PLEASE READ THESE TERMS CAREFULLY AS THEY APPLY TO THE SERVICES WE PROVIDE TO YOU
These Terms and Conditions were last updated: 3rd September 2019
1. ABOUT THESE TERMS AND CONDITIONS
1.1. Candidate Talent is a provider of practice psychometric tests for undergraduates and operates the website, www.candidatetalent.com. Our office address is Candidate Talent, City Gate East, Toll Hill House, Nottingham NG1 5FS.
1.2. The website is made available to users on the Terms and Conditions set out below. The Terms and Conditions should be read in conjunction with our Acceptable Use Policy and Privacy and Cookies Policy. These parts together or applied separately form a legally binding contract between you and Candidate Talent.
1.3. Use of the website constitutes an agreement to be bound by these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions you should not use the website.
2. INTERPRETATION OF THESE TERMS
2.1. Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa.
2.2. The headings contained in these Terms and Conditions are for convenience only and do not affect their interpretation.
2.3. References to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
3.1. To use the website to carry out tests, users must first complete the registration process. All details provided must be accurate and correct. You must only register your own details and not use any words that are trademarks, vulgar, obscene, or in any way inappropriate.
3.2. Registration is specific to the individual and registered details must not be shared.
4. LICENCE TO USE OUR TESTS AND MATERIALS
4.1. Access to the Candidate Test website is free and on the basis of personal use. We shall provide registered users with a free licence to use the website.
4.2. We reserve the right to suspend or restrict access to any user to the website at any time without notification.
4.3. We reserve the right to limit the number of users using the site at any time.
4.4. Users are not permitted to transfer their licence to any third party, and this may be treated as a material breach of our Terms and Conditions.
4.5. Candidate Talent reserves the right at its sole discretion to deny access to all or parts of the website, to close down accounts of users and change any eligibility criteria at any time and for whatsoever reason
4.6. Access to the content on the website is on an “as is, as available” basis.
5. USERS’ ACCOUNT DETAILS
5.1. Each user is only permitted to have one account and must be registered with a real name. If necessary, additional identification may be required. Users must keep details of their account secret and secure. Passwords must not be used or shared with colleagues or anyone else. Users are responsible for all activity on their account, unless we are notified of fraudulent or unauthorised use.
6.1. No fees are payable for the use of CandidateTalent practice tests by authorised users, which include active college and university students and those individuals that have graduated within two years of their CandidateTalent account registration.
7.1. This Agreement shall come into force on our acceptance of your registration on the website. Your agreement to these Terms and Conditions shall remain in force until notice of termination is given by you.
7.2. We reserve the right to revise our fees and renegotiate our service offering after the initial subscription period.
7.3. If there is a long period of inactivity on your account, we may contact you to confirm that you still wish to be registered. If we are unable to contact you, we reserve the right to suspend or remove your registration from the website.
8.1. Access to use the Candidate Talent website will be on an ongoing basis unless terminated by either party in accordance with the provisions of these Terms and Conditions.
8.2. Without limiting any of our other rights, we may suspend our Services, temporarily or permanently with immediate effect by giving written notice to you if you commit a material breach of these Terms and Conditions and (if such a breach is remediable) fail to remedy that breach within 5 days of you being notified in writing to do so.
8.3. Users can request that their account is closed at any time.
8.4. Once your account with us is closed, a user’s profile and all related data will be removed from our systems. Limited data required for other purposes by Candidate Talent may be archived as we determine is appropriate.
8.5. We reserve the right to limit or prevent access to the Candidate Talent website on a temporary or permanent basis for any user, or number of users, if there is a breach of our terms of Acceptable Use.
8.6. Termination of this Agreement shall not affect the rights or remedies of either party that have accrued prior as at termination.
The website and its original content, features, and functionality are owned by Candidate Talent and are protected by copyright law. Users are referred to our Copyright Statement available on our website.
10. LIMITATION OF USE
10.2. Users must not scrape any data from the website by any means including, but not limited to, the use of software, devices, scripts, robots or other processes to copy profiles or any other website content, whether it is seen by the user or used in the construction of the website.
10.3. Users may not reproduce, copy, distribute, store or by any other means reproduce material from the website unless expressly given permission to do so by Candidate Talent.
11. DATA PROTECTION
11.1. Candidate Talent acts as a Data Controller in relation to the services supplied under these Terms and Conditions, all data provided to Candidate Talent is treated as confidential. We reserve the right to withhold records which may compromise the confidentiality of other users.
11.2. The person responsible for data protection matters is Jaswinder Rathour.
11.3. Under data protection legislation, data subjects have the right to access any data personal data kept by Candidate Talent through a Subject Access Request (SAR). If you wish to invoke this right, you should email firstname.lastname@example.org
11.4. As permitted under data protection legislation we will store personal data only for as long as necessary and for legitimate purposes. We do not pass personal data to any third parties except where lawfully permitted to do so. Personal data is not sold to any third party.
11.6. We retain the right to respond to legal requests as necessary.
12. INTELLECTUAL PROPERTY
Candidate Talent reserves the right to all intellectual property in relation to this website and the services provided by us including, but not limited to, text, graphics, logos, icons, images, data compilations, page layout, underlying code and software. Use of our website does not give the user any ownership in the services, its content or any trademark or logo used on the website by Candidate Talent.
13. CHANGES TO TERMS AND CONDITIONS
We reserve the right to change, modify, add or remove any portion of these Terms and Conditions at any time and you are advised to check these regularly to see that you are reading the most up-to-date Terms and Conditions.
14. LIMITATION OF LIABILITY
14.1. Candidate Talent has taken every care in the preparation of the content on this website, but to the full extent permissible we disclaim all responsibility for damage or loss howsoever arising including but not limited to loss of projects, loss of profits, loss of data or consequential or indirect losses arising in contract, tort or otherwise from the use of or inability to use the website and/or any information or services on the website.
14.2. Content and information available on the website is not intended to constitute advice and should not be relied upon when for determining a certain course of action or inaction.
14.3. Candidate Talent shall not be responsible for any error or omission in the content of any third party material provided on the website.
14.4. Candidate Talent does not warrant or make any representation regarding the use of, or the results of, any tests or materials on the website including but not limited to their correctness, accuracy, timeliness or reliability. Reports and scores will be generated electronically and Candidate Talent shall not be liable for any consequences of such contents.
14.5. We make no warranty that the contents of this website are free from the influence of malware which has destructive or monitoring properties and shall have no such liability.
14.6. Any images used on the website are for illustrative purposes only.
14.7. As required by law, our liability is not limited in the following circumstances:
14.7.1. death or personal injury caused by our negligence;
14.7.2. fraud or fraudulent misrepresentation;
14.7.3. any breach of the terms for which liability cannot be limited or excluded as provided for under Section 31 of the Consumer Rights Act 2015.
15. NO WAIVER
No failure or delay by Candidate Talent in exercising any of its rights shall be deemed to be a waiver of that right, and no waiver of a breach of any provision of the terms and Conditions shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
16. FORCE MAJEURE
Candidate Talent shall not be liable for any failure or delay in performing their obligations under these Terms and Conditions where such failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of Candidate Talent.
17. ENTIRE AGREEMENT
By using the Candidate Talent website, users accept that they shall not rely on any representation, warranty or other provision except as expressly provided in these Terms and Conditions. All conditions, warranties or other terms implied by statute or common law are excluded as fully permitted by law.
Each of these conditions is separate from all other conditions, so that if one condition is found to be void or otherwise unenforceable it will not affect the validity of any of the others.
19. NO PARTNERSHIP
Nothing in these Terms and Conditions shall constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship other than the contractual relationship expressly provided for in these Terms and Conditions.
20. THIRD PARTIES
No part of these Terms and Conditions shall confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.
Users may not assign, mortgage, charge or sub-license or otherwise delegate any of its rights, or sub-contract or otherwise delegate any of its obligations to any other user.
22.1. Notices sent to you by e-mail will be deemed to have been received twenty-four hours after sending. Letters sent by post will be deemed to have been received forty-eight hours after sending.
22.2. We can be contacted by email to email@example.com
22.3. The postal address for all notices and correspondence is Candidate Talent, City Gate East, Toll Hill House, Nottingham NG1 5FS.
23. JURISDICTION AND GOVERNING LAW
These Terms and Conditions and all disputes, whether contractual or otherwise, arising out of or in connection with them are governed by and shall be construed in accordance with the laws of England and Wales and each party submits to the exclusive jurisdiction of the English courts.
ADDENDUM – DATA PROCESSING AGREEMENT
Candidate Talent may require the disclosure of personal data to provide services through the website, www.candidatetalent.com
This Data Processing Agreement (“DPA”) is an addendum to the agreement between Candidate Talent (“the Data Processor”) and the user accepting the Terms and Conditions of Candidate Talent for the use of the website.
IT IS AGREED AS FOLLOWS
The user acknowledges that for the purposes of Data Protection Legislation, that they are the Data Controller of personal data disclosed to Candidate Talent when providing services through the website. The parties agree and accept the following Terms and Conditions in relation to the processing of all applicable personal data.
“Data Controller” has the meaning set out in s6 of the Data Protection Act 2018;
“Data Processor” has the meaning set out in s3(6) of the Data Protection Act 2018;
“Data Protection Legislation” has the meaning set out in s3(9) of the Data Protection Act 2018;
“Data Subject” an identified or identifiable natural person as defined by s3(5) of the Data Protection Act 2018;
“GDPR” EU Regulation 2016/679, known as the General Data Protection Regulation;
“Personal Data” has the meaning set out in s3(2) of the Data Protection Act 2018.
ROLE OF DATA PROCESSOR
The Data Processor shall comply with all applicable Data Protection Legislation and not process Personal Data other than on the Data Controller’s instructions unless processing is required by law. If required by law the Data Processor agrees to inform the Data Controller of that legal requirement before the processing of such Personal Data.
The Data Processor shall take reasonable steps to ensure the reliability of any employee, agent or worker processing data on behalf of the Data Controller. The Data Processor will ensure that in each case access is strictly limited to those individuals who need to know, or need to access, the Personal Data, as strictly necessary for the agreed purposes and to comply with Data Protection Legislation. The Data Processor shall ensure that all such individuals are subject to confidentiality undertakings or professional or statutory obligations of confidentiality.
Each party agrees to assist the other in complying with all applicable requirements of Data Protection Legislation, including but not limited to, the General Data Protection Regulation (GDPR).
Each party accepts that any material breach of Data Protection Legislation shall, if not remedied within 30 days of written notice from the other party, give grounds to the other party to terminate this Agreement and any other Agreement that relates to Services that is conditional on this Agreement with immediate effect.
Each party shall:
(1) ensure that it has all necessary consents and notices in place to enable the lawful transfer of Personal Data to the other party;
(2) give full information to any data subject whose personal data may be processed under this agreement of the nature of such processing;
(3) ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, Personal Data;
(4) not transfer any Personal Data outside of the European Economic Area unless the prior written consent of the data subject has been obtained and the following conditions are fulfilled:
(a) the data subject has enforceable rights and effective legal remedies with regard to the transferred personal data; and
(b) the transferring party complies with its obligations under data protection legislation by providing an adequate level of protection to any personal data that is transferred.
OBLIGATIONS OF THE DATA PROCESSOR
The Data Processor shall:
(1) not disclose or allow access to Personal Data to anyone other than the Data Processor; and
(2) ensure that all any third parties authorised to use Personal Data are subject to written contractual obligations including obligations of confidentiality, which are no less demanding than those imposed by this DPA.
(3) ensure a level of security appropriate to that risk, including, as appropriate, the measures referred to in Article 32(1) of the GDPR. In assessing the appropriate level of security, the Data Processor shall take account in particular of the risks that are presented by Processing, in particular from a data breach;
(4) ensure compliance with its obligations under Data Protection Legislation with respect to security, breach notifications and consultations with the supervisory authority;
(5) notify the other party without undue delay if aware of a breach of Data Protection Legislation;
(6) at the written direction of any Data Subject, delete or return Personal Data and copies thereof to the Data Subject unless required by law to store the Personal Data;
(7) use compatible technology for the processing of Personal Data to ensure that there is no lack of accuracy resulting from Personal Data transfers;
(8) maintain complete and accurate records and information to demonstrate its compliance with relevant Data Protection Legislation;
(9) provide the other party with contact details of a point of contact for all issues arising out of Data Protection Legislation;
(10) provide reasonable assistance with any data protection impact assessment and prior consultation with the Information Commissioner’s Office (ICO) as requested by the Data Controller.
Each party shall comply with data protection legislation, including but not limited to, the General Data Protection Regulation (GDPR) and agrees that any material breach of Data Protection Legislation shall, if not remedied within 30 days of written notice from the other party, give grounds to the other party to terminate this Agreement with immediate effect.
Each party shall indemnify the other against all claims and proceedings and all liability, loss, costs and expenses incurred by the other as a result of any claim made or brought by a data subject or other legal person in respect of any loss, damage or distress caused to them as a result of any breach by the other party of data protection legislation by that party, its employees or agents, provided that the indemnified party gives to the indemnifier prompt notice of such claim, full information about the circumstances giving rise to it, reasonable assistance in dealing with the claim and sole authority to manage, defend and/or settle it.
The Data Processor shall not retain or process Personal Data except for the purpose agreed with the Data Controller or where there is a lawful basis on which to do so.
The Data Processor shall make available to the Data Controller on request all information necessary to demonstrate compliance with this Agreement, and shall allow for and contribute to audits, including inspections as required by the Data Controller.
The Data Controller undertaking an audit shall give the Data Processor reasonable notice of any audit or inspection and shall make reasonable endeavours to avoid causing any damage, injury or disruption to the Data Processors’ premises, equipment, personnel and business.
TERM AND TERMINATION
This Agreement shall commence upon signature of the parties and shall continue in force until completion of the services or agreed purpose, instruction by the Data Controller to stop processing, or until termination of the Principal Agreement between the parties. Post termination each party agrees to uphold their obligations in respect of ongoing compliance with applicable data protection legislation.
Termination of this Data Processing Agreement shall not discharge the Data Processor from the obligations of confidentiality.
CHANGES IN DATA PROTECTION LAW
The Data Controller may propose any other variations to this Agreement which the Data Controller reasonably considers to be necessary to address the requirements of Data Protection Legislation.
If Data Controller gives notice, the Data Processor shall promptly co-operate (and ensure that any affected Sub-processors promptly co-operate) to ensure that equivalent variations are made to any other relevant agreements in place.
The Data Controller shall not unreasonably withhold or delay agreement to any variations to this Agreement proposed by the Data Processor to protect against any additional risks.
Neither the Data Controller nor Data Processor shall require the consent or approval of another party to amend this Agreement in relation to changes in Data Protection Legislation.
© 2019 Candidate Talent