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Introduction
The FundsCareer.com website has been developed to enable users to search for
jobs in fund management. Users
may submit their CVs, register
for jobmail notifications and we
may seek to provide users with an effective automated
tool to locate job advertisements and opportunities.
In many cases, the search results are links to jobs
advertisements posted on external websites of third party recruitment
consultants or employers. In such cases, should you apply for the role, submit
your CV or make any contact with the Employer or recruitment consultant, FundsCareer.com will have no involvement whatsoever in that process once you
have clicked on the link to the external site. To the extent that external
Recruitment Companies and Employers use the FundsCareer.com website to list job
vacancies, FundsCareer.com Limited cannot and does not guarantee or warrant
the accuracy or reliability of any information, content or materials in this
site. FundsCareer.com Limited shall not be liable for any losses as a result of
reliance on information provided. The content of this web site may be changed
at any time without notice.
1. Scope
| 1.1 |
All business undertaken between you or your
company/organisation and FundsCareer.com Limited and your use of
FundsCareer.com is subject to these terms and conditions of business. |
| 1.2 |
Any references to "we" or "us" or "our" are references to
FundsCareer.com Limited or as appropriate to the FundsCareer.com website. |
2. Registration
| 2.1 |
The details provided by you on registration are important
and must be true, complete and correct. The information that we hold on you can
be viewed by you when you log-on to the website (either in the Recruiters
section or Candidates section as applicable) by using the user name and
password which will be provided to you upon registration. You agree to keep
these details updated at all times. |
3. Your Information
| 3.1 |
We will respect your information and undertake
to comply with all applicable UK data protection legislation currently in
force. |
| 3.2 |
Details of how we use your personal date are set
out in our Privacy Policy which is set out at the bottom of these terms and
conditions. |
| 3.3 |
Other than as required by law, or as permitted
by these conditions, we will not disclose your registration details or details
of your use of the website to any third party without your permission. |
| 3.4 |
We will not monitor or edit the contents of your
postings on the FundsCareer.com website unless required to do so by law (in
particular laws relating to defamation, harassment or obscenity) or in the good
faith belief that such action is necessary to: |
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3.4.1 |
conform to the edict of the law and comply with legal
process served on us; |
|
3.4.2 |
protect and defend our right to properties; |
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3.4.3 |
act under exigent circumstances to protect the personal
safety of our users or the public; or |
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3.4.4 |
carry out necessary maintenance or improvements to the
posting service. |
| 3.5 |
In order to maintain the integrity of
FundsCareer.com we reserve the right to forward contact details to any
regulatory authorities when requested to do so including the police; we may
also forward contact details where a complaint arises concerning your use of
FundsCareer.com and where that use is deemed to be inconsistent with these
terms and conditions. |
4. Intellectual Property Rights
| 4.1 |
Nothing in these conditions shall take effect so as to give
you any rights in relation to copyright, trade marks or other intellectual
property rights in FundsCareer.com, other than the limited rights of use of
such service set out in these terms and conditions.
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| 4.2 |
Except as permitted by applicable law, you agree not to
copy, modify or reverse engineer any part of FundsCareer.com |
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4.3 |
You hereby indemnify us
against any and all
liability for any and all
copyright infringement or
the breach of any other
intellectual property right
that is caused by your
failure to abide by these
terms and conditions. |
5. Our Obligation To You
| 5.1 |
We will use our reasonable endeavours to maintain
FundsCareer.com in a fully operating condition and error free. We shall have no
liability for any failures in you accessing FundsCareer.com caused by any
software utilised by you when in-putting any posting information. |
6. Your Obligations to Us
| 6.1 |
You agree that you will only use FundsCareer.com in a manner
that is consistent with these terms and conditions and in such a way as to
ensure compliance with all applicable laws and regulations. In particular, you
will not use FundsCareer.com to transmit or distribute any material which is
defamatory, offensive or of any obscene or menacing character, or which may, in
our judgement, cause annoyance or inconvenience or anxiety to any person
including without limitation any racist, sexist, harassing, threatening, vulgar
or abusive material, opinions or messages. |
| 6.2 |
You agree that you will not use the website to post any
false, misleading, phantom, out-of-date or duplicate opportunities or links
to such opportunities. In order to ensure that this condition is met, you agree
to keep under constant review all information that you have posted on the
website and, in particular, to remove any information in respect of job
positions which have ceased to be available. To the extent to which your
use, or the use by any employee or person authorised by you causes loss or
damage to any user of the FundsCareer.com site, or any other person, you agree
to indemnify us immediately on demand in relation to any such losses or damages
attributable to you, including where necessary any legal and administrative, or
technical charges that may arise from such use. |
| 6.3 |
You agree not to use FundsCareer.com or the services made
available to you on or via FundsCareer.com such that you cause a whole or part
of FundsCareer.com or such services to be interrupted, damaged, rendered less
efficient or in any way impaired. |
| 6.4 |
You agree to take full responsibility for the use of
FundsCareer.com made by you and accordingly you accept liability under these
terms and conditions for third party use of FundsCareer.com which is in breach
of these conditions. |
| 6.5 |
You agree not to use FundsCareer.com to gain or seek
unauthorised access to other computer systems. |
| 6.6 |
We reserve the right to suspend the services offered to you
by FundsCareer.com if we have reasonable cause to suspect that you are in
breach of any of the terms of these conditions. |
7. Limitation of Liability
| 7.1 |
Nothing in these terms and conditions shall limit either our
or your liability for personal injury of death (respectively) caused by our or
your negligence. |
| 7.2 |
Subject to condition 7.1 above, except as set out in these
terms and conditions, we shall not be liable to you or to any third party for
any lost profits; any loss of business; any cost of replacement services; any
punitive or exemplary damages; or any indirect, consequential, incidental or
special losses or damages or any kind or nature whatsoever, howsoever caused;
and, unless otherwise excluded under this condition, your exclusive remedy for
any claim, loss or damages in any way related to any services provided or
anticipated to be provided under these conditions shall be limited to the
aggregate value of any service levels purchased from us. Nothing contained in
this condition shall prevent either party from seeking interlocutory relief. |
8. Termination
| 8.1 |
On successful registration and acceptance as a
FundsCareer.com user, you shall be entitled to use FundsCareer.com subject to
these conditions, which will remain effective until terminated in accordance
with the following provisions. |
| 8.2 |
Your right to continue to use FundsCareer.com will terminate
immediately on written notice from us if: 8.2.1 you fail to comply with any of
these conditions; or 8.2.2 you become insolvent or bankrupt. |
| 8.3 |
We may notify you by giving 1 month's prior written notice
if we choose to cease to provide FundsCareer.com for any reason. |
| 8.4 |
Written notices as required by these conditions will be sent
either by email or post to the relevant party's address as set out at the head
of these conditions or in your details as visible to you when you log in to the
Recruiters or Candidates section of the website respectively using your user
name and password. |
| 8.5 |
On termination you will destroy or delete as appropriate all
material and content contained or provided to you for your use of
FundsCareer.com. |
9. Payment Terms
| 9.1 |
All invoices are subject to VAT at the prevailing rate and
are payable within 7 days of invoice date. Late payment will render null and
void our undertaking to provide the posting service. |
| 9.2 |
We have a right to charge interest at the rate of 2.5% per
month above the base-lending rate of
Abbey Bank Plc from time to time or part
thereof on all accounts remaining unpaid 30 days after the invoice date. |
10. Waiver
| 10.1 |
Failure or neglect by FundsCareer.com Limited to enforce at
any time any of the provisions of these terms and conditions shall not be
construed nor shall be deemed to be a waiver of FundsCareer.com Limiteds
rights under these terms and conditions nor in any way affect the validity of
the whole or any part of these terms and conditions nor prejudice
FundsCareer.com Limiteds rights to take subsequent action. |
11. Severability
| 11.1 |
In the event that any of the terms, conditions or provisions
of these terms and conditions shall be determined by an competent authority to
be invalid, unlawful or unenforceable to any extent, such term, condition or
provision shall to that extent by severed from the remaining terms, conditions
and provisions which shall continue to be valid to the fullest extend permitted
by law. |
12. Force Majeure
| 12.1 |
FundsCareer.com Limited shall not be liable to you in
respect of anything that may constitute breach of this Agreement arising by
reason of force majeure, namely circumstances beyond the control of
FundsCareer.com Limited which shall include (but shall not be limited to) acts
of God, perils of the sea or air, fire, flood, drought, explosion, sabotage,
accident, embargo, telecommunications and utilities failure, riot, civil
commotion or civil authority, including acts of local government and
parliamentary authority, breakdown of plant or machinery or software or death
of royalty. |
13. Applicable Law and Jurisdiction
| 13.1 |
The laws and England and Wales shall govern these conditions
and your use of FundsCareer.com and the parties hereby submit to the exclusive
jurisdiction of the English courts. |
14. Legal Disclaimer
FundsCareer.com Limited and its presence through
the domain name http//www.fundscareer.com has taken, and will continue to take
care in the development, preparation and maintenance of the functionality for
the FundsCareer.com web site. To the extent that FundsCareer.com Limited is
actively involved in posting information on the FundsCareer.com website, we
will use reasonable endeavours to ensure only accurate information is posted on
the web site. However, to the extent that external Recruitment Companies and
Employers use the FundsCareer.com website to list job vacancies,
FundsCareer.com Limited cannot and does not guarantee or warrant the accuracy
or reliability of any information, content or materials in this site.
FundsCareer.com Limited shall not be liable for any losses as a result of
reliance on information provided. The content of this web site may be changed
at any time without notice. FundsCareer.com Limited accepts no responsibility
for any loss or damage whatsoever resulting from reliance on any statements
contained in this web site. The information provided on this Web Site is
provided without any warranty of any kind, either express or implied. While
FundsCareer.com Limited uses reasonable efforts to obtain information from
sources which it believes to be reliable, it makes no representation that the
information or opinions contained on the Web Site, or associated links to the
web site, are accurate, reliable or complete. FundsCareer.com Limited will
accept no responsibility or liability for any material or services contained on
any web site not under the control of FundsCareer.com Limited. FundsCareer.com
Limited does not warrant that the functions contained in the site will be
uninterrupted or error-free, that defects will be corrected, that the site or
any server that makes it available is free from viruses or other harmful
components, or that successful or accurate results or outcomes will result from
your use of this site. FundsCareer.com Limited makes no representations as to
the availability of positions advertised on the FundsCareer.com Limited web
site.
15. PRIVACY POLICY
FundsCareer.com Limited is committed to protecting
your privacy. This Privacy Policy explains the steps we take to ensure
information about you is kept secure and confidential, and is only used for the
purposes as set forth herein. Please read this Privacy Policy carefully to
understand how your personal information will be treated. By using our website
(http://www.FundCareer.com) and passing on any personal information to us, you
will be deemed to have read and accepted this Privacy Policy.
a. Information we collect about you
We collect personal information from visitors to this website through the
registration process, through your use of online forms, every time you email us
your details and, in particular, when you subscribe to use the Job Mail
service or submit your CV. Job Mail Job Mail is an online service offered by
FundsCareer.com Limited to keep candidates up to date on all relevant positions
available on our site. You will be required to provide your email address when
subscribing to this service and also details such as the job location
(e.g.London), category (e.g. fund accounting) and type (e.g. temporary or
permanent) that you are seeking. This enables us to send to you emails
notifying you of recent positions which have come available. You have the
option of removing your details from Job Mail at any time by unsubscribing to
the service on the website. This can be found by clicking on the 'Candidates'
menu at the top of the home page (http://www.fundscareer.com).
Your personal
FundsCareer.com preferences. For example, if you use the FundsCareer.com
website to search for fund accounting jobs in Paris, the system may record this
information so that should your computer visit the website again, the
advertisements which appear on the website may be tailored for your interest; for example an advertisements for jobs in France.
Online Identifiers. This
data includes your domain name and IP address, operating system, browser
version, the web site that you visited prior to our site and unique number
identifiers that are automatically generated by our systems when you visit our
site. This information is principally captured through the use of Cookies.
Cookies are described in detail below Transactional Information The
website, systems and servers also keeps a record of the pages you have visited
when you have used the FundsCareer.com website.
b. The purposes for which we collect your information
We collect information about you for the following purposes: Customer
administration
To ensure that we maintain the highest levels of customer service when
providing you with our products and services that you have chosen to receive.
To ensure that the online products and services that you have chosen to receive
are delivered to you in the most effective way. We process personal information
collected via this website for the purposes of:
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providing and personalising our services
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dealing with your inquiries and requests
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administering orders and accounts relating to our suppliers or customers
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administering membership records
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crime prevention and prosecution of offenders.
Personalisation and technical administration of the web site
In order to further enhance your online experience, we may use your personal
information to ensure that the online content is tailored to your needs. For
example, by automatically directing you to the parts of the site in which you
are interested or by tailoring our advertisements to meet your profile.
Research and development To develop new and improve existing FundsCareer.com
Limited products and services, which we believe may be of interest to you.
Marketing
To provide you with details of other FundsCareer.com Limited products and
services, which we believe may be of interest to you and to provide you with
details of products and services offered by third parties, which we believe may
be of interest to you. Third parties may also use any of these methods of
marketing to let you know about their products. By providing your contact
details to us, you indicate your willingness to receive information (about
FundsCareer.com Limited products and services (and those of third parties) by
e-mail, text message and by other methods of marketing including postal mail.
You may opt-out of receiving information about i) our products or services
and/or ii) products or services offered by other companies within our group
and/or iii) products or services offered jointly with or on behalf of other
organisations by
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sending us an email at privacy@fundscareer.com. Indicating your preference on a
web page at the point where personal data is collected
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Sending an email to privacy@fundscareer.com
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Sending postal mail to FundsCareer.com
Limited, 15 Old
Leicester Road, Wansford,
Peterborough, PE8 6JR.
We may also pass on personal information in the form of aggregate, but not
individual, statistics to potential advertisers or other bodies to display
estimate numbers of users, job categories and job locations which users are
interested in receiving job information in respect of. This information assists
us in developing the most valuable service for our users. If we were to use
your personal data for a new purpose, we would offer you the means to consent
to this new purpose by indicating so in a box at the point on the site where
personal data is collected.
c. How do we collect information
We collect personal information from visitors to this website through the
registration process, through your use of online forms, every time you email us
your details and, in particular, when you
send us your C.V. or subscribe to use the Job Mail
service.
Registration Forms / Contact Forms
We collect information about you whenever you complete any registration forms
or contact forms or such forms on the website or whenever you email us. Moving
from one page to another When you use the website and move from page to page
within our site, the information you provide is automatically stored in our
electronic files. This would include for example information on which pages of
the site you visited.
Cookies
A cookie is a very small text file placed on your hard drive by a web page
server. It enables the server to collect information from the web browser. Find
out more about the use of cookies on www.cookiecentral.com. It works like an
identification card whose purpose is to tell the server that you have already
been to that web page before and are now returning. A cookie cannot be executed
as code or deliver viruses. It can only be read by the server that gave it to
you and is unique to your computer. We use cookies to identify you when you
visit this website and to keep track of your browsing patterns and build up a
demographic profile. Cookies allow users to be presented with a personalised
version of the site, carry out transactions and have access to information
about their account. They save you time by remembering usernames and passwords.
Cookies also enable predictive text in the location box. For example, if you
begin to write the FundsCareer.com web address, by the time you have typed in
www.fu, your browser location box will probably be offering you
www.fundscareer.com without having to key in further characters. If you
personalise pages, or register for products or services, a cookie helps us
remember who you are, so that next time you return, we know to show you the
information you requested. Or, when you register for another product or
service, all you need to do is type in your e-mail address and a password. Most
browsers allow you to turn off cookies. If you want to know how to do this
please look at the help menu on your browser. However, switching off cookies
could restrict your use and enjoyment of the FundsCareer website. It is not
recommended that you activate cookies to be stored for web pages, which may
include sensitive or personal information about yourself if you constantly move
workstation.
Telephone
If we speak to you by telephone we will ask your permission to retain the
information you provide in our client database (electronic files).
Research
Particularly as regards Recruiters, we may find out information about you
through research. For example, you may have consented to have some of your
details appear in literature and directories or on your website or that of your
employers in order to promote their goods and services.
d. Data Transfer
Given that the Internet is a global environment, using the Internet to collect
and process personal data necessarily involves the transmission of data on an
international basis. Therefore, by browsing this website and communicating
electronically with us, you acknowledge and agree to our processing of personal
data in this way. For example, whilst FundCareer.com Limited is a UK business,
administered primarily in the UK and subject to UK Data Protection legislation,
it may be for example that the servers hosting the website may be situated
outside of the UK. In particular, in the course of undertaking the activities
specified in this privacy statement, we might transfer the data we collect
about you outside the European Economic Area to countries that do not have data
protection laws or to countries where your privacy and other fundamental rights
may not be protected as extensively as in the UK. By accepting FundsCareer.com
Limiteds terms and conditions you acknowledge and agree to the transfer of
your data on an international basis for the purposes set out in this privacy
statement.
e. Disclosure to other parties
We may disclose your personal data to our subsidiaries and to other
organisations (such as other service providers to the financial services
industry), successors in title to our business and suppliers that process data
on our behalf. Where we disclose your personal data for commercial purposes, we
provide you with the means to either opt-in or opt-out of the disclosure by:
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Indicating your preference on a web page at the point where personal data is
collected
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Sending an email to privacy@fundscareer.com
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Sending postal mail to FundsCareer.com Limited,
15 Old Leicester Road, Wansford,
Perterborough, PE8 6JR
f. Other websites
Our website contains links to other websites. You should in particular be aware
that, in most cases, the search results generated when you use the website are
links to jobs advertisements posted on external websites of third party
recruitment consultants or employers. In such cases, should you apply for the
role, submit your CV or make any contact with the Employer or recruitment
consultant, FundsCareer.com will have no involvement whatsoever in that process
once you have clicked on the link to the external site. Obviously, these
websites are outside our control and are not covered by this Privacy Policy. If
you access other sites using the links provided, you are then visiting those
external websites, notwithstanding that those webpages may be viewed through a
window on our website. The operators of these sites may collect information
from you which will be used by them in accordance with their privacy policy,
which may differ from ours. Where those operators are outside of the UK, they,
and your use of their websites, will not be governed by the UK Data Protection
legislation. FundsCareer.com Limited is not responsible for the accuracy or
efficacy of any of the information or data policies and procedures contained
within these third party web sites.
g. How does FundCareer.com Limited ensure the confidentiality and security of
your information
We have implemented security policies, rules and technical measures (including
password controls and physical documentation controls) to protect the personal
data that we have under our control from:
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Unauthorised access
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Improper use or disclosure
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Unauthorised modification
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Unlawful destruction or accidental loss
All our employees and data processors that have access to, and are associated
with the processing of personal data, are obliged to respect the
confidentiality of our visitors' personal data.
h. Obtaining copies of your personal information
You can obtain a copy of the personal data that is held in relation to you.
FundsCareer.com Limited is allowed by law to charge you a fee for this service.
If you wish to exercise this right, please put your request in writing together
with a cheque for £10 made
payable to FundsCareer.com Limited and send it to:
FundsCareer.com Limited 15 Old
Leicester Road, Wansford,
Peterborough, PE8 6JR.
We will provide you with a copy of the data that we hold about you within 40
days of receipt of payment. If you find that any of the personal data that we
hold is incorrect please inform us as soon as possible, so that our records can
be amended as necessary. If you have any queries please contact us at
privacy@fundscareer.com.
i. Contact Details, queries and concerns
If you have any requests concerning your personal information or any queries
with regard to these practices please contact us at privacy@fundscareer.com.
If, after discussing your enquiry or concern with the company secretary, you
are still not satisfied with the response, you may wish to contact: The
Information Commissioner Wycliffe House, Water Lane, Wilmslow, Cheshire SK9
5AF, UK www.informationcommissioner.gov.uk
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