Introduction
The Website and Services The Website is owned and managed by Coolever Limited (Company No. 10797694) a company incorporated in England and Wales and whose registered office address is The Guild Hub, High Street, Bath, England, BA1 5EB. Coolever Limited is the parent company of HR SaaS and Human Resources Management. Members and Visitors When you register and join the Coolever you become a “Company” or a “Professional”. If you have chosen not to register for our Plans, you may access certain features as a “Visitor.” Change We may modify this Contract, our Privacy Policy and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Plans, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Plans after we publish or send a notice about our changes to these contract means that you are consenting to the updated Contract. Data protection & privacy policy 1. The Company, Professional and The Coolever shall comply with all applicable data protection and privacy laws and regulations in the performance of its obligations set out under these Contract, including the EU General Data Protection Regulation 2016/679 (“GDPR”) (“Data Protection Laws”), in each case including all other successor legislation and regulation thereto. 2. The Coolever processes personal data (as such term is defined in the Data Protection Laws) which it collects as a data controller (as the term is defined in the Data Protection Laws) in the course of providing the Services. 3. Where data is processed by Coolever as a data controller, such processing is carried out in accordance with Coolever’s Privacy and Cookies Policy. In respect of Professional data, such processing is carried out in accordance with Coolever’s Privacy Policy. 4. The Company shall include words substantially similar toCoolever Privacy Policy, as well as all other provisions required for such Privacy Policy to comply with the Data Protection Laws. 5. The Company and Professional may delete or request in writing the deletion or return of all personal data on termination of the Plans or at any time following termination of the Plans. Where the Company and Professional have not deleted the personal data prior to the termination of the Services, Coolever may delete all personal data at any time after 90 days following the date of termination of the Plans unless the otherwise required by applicable law. 6. Company acknowledges and accepts that Professionals shall also have the right to withdraw their consent to the use of their personal data or information at any time and may request that Coolever permanently delete all information and data held about that Professional from Coolever’s systems. In the event that a Professional exercises its rights, Coolever shall notify the Company and the Company shall promptly and permanently delete all information and data held about that Professional from Coolever’s systems. In the event that the Company has not done so within a reasonable time, and has not notified Coolever of any requirement of the Company for Coolever to retain the personal data, Coolever reserves the right to remove such personal data and shall not be liable in any way for any loss or damage suffered by Company arising from such Professional exercising their rights. 7. Company shall ensure that its collection and use of any personal data, accessed through the Website or the Plans, complies with the Data Protection Laws. The Company hereby indemnifies Coolever against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of the Company’s failure to comply. 8. Coolever warrants that all security measures referred to in sub-clause above will reflect the level of damage that might be suffered by, and any harm which might result to, the persons who are the subjects of the Individual Information as a result of unauthorised access or disclosure. 9. From the GDPR Date, taking into account the nature of the processing, we shall implement and maintain technical and organisational measures to assist you insofar as is possible in the fulfilment of your obligations to respond to Data Subject Requests relating to personal data processed by us for which you are the data controller. 10. The Coolever shall ensure that all processing of Individual Information that is carried out by us shall at all times be carried out in accordance with the Data Protection Laws and that we will otherwise conduct ourselves in accordance with the Data Protection Laws and for the purposes of this clause “processing” shall be interpreted in accordance with the Data Protection Laws. 11. The types of personal data to be processed under this Agreement shall be the types of data provided by you to us. 12. In respect of any Personal Data Breach involving the personal data which we process as a data processor on your behalf we shall, without undue delay:- notify you of the Personal Data Breach; and
- Provide you with details of the Personal Data Breach.
- the processing of personal data;
- the Facility; and
- the exercise and performance of your rights and obligations under these Contract, including maintaining all relevant regulatory registrations and notifications as required under the Data Protection Laws.
- all data sourced by you for use in connection with the Facility shall comply in all respects, including in Contract of its collection, storage and processing (which shall include you providing all of the required fair processing information to, and obtaining all necessary consents from, data subjects), with Data Protection Laws;
- All instructions given by you to us in respect of personal data shall at all times be in accordance with the Data Protection Laws.
- A. the Data Protection Laws; or
- these Contract
To use the Plans, you agree that:
1. you must be at least 16 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use Coolever. 2. you will only have one Coolever account, which must be in your real name; 3. Creating an account with false information is a violation of our Contract, including accounts registered on behalf of others or persons under the age of 16.You agree that you will:
4. comply with any reasonable instructions or directions issued by us from time to time in respect of the Coolever; 5. conform to such protocols and standards as are issued by us from time to time in respect of the access and/or use of the Coolever; 6. fully indemnify us against any and all claims, costs and expenses which we may incur resulting from your acts or omissions in respect of the Coolever and your use of it and/or your breach of any of your obligations under these Contract; and 7. when using the Coolever comply with all applicable laws and legislation (including but not limited to matters arising under the Data Protection Laws).You agree that you will not:
8. At any time use the Plans and/or the Website with the purpose of impersonating another company or professional 9. Create user accounts under false or fraudulent pretences; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews for the same company 10. invade or violate any third party’s right to privacy; 11. Promote or further illegal activities; 12. Display pornographic or sexually explicit material; 13. Disclose information in violation of any legally enforceable confidentiality or other contractual restrictions or rights of any third party, including any current or former company or potential professional; 14. Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party; 15. promote racism, bigotry, hatred or physical harm of any kind against any group or individual; 16. Except as expressly approved by us, use Coolever for commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, affiliate links, and other forms of solicitation; 17. Imply a Coolever endorsement or partnership of any kind without our express written permission; 18. Send messages in violation of the any applicable anti-spam law; 19. Access Coolever so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from Coolever without our express written permission 20. Copy, modify or create derivative works of Coolever without our express written permission; 21. Copy or use the information, or data on Coolever in connection with a competitive service, as determined by Coolever; 22. use the information made available to the Company through its use of the Plans and/or the Website for any purpose other than in connection with the recruitment, 23. Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Coolever; 24. Interfere with, disrupt, or create an undue burden on Coolever or the networks or services connected to Coolever; 25. do anything whatsoever which shall or is likely to interfere with, damage, or distress to any person or all or any part of any computer, computer network, telecommunications service or infrastructure. 26. Create computer viruses or implement any form of software or scripts onto the Website that have the appearance of coming from a company or professional 27. register the same Company more than once for the purpose of circumventing Company limitations which have been created by the Website such as the number of Adverts the Company is permitted to create 28. publish Adverts with the aim of harvesting Professionals for any reason other than legitimate employment 29. publish Adverts that direct Professionals to apply through means that are not supported by Coolever and the Website; 30. request payments from Professionals; 31. transmit “junk mail”, or unsolicited mass mailing, messaging or “spamming” 32. Coolever takes breaches of the Contract, and in particular, this clause, very seriously and therefore reserves the right to take any action that Coolever deems necessary. This can include, without limitation, suspension or termination of the Company’s use of the Plans and/or access to the Website. In certain circumstances Coolever may choose to instigate legal proceedings as appropriate if there is any illegal use of the Plans and/or the Website, or disclose information to any third party who is claiming that any material posted or uploaded onto the Website constitutes a violation of their intellectual property rights or of their right to privacy or if the material is posted without that third party’s prior consent. The Company shall promptly notify Coolever if it is aware of any or any suspected breaches of this clause Your Rights Under The EU General Data Protection Regulation on 25 May 2018, you have the right to find out what information the Coolever about you. 1. The right to be informed 2. The right of access 3. The right to rectification 4. The right to erasure 5. The right to restrict processing 6. The right to data portability 7. The right to object 8. Rights in relation to automated decision making and profiling. Payment 1. The pricing to access the Website and Services are as set out on the Website (“Pricing”) 2. The Pricing may be based on- The number of Adverts the Company is permitted to create in its use of the Plans
- Any additional services that Company may request or take advantage of from time to time. The Company may only access the Plans by paying the Pricing.
- Unless stated otherwise on the Website or agreed by Coolever in writing, the Pricing shall be payable by the Company in the beginning of each subscription term, in the manner as set out on the Website.
- Modify, translate, create or attempt to create derivative copies of or copy the HR SaaS, Content or the Website in whole or in part;
- Reverse engineer, decompile, disassemble or otherwise reduce the object code of the HR SaaS, Content or the Website to source code form;
- Sub-license, distribute, share, sell, rent, grant a security interest in or otherwise transfer the HR SaaS, Content or the Website or the Companies and Professionals right to use the HR SaaS, Content or the Website.