ALEXANDER MANN SOLUTIONS CORPORATION (“AMS”, “WE” or “OUR”) HAS DEVELOPED AND DEPLOYS A CLOUD PLATFORM (“PLATFORM”) WHICH ENABLES AN ARTIFICIAL INTELLIGENCE POWERED CANDIDATE ATTRACTION SERVICE (INCLUDING AUTOMATED CHATBOT AND MESSAGING PLATFORM). THE PLATFORM IS ACCESSIBLE TO OUR CUSTOMERS (“CUSTOMER”, “YOU” or “YOUR”) WHO ARE SEARCHING FOR CANDIDATES.
EFFECTIVE DATE: MAY 1st, 2020
- Hourly is an automated candidate attraction platform that uses an artificial intelligence powered chatbot to help You make your recruiting process simpler whilst at the same time providing an intuitive and user-friendly recruiting experience for the Candidates.
2.Definitions and interpretation
|Controller||means the natural or legal person who determines the purpose and manner in which Personal Data is to be Processed;|
|Data Protection Laws||means, as applicable to either party:|
(a) any applicable law relating to the Processing, privacy and/or use of Personal Data, as applicable to either party;
(b) any laws which implement any such laws; and
(c) any laws that replace, extend, re-enact, consolidate or amend any of the foregoing;
|Candidate||has the meaning given in the General Terms;|
|Candidate Request||means a request made by a Candidate to exercise any right(s) of Candidates under Data Protection Laws in relation to any of the Personal Data or concerning the Processing of such data;|
|Disclosing Party||means each party to the extent it (or any person acting on its behalf) discloses or otherwise makes accessible any Personal Data to the other party (or any person acting on the other party’s behalf);|
|Personal Data||means any information relating to an identified or identifiable individual, including but not limited to names, addresses, contact information, date of birth, identification numbers;|
|Processing||has the meaning given in applicable Data Protection Laws from time to time (and related expressions, including Process, Processed and Processes shall be construed accordingly);|
|Processor||has the natural or legal person who processes Personal Data on behalf of the Controller;|
|Receiving Party||means each party to the extent it (or any person acting on its behalf) receives or accesses any Personal Data disclosed or made available by the other party (or any person acting on the other party’s behalf);|
3. Types of data collected
- Personal Data Collection & Types
- You collect Personal Data from Us and from Candidates, including from your use of the Platform or directly from your interactions and communications with the Candidates.
- We collect Personal Data from You and from Candidates. This is done online or in person; via the Platform; via communications we receive from You (including telephone and/or email); from your use of our Platform; or from Authorized Users; or from our interactions and communications with the Candidates.
- AMS and You may also disclose to each other Personal Information which includes, but is not limited to, Personal Data about our respective staff, employees and agents (including company information, names, work address, work contact information, work email address) and Personal Data about Candidates which is not disclosed by the Candidate via the Platform.
- Non-personal Information/Platform Usage
- Cookies & Tracking Data
4. Compliance with laws
- We both agree to comply with all Data Protection Laws which govern and regulate the use of Personal Data.
5. Our Use of Personal Data
- By using the Platform, we will have access to, receive and process Your Process Personal Data, and Personal Data which is provided by Candidates who interact with the Platform. We may, at our discretion and in compliance with Data Protection Laws, use the Personal Data for the following purposes:
- To liaise with, and communicate with Your hiring managers on behalf of a Candidate for a job;
- To provide, monitor and improve the Services which we provide to You and to the Candidates;
- To provide you with support services and respond to queries which are submitted to us via our messaging or ticketing service;
- To improve our customer service experience;
- To send information to Candidates which they have agreed to accept;
- To communicate periodically with You and/or Candidates;
- To process payments made to us;
- To monitor and rectify technical faults with the Platform;
- To monitor how the Platform is used.
- Subject to anything in the Order, we may, at our discretion, aggregate and anonymize Your Personal Data and Candidate Personal Data at our discretion and/or use the same to improve Our systems and processes and/or disclose the same where this disclosure does not identify the Customer.
6. Your Use of Personal Data
7. Sharing Personal Data
8. General obligations
- 8.3. Where one of us is a Disclosing Party, we agree that the Disclosing Party:
- is, as between the parties, the primary point of contact for Candidates;
- 8.3.2. shall ensure that the Personal Data has been collected, Processed and transferred in accordance with the Data Protection Laws as applicable to that data;
- shall ensure the Personal Data is accurate and up-to-date when disclosed or made accessible to the relevant Receiving Party;
- 8.3.4. shall promptly notify the Receiving Party if a relevant Candidate has requested that their Personal Data is no longer Processed by either party;
- Without prejudice to any other obligation, if either party becomes aware any of the Personal Data is inaccurate or out of date, it shall promptly notify the other.
9. Disclosure of Personal Data
- If required to do so by law enforcement or in response to a governmental or regulatory body responsible for the enforcement of Data Protections Laws;
- If necessary to comply with a legal obligation, whether under the Data Protection Laws or otherwise;
- To prevent our customers or the public from harm or illegal activities.
10. California Statement
- As a global company, Alexander Mann Solutions Corporation may serve certain natural persons residing in the State of California. This California Statement explains the rights that Your staff or employees may have under the California Consumer Privacy Act of 2018 (“CCPA”).
- When we use the term “personal information” in this California Statement, we are using that term as CCPA defines it, which CCPA generally defines “personal information” to mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. However, personal information does not include publicly available, deidentified, or aggregate personal information (which are all defined in CCPA).
- Please refer to clause 11 below under the heading “Protection Of Personal Data”, where we have set out important information about how we secure your personal data.
- California residents also have certain rights regarding the sale of personal information. Alexander Mann Solutions Corporation does not sell personal information.
- You will not be discriminated against because you have exercised any of your privacy rights under the CCPA.
- To make a request to amend or complain about how your personal information is used, email: Hourly.Privacy@alexmann.com.
- To request deletion of your personal information, email: Hourly.Privacy@alexmann.com.
11. Protection of Personal Data
- The security and privacy of Personal Data is vitally important to Us and we have taken steps to implement appropriate security, technical and organisation measures to secure and protect the Personal Data. Nonetheless, You acknowledge that transmission of Personal Data across the internet is inherently risky and may result in loss or corruption of such data. Whilst We have implemented security, technical and organisation measures to secure the integrity of the Personal Data (including the deployment of encryption technologies and the transfer of data of secure communication channels using digital signatures), We do not warrant that the Personal Data which We control is 100% secure. Our maximum liability for all claims or losses, including relating to data breach, is as set out in the General Terms.
- 11.2. As a data Controller, You undertake to put in place and maintain appropriate security, technical and organisational measures to secure and protect the Personal Data, including protection from unauthorised use or disclosure, unlawful destruction, loss, alteration or access. You agree to indemnify us against any claims or losses which arise in connection with, or as a consequence of, your failure to comply with this clause 11.2.
12. Third party service providers
- AMS may use third parties to assist it in providing the Services and the Platform. These third party providers may have access to Personal Data in order for them to provide their services.
13. International transfers
- Personal Data is stored on, and may be transferred to, computer servers which are located in the United States. This may mean that Personal Data is stored outside of your state, province, country or other governmental jurisdiction. All Personal Data is processed by us in the United States, although such Personal Data may be accessible by AMS staff who are not located in the United States.
- If You or any Candidates are located outside the United States, we will transfer and process the Personal Data in the United States. By using the Platform you are deemed to consent to this transfer and processing within the United States.
- We both agree that no transfer of Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of data and other personal information.
14. Dealing with Candidate Requests and Communications
- Responsibility for complying with any Candidate Requests or Communication falls on the party which first received such Candidate Request or Communication.
- If either party receives a Communication relating to the Personal Data Processed by (or on behalf of) the other party it shall promptly notify the other party (and in any event within two Business Days of receipt) consult with the other party in advance of giving any response, to the extent lawful and reasonably practicable.
- Each party shall use reasonable endeavours to provide the other party with full and prompt cooperation and assistance in relation to any Candidate Request or Communication made to enable the other party to find an efficient, timely and amicable solution to any issues arising out of any Candidate Request or Communication.
15. Personal Data Breaches
- Each party shall promptly (and in any event within 24 hours) notify the other party if it suspects or becomes aware of any actual or threatened unlawful or accidental destruction, loss, alteration, unauthorised disclosure or access to Personal Data. We both agree to use reasonable endeavours to cooperate with each other in relation to any Personal Data Breach.
18. Retention of Personal Data
- Any usage data or data which is not Personal Data will be retained by Us for such period and for such purposes as we consider appropriate.
- We do not make the Platform or any Services available to children under the age of 14 and We do not knowingly collect any Personal Data relating to minors under the age of 14. If we become aware that we hold Personal Data relating to anyone under the age of 14 we will immediately delete all such Personal Data. We do not allow You or any other company or individual to upload to the Platform any Personal Data relating to any minors under the age of 14. Failure to abide by this policy will result in us immediately terminating Your rights to access and use the Platform.
20. Acceptance of terms & conditions
24. Managing Personal Data
- If you do not want to receive promotional or marketing emails from us, you may opt out of these by following the unsubscribe link within the body of the email itself. It may take up to two weeks for your unsubscribe request to be processed and actioned. Opting out of promotional and marketing emails does not opt you out from receiving service related communications.