WEBSITE TERMS OF USE AND PRIVACY POLICY
Terms of use
ATTENTION: This legal notice applies to the entire contents of this website under the domain name www.recruitest.co.uk (Website) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website. This notice is issued by nFocus Limited (Company). Registered in England and Wales No: 3942714. Registered office: e-Innovation Centre, Shifnal Road, Priorslee, Telford, Shropshire, TF2 9FT.
1. INTRODUCTION
1.1 You may access most areas of this Website without registering your details with us.
1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.3 The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
1.4 RecruiTest is a brand owned by The Company.
2. LICENCE
2.1 You are permitted to print and download extracts from this Website for your own use on the following basis: (a) no documents or related graphics on this Website are modified in any way; (b) no graphics on this Website are used separately from accompanying text; and (c) the Company’s copyright and trade mark notices and this permission notice appear in all copies.
2.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
3.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.
3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
4. VISITOR MATERIAL AND CONDUCT
4.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2 You are prohibited from posting or transmitting to or from this Website any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or (b) for which you have not obtained all necessary licences and/or approvals; or (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.2 or paragraph 4.3.
5. LINKS TO AND FROM OTHER WEBSITES
5.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
5.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions: (a) you do not remove, distort or otherwise alter the size or appearance of the website; (b) you do not create a frame or any other browser or border environment around this Website; (c) you do not in any way imply that the Company is endorsing any products or services other than its own; (d) you do not misrepresent your relationship with the Company nor present any other false information about the Company; (e) you do not otherwise use any trade marks displayed on this Website without express written permission from the Company; (f) you do not link from a website that is not owned by you; and (g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 The Company expressly reserves the right to revoke the right granted in paragraph 5.2 for breach of these terms and to take any action it deems appropriate.
5.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of paragraph 5.2.
6. DISCLAIMER
6.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.
6.2 The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
7. LIABILITY
7.1 The Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
7.2 While we take all reasonable attempts to exclude viruses from this website, we cannot ensure such attempts will be successful and we do not accept any liability for such viruses. You are recommended to take all appropriate safeguards before downloading information from this website.
7.3 Nothing in this legal notice shall exclude or limit the Company’s liability for: (a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or (b) fraud; or (c) misrepresentation as to a fundamental matter; or (d) any liability which cannot be excluded or limited under applicable law.
7.4 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
7.5 You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses arising from or related to your breach of any of these terms.
8. GOVERNING LAW AND JURISDICTION
This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.
9. EMAIL DISCLAIMER
Emails from nFocus Limited and any attachments may be confidential and are intended solely for the use of the individual to whom it is addressed. Any views or opinions expressed are solely those of the author and do not necessarily represent those of nFocus Limited.
If you are not the intended recipient of an email from a nFocus Limited employee or its attachments, you must take no action based upon them, nor must you copy or show them to anyone.
Please contact the sender if you believe you have received an email from nFocus Limited in error.
Privacy Notice and Policy
nFocus Ltd (RecruiTest is a brand of nFocus Ltd) is committed to ensuring that your privacy is protected. We have created this privacy notice and policy to demonstrate how we protect the privacy of our clients, our prospective clients, our candidates and all users of our digital assets.
Under the General Data Protection Regulation of GDPR, there are a number of lawful reasons that organisations can use or process your personal information. After careful consideration, nFocus Ltd have selected:
1. Legitimate Business Interest for clients and prospective client’s personal data.
2. Consent for candidates applying for jobs with nFocus Ltd and through nFocus Ltd to our clients.
Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
1. Who we are
nFocus Ltd are a multi-award-winning software testing consultancy that has been providing software testing services, solutions and the permanent and short-term placement of technology professionals since the year 2000.
2. Legitimate Business Interest
Put simply, legitimate business interest means that we can process your personal information if we (the controller) have a genuine reason to do so that does not override the interests or fundamental rights and freedoms of you (the data subject). We came to this decision after completing a detailed Legitimate Business Interest Assessment.
So what does this mean? The assessment showed that nFocus Ltd had a legitimate and the approach nFocus Ltd follows will not override your rights and interests.
Our legitimate interest is to be able to satisfy the needs of existing and prospective clients, as well as providing new employment opportunities to candidates. To do this we need to process personal data of individuals in their professional capacity. We will continually monitor this legitimate business interest and will modify our procedures should our legitimate business interest override your rights and interests.
3. How we use your data
• Direct Marketing: We may engage with you using business email, business postal address, your professional network social media account namely LinkedIn, or telephone marketing using your business phone or phone number provided by you. We will always do our best to profile our audience to ensure our content and services are appropriate to your job role.
• To deliver our services to our customers: To carry out obligations based on any contracts we intend to enter or have already entered. Orders: If you select nFocus Ltd as your supplier of choice, we will need to process some personal information in your professional capacity. This information will be used to ensure you receive the best possible service from nFocus Ltd, and to deliver the services we have agreed to provide.
• Research: To determine the success of our marketing activity, we will conduct analysis of the activity include email open rates, click through rates etc. This information helps us improve our marketing and ensure our content better supports your needs.
What information do we collect
We collect personal data relevant to your professional capacity only to enable us to complete the client engagement you have purchased on behalf of your organisation, or to keep you updated with services and content or to be able to profile prospective clients and share relevant services and content with you. For example, this includes but not limited to name, job title, company you work for, business phone number, any other phone number you have provided for this purpose, business email address, any email address you have provided when we have requested a business email address, how you engage with our content and so on.
4. Where we collect your information
We have collected and will continue to collect personal information in your business professional capacity from the following sources:
4.1. Through our website when you make an enquiry or request a specific piece of content
4.2. If you make an enquiry via email
4.3. If we meet you at an event and you request help or more information on a specific issue
4.4. If we meet you at an event and you enter one of our prize draws
4.5. If we purchase an event exhibition package that includes the personal data of the delegates – only where the delegate has opted-in to receiving information from third party service or solution providers
4.6. Where we share content through publications and you request to download our content through that publication.
4.7. Where we engage with a third party organisation for lead generation – there will always be an option to opt-in/opt-out that complies with GDPR.
5. How long we will keep your data?
You have the option of opting out of all nFocus Ltd communications and we will always remove you from our database within 24 hours of any request. We have also created a strict retention policy that automatically permanently deletes your data if you do not engage with nFocus Ltd or any of our content for 12 a month period.
6. Your rights as a data subject
Whilst we hold your data, as a data subject, you have the following rights:
• The right to be informed – the right to be informed about the collection and use of their personal data
• The right of access –have the right to access their personal data.
• The right to rectification – to have inaccurate personal data rectified, or completed if it is incomplete
• The right to erasure – in certain circumstances, the right for individuals to have personal data erased
• The right to restrict processing – in certain circumstances, you may request the restriction or suppression of their personal data.
• The right to object – individuals the right to object to the processing of their personal data in certain circumstances such as direct marketing
• Rights to object to automated decision making and profiling
To do any of the above or request any further information on the above, all you have to do is email dataprotection@nfocus.co.uk or write to:
nFocus Ltd
Subject Access Request
SE016/SE019
e-Innovation Centre
Shifnal Road
Priorslee
Telford
Shropshire
TF2 9FT
You may be asked for ID to confirm your identity.
7. Cookies
Like other websites, the nFocus Ltd website uses software features known as “cookies” to collect information about how the website is used. We use “cookies” to help improve your online experience with nFocus Ltd. A cookie is a text file that is placed on your hard disk by a Web server. Cookies are not used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you provide your details in a form to receive a white paper/case study or to contact us through the website, a cookie helps us to recall your specific information on subsequent visits. When you return to the same Website, the information you previously provided can be retrieved, saving you time.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. nFocus Ltd website allows you to accept or decline cookies the first time you visit. If you choose to decline cookies, you may not be able to fully experience the interactive features of the nFocus Ltd website. nFocus Ltd keeps track of the Websites and pages you visit within the Website, in order to determine what portion of the nFocus Ltd Website is the most popular or most used. This data is used to deliver customised content and promotions within the nFocus Ltd Website to customers whose behaviour indicates that they are interested in a particular subject area.
8. Third Parties
We only disclose information to third parties or individuals when obliged to by law, for purposes of national security, taxation and criminal investigations and the following:
• If you had agreed to do so
• When we use companies to provide services on our behalf for example postal marketing fulfilment or email distribution.
• If we merge with another organisation to form a new entity, information may be transferred to the new entity.
• We may provide aggregate information collected by us to our affiliates and third parties for research and analysis purposes, but this information will not include data which can be used to identify any individual.
We will never sell or rent your personal information. We will never allow a third party organisation to use your data for their own benefit.
9. Disclosure of your information inside and outside of the EEA
nFocus Ltd use the marketing platform Hubspot to manage process and store personal data. The Hubspot datacentre is based in the USA. Although this is outside the EEA, the EU have an agreement with the USA called Privacy Shield. The agreement made between the EU and the USA (to legitimise and regulate the transfer of PNR from EU Airlines to the US Department of Homeland Security) is regarded as providing adequate protection for the rights of the data subjects whose personal data (in the form of PNR) is transferred.
Hubspot have a comprehensive security program this is available here – https://www.hubspot.com/security
10. Users Under 18
To use this website you must be over the age of 18. If you are inquiring for a role and you are under the age of 18 please call our office on 0370 242 6235 where one of our trained team will be on hand to help. Users under the age of 18 are not allowed to provide us with personal information.
11. Consent
Should we want or need to rely on consent to lawfully process your data we will request your consent orally, by email or by an online process for the specific activity we require consent for and record your response on our system. Where consent is the lawful basis for our processing you have the right to withdraw your consent to this particular processing at any time.
12. Disclaimer
If nFocus Ltd provides links to other services, nFocus Ltd is not responsible for the content or privacy practices of these services. nFocus Ltd reserves the right to modify, alter or otherwise update this Privacy notice at any time and you are therefore encouraged to review it from time to time.
13. Contact us
If you have any question at all about any information contained here in our privacy notice all you have to do is email dataprotection@nfocus.co.uk or write to:
nFocus Ltd
Subject Access Request
SE016/SE019
e-Innovation Centre
Shifnal Road
Priorslee
Telford
Shropshire
TF2 9FT
You may be asked for ID to confirm your identity.
If you wish to make a complaint about how your personal data is being processed by us you have the right to lodge a complaint directly with the Supervisory Authority – the Information Commissioners Office (https://ico.org.uk) and nFocus Ltd Data Protection Representative.
The details for the latter are:
nFocus Ltd
Data Protection Complaint (data protection@nfocus.co.uk)
SE016/SE019
e-Innovation Centre
Shifnal Road
Priorslee
Telford
Shropshire
TF2 9FT