the Company be liable in any manner whatsoever whether in contract or in tort, or in misrepresentation (except for fraudulent misrepresentation) or otherwise for direct loss of profit or direct loss of anticipated savings or for losses special to the particular circumstances of the Client, indirect or consequential losses including but not limited to indirect loss of profit, indirect loss of anticipated savings, loss of use of money, loss of business, loss of opportunity, loss of goodwill, loss of reputation, loss of data, damage to property and/or wasted expenditure arising out of or in connection with the provision of Services.   Further, the Company’s liability shall not exceed the total amount invoiced by the Company to the Client under the Contract. The price for the Services is based on the assumption that the liability of the Company is as set out herein.

Indemnity

  1. The Client shall indemnify the Company against any losses, costs, claims, demands, awards and liabilities incurred directly or indirectly by the Company as a result of claims brought against the Company by any Candidate and/or as a result of the negligence of the Client or breach by the Client of any of the obligations of the Company under the Contract.

Advertising Services

  1. If the Services require the Company to advertise the Client’s employment vacancy, (“Advertising Service”), the following conditions shall also apply; (a) the Client shall be responsible for providing to the Company in writing full and accurate details of any Advertising Service it requires, (b) the Company and the Client shall agree a fee (exclusive of VAT) for such Advertising Service such fee to be paid within 30 days of the date of the invoice for such Advertising Services, (c) the Company shall provide a draft of any advertisement before it is published for the Client’s approval, such approval not to be unreasonably withheld or delayed, (d) the Company shall be responsible for entering into any contract with a third party for the purpose of carrying out the Advertising Service and shall be responsible for any fees, costs and expenses incurred by such third party, and (e) in the event that the Client cancels the Advertising Services, the Client shall be responsible for all costs and expenses incurred by the Company up to and including the date of cancellation, including all third party costs incurred by the Company in providing Advertising Services.
  1. The Client acknowledges that copyright and any other intellectual property rights in any advertisement or any other materials or other works created by the Company, vests with the Company and it is acknowledged by the Client that it does not have any rights to use such intellectual property without the prior express written consent of the Company.

References

  1. Subject to the provisions of Clauses 13, 14 and 15, the Company does not accept any responsibility for the suitability of any Candidate offered permanent employment with the Client and the Client shall be responsible for taking up any references, (including confirmation of any academic and professional qualifications), arranging any medical examinations and/or other investigations of the Candidate.

Replacement Scheme

  1. 20.1 In the event that the Client terminates a Candidate’s employment within 12 weeks of the Commencement      Date (“Termination Date”) and provided that (a) the Client or its subsidiary or associated companies do not offer similar employment to the Candidate within 6 months of the Termination Date, (b) such termination is not the result of a redundancy or unfair dismissal, and (c) the Client does not owe any outstanding amounts to the Company as at the Termination Date, then the Company shall, at its option use all reasonable endeavours to provide the Client with a new shortlist of replacement Candidates at no extra cost to the Client (unless further Advertising Services are required, in which case Clause 17 shall apply).

20.2         In the event that a Candidate (a) does not accept an offer of employment issued by the Client, or (b) does      not commence employment after accepting the offer or (c) terminates employment within 12 weeks of commencement of employment, then the Company shall, at its option use all reasonable endeavours to provide the Client with a new shortlist of replacement Candidates at no extra cost to the Client (unless further Advertising Services are required, in which case Clause 17 shall apply).

For the avoidance of doubt, in the event that the Fee payable for the Services is not paid within 30 days of the commencement date as per Clauses 8, 9 and 10, the provisions of Clause 20 will not apply. Furthermore, in the event that the Candidate terminates his/her contract after 12 weeks of employment with the Client, the Company will not be liable in any manner whatsoever under this Contract.

Confidentiality

  1. The parties shall keep confidential and shall not disclose to any third party or otherwise use any and all information concerning the business and affairs of the other (including without limitation, all information on the Candidate, detailed orally or in writing, or on the Candidate’s resume), which is disclosed to the other party as a result of the Contract, other than for the purpose of carrying out its obligations under the Contract. In particular, the Client agrees that it will not approach a Candidate’s current employer until such time as the Client has received confirmation from the Candidate of his acceptance of an offer of employment with the Client.
  1. The Client undertakes that it will comply with all data protection legislation in force that it will only use personal data strictly for the purposes for which it was disclosed and shall only use the personal data in accordance with the express instructions of the Company. In particular the Client shall keep such data secure and confidential at all times and shall put in place appropriate technical and organisational security measures to protect the personal data and not disclose it except with the written authority of the Company.

Termination

  1. The Company shall be entitled forthwith to terminate any Contract with the Client by one week’s notice.
  1. The Company shall be entitled forthwith to immediately terminate any Contract between it and the Client where the control of the Client changes during the period of the Contract, or where the Client commits any continuing or material breach of these conditions or makes any composition with its creditors or suffers any distress or execution to be levied upon its assets or is wound up either compulsorily or voluntarily, or suffers a receiver of any assets to be appointed or otherwise ceases or threatens to cease to carry on business.

General

  1. If the performance of the Contract by the Company shall be delayed by any circumstances or conditions beyond the control of the Company, the Company shall have the right at its option (a) to suspend further performance of the Contract until such time as the cause of the delay shall no longer be present or (b) to be discharged from further performance of and liability under the Contract and if the Company exercises such right the Client shall thereupon pay the total Fee price less a reasonable allowance for what has not been performed by the Company.
  1. These conditions constitute the entire agreement between the parties, supersede any agreement or understanding and may not be varied except in writing between the parties.
  1. The Contract is between the Company and the Client and is not assignable without the prior written consent of the Company.
  1. A fee of £20,000.00 shall be payable by the Client to the Company should the Client, during this Contract or for a period of 12 months following the introduction of any candidate, either (a) solicit, or employ (directly or indirectly) the services of any employee of the Company who has been involved in the provision of the services to the Client under the Contract, or (b) engage or utilise the services of any firm or company of which such an employee is an officer, agent or employee of.
  1. Where the Company is engaged on a Retained Assignment, the Client cannot engage the services of another organisation to work on the same assignment.
  1. A person who is not party to the agreement shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 (the “Act”) to enforce any term of this agreement. Any right or remedy which exists or is available apart from the Act is not affected.
  1. The Contract shall be construed in accordance with English Law and shall be subject to the jurisdiction of the English Courts.

tbc

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