POLICIES, TERMS AND CONDITIONS
Welcome to Heart Talent, part of the Ninox Limited group of companies. Please take the time to read our Policies, Terms and Conditions before using our Services, our website, or any of our Content, Materials or Products, or any part of our Business. The General Policies, Terms and Conditions set out will apply to all who use or interact with any part of our Business, and therefore you should read these Policies, Terms and Conditions first. We have also set out specific Policies, Terms and Conditions, which you must also adhere to and accept. Such specific Policies, Terms and Conditions include:
1. Website Use Terms and Conditions
2. Orders and Purchases Terms and Conditions
4. Cookies Policy
5. Disputes and Complaints
6. Returns and Refunds
7. Candidate Terms and Conditions
If you are looking to use our services for the purpose of employment and would like a copy of our client Terms and Conditions, please contact us on 020 70 78 76 77 and speak to us about your requirement.
General Policies, Terms and Conditions
1. Your Acceptance and Agreement of our Policies, Terms and Conditions, and use of our Business
1.1 If you would like to use any part of our Business and our offerings, then you are deemed to have accepted and be in agreement with all our Policies, Terms and Conditions. Our Policies, Terms and Conditions apply to all users of our business.
1.2 You declare to comply with all of our Policies, Terms and Conditions, irrespective of whether or not you have interacted with our staff, if you have registered with us, or subscribed to any service or marketing (i.e. newsletters).
1.3 If you disagree with any of our Policies, Terms and Conditions, then please immediately stop using any part of our Business such as our website, Services, Products, Content, or Materials that we have produced of any kind.
1.4 Your use or any interaction with our Business also means you agree not use our website, Services, Products, Content, Materials, or any part of our Business for any purpose that is unlawful, prohibited by our Terms and Conditions, or is not in agreement with our Policies. If you are in doubt as to the meaning of any of our Policies, Terms and Conditions, or if you are unsure as to what their respective explanations mean, then please contact us for clarification before continuing your use our Business.
1.5 We provide a range of Services and Products. Some of them are free to use, and some require payment or various subscriptions. All offerings are in line with UK Law. If you are in doubt about any of our offerings then please check their respective Policies, Terms and Conditions for clarification. Alternatively you can email us and ask for clarification, or call us if you would like to discuss further.
1.6 By placing any orders or making a payment to us, you are deemed to have read and accepted all Policies, Terms and Conditions. If you disagree with any of these Policies, Terms and Conditions, we recommend that you do not submit an order or make any payments to us.
1.7 We would also like to make you fully aware that our Recruitment Services are available at no cost whatsoever to our Candidates.
1.8 Where applicable, our Policies, Terms and Conditions also apply to any correspondence between you and us by email, phone, social media messaging, mail (post), or any other kind of communication.
1.9 Any of the following actions will be deemed as your acceptance and agreement of all our Policies, Terms and Conditions:
1.9.1 Use of our website, Services, Products, Content, Materials, and all other materials and property of any kind.
1.9.2 Placed orders, purchases and completed payments of our Services, Products, Content, Materials, and all other materials and property of any kind.
1.9.3 Registered for any accounts with our business such as an account on our website.
1.9.4 Submittal of any Personal Data or details to us.
1.9.5 Subscription to any membership programmes, newsletters, webinars, courses, marketing campaigns, or monthly payment programmes of any kind.
1.9.6 Application to a vacancy.
1.9.7 Entering into any process with us that has not been mentioned here (whichever occurs first).
1.10 Unless otherwise agreed in writing, these Policies, Terms and Conditions will prevail over any previous Policies, Terms and Conditions, or purchase conditions, put forward by you.
1.11 Variations or alterations to our Policies, Terms and Conditions will not be valid unless the details of such variations or alterations are agreed between us and you, and are set out in writing and stating the date on or after such terms will apply.
1.12 No one other than a party to these Policies, Terms and Conditions has any right to enforce any of our Policies, Terms and Conditions.
1.13 Certain provisions of our Policies, Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages on our website, or elsewhere within our property, marketing material, or other forms of content or correspondence.
1.14 We will take all reasonable steps to make sure that any information, advice, or as such, produced by us and provided to you from us, is up to date and accurate. We also take reasonable steps to make sure our Operations, Delivery, and the Functionalities of our Business are fully working and available to you. We do not make or offer any Warranty or Guarantee (unless specifically stated) that any of our websites, Services, Products, Content, or any other materials of any kind produced by us, will meet your requirements, will be accurate or reliable, will be free from any errors or defect, interruptions, omissions, inaccuracies, or free from outdated information. We also do not make or offer any Warranty or Guarantee (unless specifically stated) that any of the aforementioned will be corrected, be updated, or free from Viruses or anything else which may be harmful or destructive.
1.15 You agree and accept that we are not legally bound to update our websites, Services, Products, Content, any other materials of any kind produced by us, or any part of our Business, except when required to do so by UK Law.
1.16 You accept and agree that we reserve the right to decline any orders or to withdraw our Services and Products at any time without notice.
1.17 Any rights not expressly granted in our Terms and Conditions are reserved.
1.18 Nothing in our Policies, Terms and Conditions shall affect your statutory rights as a consumer.
2.1 Any of our Services, Products, Content, or any other materials of any kind produced by us, that which are obtained from our website, our Staff, or elsewhere, are provided for your convenience and for general information only. None of these shall, nor do they intend to, constitute technical, financial, medical, or legal advice, and should not be relied on for any such purposes. By using any part of our Business you declare that, before you undertake or refrain from committing to any action on the basis of any of our Services, Products, Content, or any other materials of any kind produced by us, that you have obtained all professional, specialist, or legal advice as mentioned in this term. Therefore you agree to accept all risks, consequences, and outcomes as a result of using any part of our Business and our offerings.
2.2 We do not provide any guarantee that using any part of our Business or purchasing any of our Services, Products, Content, or any materials we produce, will result in a job offer, promotion, financial gain or reward (i.e. increase in your salary), or any other opportunity of any kind.
2.3 You fully accept and agree that any results you achieve is entirely dependent on you, your engagement, cooperation, openness, effort and the time you put into utilising our advice, products, services, and all our available Business offerings.
2.4 You accept and agree that due to the nature of working with many different people with many different challenges, skills, and experiences, we cannot offer any “one fits all” guarantee as this would be irresponsible to do so.
3. Our Contact and Business Details
3.1 Heart Talent operates as a registered trading name owned by Ninox Limited. Ninox Limited is a registered as a limited company in England and Wales since the 9th of April 2014.
3.2 Our registered office is 49 Queens Crescent, St Albans, Hertfordshire, AL4 9QQ.
3.3 Our VAT registration number is 198 6585 33.
3.4 For any enquiries regarding any of our Policies, Terms and Conditions, please contact us via email first and include your name, reason for your enquiry, and your contact details, so that we can handle your enquiry efficiently. Please use the corresponding email to contact the relevant departments who will respond to your enquiry promptly:
3.4.1 For all enquiries regarding our Policies, Terms and Conditions: firstname.lastname@example.org
3.4.2 To raise a dispute regarding any part of our Business, or to request a refund: email@example.com
3.4.3 If you have a complaint and you would like to begin the process of our official Complaints Procedure: firstname.lastname@example.org
3.4.4 For all enquiries regarding payments or invoices: email@example.com
3.4.5 For all technical issues: firstname.lastname@example.org
3.4.7 For all other general enquiries, including enquiries about our website, data protection, security, unsubscribing or opt outs, or any of our services: email@example.com
4. Equal Opportunities and Diversity
4.1 Heart Talent embraces diversity and we are continuously seeking to promote the benefits of diversity in all of our business activities. We will seek to develop a business culture and community that reflects this belief. We will seek to widen the media in which we recruit to ensure as diverse an employee and candidate base as possible. We will strive to make sure that our clients meet their own diversity targets.
4.2 Heart Talent are committed to diversity and will promote diversity for all employees, workers and applicants and shall adhere to our Equal Opportunities and Diversity Policy at all times. We will review on an on-going basis all aspects of recruitment to avoid unlawful or undesirable discrimination.
4.3 Heart Talent will treat everyone equally irrespective of gender, sexual orientation, gender reassignment, marital or civil partnership status, age, disability, colour, race, nationality, ethnic or national origin, religion or belief, political beliefs or membership or non-membership of a Trade Union or spent convictions, and places an obligation upon all staff to respect and act in accordance with our Equal Opportunities and Diversity Policy. Heart Talent is committed to providing training for its entire staff in equal opportunities practice.
4.4 Heart Talent will not discriminate unlawfully when deciding which candidates are submitted for a vacancy or assignment, or in any terms of employment or terms of engagement for temporary workers. We will ensure that each candidate is assessed only in accordance with the candidate’s merits, qualifications and abilities to perform the relevant duties required by the particular vacancy.
4.5 Under no circumstances whatsoever will Heart Talent accept instructions from any employer or client that indicate an intention to discriminate unlawfully.
4.6 Heart Talent operates with a zero tolerance policy towards harassment, discrimination, and other forms of misconduct (such as trolling, stalking, or cyber bullying). This applies to all staff, customers, clients, and all who interact or use any part of our Business.
4.7 If we feel our Equal Opportunities and Diversity Policy has been breached in any way, we will not hesitate to undertake the appropriate and necessary legal action required. Any harassment, discrimination, or breach of our Equal Opportunities and Diversity Policy will be fully investigated.
5. Rights to Change, Modify, or Update our Business (including Free Content)
5.1 From time to time we will need to change, update, amend, modify, or remove any part of our Business, including (but not limited to) our website, Services, Content (both free and paid for), Products, Prices, Policies, Terms and Conditions, and any other materials. We reserve the right to do so at any time without notice or warning.
5.2 Your continued use and interaction with any part of our Business shall be deemed to be your acceptance of any changes. You accept all responsibility for checking, reviewing, and understanding our latest, Policies, Terms and Conditions, and any other updates we may perform at any time without notice or warning.
5.3 We have the right to change, remove, update, amend, or charge for any free content we provide at any time without notice or warning.
5.4 We have the right to only provide our free content for a limited amount of time. In some cases (i.e. as part of a marketing or advertising campaign) we may provide free content for 24 hours and after this period we may charge for the same content.
6. Communications, Subscribing, Junk Mail and Spam Folders
6.1 The very nature of our Business requires frequent contact and interaction with any of our customers, clients, or other users. By using any part of our Business, you grant us permission to contact you. Examples of how may contact you are set out in this section of our terms (see below).
6.1.1 Social Media communications:
By using any part of our Business or working with us, you allow us to communicate and interact with you via any social media site, including but not limited to; Facebook, Twitter, LinkedIn, Google+, Xing, YouTube, Vine, Whatsapp, Snapchat, Periscope, Tumblr, Instagram, Skype, FourSquare, Pinterest, and others we may decide to use.
6.1.2 Telephone communications:
The very nature of our Business requires frequent contact with our customers, clients, and users, particularly via telephone (including office phones and mobile phones). By using any part of our business you grant us permission to contact you via phone.
6.1.3 Email communications:
The very nature of our Business requires frequent contact with our customers, clients and users, particularly via email. By using any part of our business you grant us permission to contact you via email.
6.1.4 Mail communications:
From time to time we may contact you by post, either with a hand written or typed letter. By using any part of our business you grant us permission to contact you via post. If we need to send you a Parcel of any kind, we will contact you to make arrangements.
6.2 If you would prefer not to be contacted, or would like to tell use which methods of communication with you are acceptable or not acceptable, then you must either call us to let us know, contact us via email, or write to us.
6.3 You are always entitled to set your own preferences as to how you would like to be contacted by us. However, this does need to be clearly stated and you accept and agree that you are solely responsible for this.
6.4 We will not accept any preference requests from anyone who claims to represent you on your behalf.
6.5 By default, you agree to allow us to add your submitted details to our automated services, marketing communications, and free subscriptions (such as newsletters).
6.6 Where possible, we will offer you the option of unsubscribing to particular marketing communications such as newsletters or other advertisements and promotions. You agree and accept that you are solely responsible for subscribing or unsubscribing (also referred to as opt out, or opting out) to or from any part of our Business. If you are unable to unsubscribe or opt out, then please contact us via the general enquiries email or by telephone, and we will do this for you.
6.7 We do recommend that whilst using any part of our Business, that you do check your Junk or Spam folder. We cannot accept any liability for where an order, a newsletter, or any form of communication has been sent from us to you, but you have perceived it as either not sent by us or not received by you due to your spam filters or junk mail boxes.
7. Information Provided to Us, and False Data or Information
7.1 As part of our services, we will need to collect data and Information from you. We accept in good faith information which any candidates, clients, consumers, or users of any part of our business provide us with or submit to us, and we are not in any way responsible for the accuracy of such information. You declare that all data and other information submitted by you is entirely true.
7.2 Furthermore we are not responsible for the accuracy of any information which is written in a candidates or customers CV or any other document (including LinkedIn Profiles) provided by us.
7.3 It is your responsibility to ensure the accuracy of information provided to us, and information, which subsequently is written into any document provided by us.
7.4 You agree and accept that by submitting false data or by breaching any of our Policies, Terms and Conditions relating to your submittal of any Information or data, that we will not be liable for the consequences or outcome of any of our Services (regardless of whether they are free or purchased, or any part of our Business that you use. By submitting false data you automatically grant us permission to terminate all associations with you, immediately cease providing any of our Services to you, and terminate your involvement with any of our part of our Business.
7.5 By submitting false data you automatically agree to grant us immediate permission to inform all parties involved, and if requested, to supply all parties involved with specific details in regards to the false data submitted by you.
7.6 If you are a Candidate then you accept that by providing false data you fully understand that any job offer you receive through us from a client may be put at risk or terminated entirely.
7.7 If you are a Client then you accept that by providing false data you fully understand that any Candidate who is presented to you, or is undergoing any stage of the job application process with you through us, may be immediately removed from all activities and interactions with you.
7.8 By submitting false data you accept that we are not in any way obliged to provide an explanation for the termination of any of our Services being provided to you, and we are not obliged in any way to issue any refunds.
7.9 By submitting false data you assume and agree to pay in full all costs which result as a consequence of breaching our Policies, Terms and Conditions related to the matters addressed in this section and mentioned elsewhere in our Policies, Terms and Conditions.
7.10 We treat the submission of false information and data very seriously. In the event that the Information or data submitted to us is found to be false, we reserve the right to terminate all involvement and association with the user or customer in question.
8. Breach of our Policies and Terms and Conditions, and Contract Terminations
8.1 If you breach any of our Policies, Terms and Conditions, then we have the right to automatically revoke or terminate all permissions, rights, and block all access to your use of any part of our Business, including our websites, Services, Products, Content, Social Media sites, or any other materials of any kind produced or created by us, and we may take any action we deem appropriate.
8.2 If you breach any of our Policies, Terms and Conditions, you must immediately destroy any downloaded, copied, or printed extracts, materials, information or any content obtained from our Business, including our websites, Services, Products, Content, or any other materials of any kind produced or created by us.
8.3 Contract Terminations are a consequence of misconduct or misuse of our website, Services, Products, Content, Social Media sites, or our Materials of any kind, or any part of our Business that has been produced or created by us. This is different from a contract which comes to an end due to expiry, or the end of agreed term dates, and shall be treated accordingly.
8.4 If we terminate your contract with us, your right to access any part of our business shall cease immediately.
8.5 If your contract with Heart Talent is terminated, it will not affect our rights to receive any money which you owe to us under this contract.
9. Intellectual Property Rights and Copyright
9.1 For clarification, please note that references in our Policies, Terms and Conditions to “Intellectual Property Rights” means copyright, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trademarks, service marks, trade names, design rights, rights in get-up, database rights, rights in data, domain names, rights in computer software and all similar and related rights of whatever nature and, in each case: (i) whether registered or not, (ii) including any applications to protect or register such rights, (iii) including all renewals and extensions of such rights or applications, (iv) whether vested, contingent or future and (v) wherever in the world they exist.
9.2 All parts of the Heart Talent business remain the property of Ninox Limited and Heart Talent, and our authorised licensors. We reserve all of our rights and we are free to use any part of our Business as we see fit. Our Intellectual Property Rights are protected by copyright laws and treaties around the world. Unauthorised copying is not permitted.
9.3 Nothing in these Policies, Terms and Conditions grants you any legal rights in our website or the Content, Services, or Products, other than is necessary to enable you to access them, and any further or additional use is strictly prohibited unless you have our prior written permission.
9.4 Unless stated otherwise, all Intellectual Property Rights in or relating to any of the designs and content used by and for our Business (including without limitation photographs and graphical images) are and shall remain the sole property of Heart Talent. Where applicable, all reproduced content with permission of the rights granted, shall remain the property of the owner such as content suppliers, licensors, affiliates and/or you.
9.5 Our website, Content, Services, Products, and all other Materials produced or created by us, including without limitation the website design, text, graphics and all software and source codes connected with our Business, are protected by copyright, trademarks, patents and other Intellectual Property Rights and laws.
9.6 None of our Content or Materials may be downloaded, copied, reproduced, modified, transmitted, stored, sold or distributed without the prior written consent of the copyright holder, the owner, or the licence holder. This excludes the downloading, copying and/or printing of pages of our website for personal, non-commercial home use only.
10. International Use
10.1 You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
11. Indemnity and Liability
11.1 We aim to provide our services in good faith, and aim to give you sound and professional advice according to our experience. To the extent permitted by law, we do not accept liability and will not be liable for any direct, indirect, or consequential losses, damages, risks, or consequences whatsoever (including without limitation loss of business, opportunity, data, or profits) that you suffer as a result of using any part of our Business.
11.2 We do not accept any liability as a result of you refusing to accept our Policies, Terms and Conditions, or for refusing to accept any orders/payments or for withdrawing any or all of our content, services, products, or any part of our Business.
11.3 We do not accept any liability whatsoever of any kind should we decide to terminate or sell our Business entirely.
11.4 You agree and accept that neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of content found on or offered by any part of our Business for any particular purpose. You acknowledge that such content may contain inaccuracies or errors and we explicitly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
11.5 You agree to indemnify and hold Heart Talent harmless from and against any breach by you of these Policies, Terms and Conditions and any claim or demand brought against Heart Talent by any third party arising out of your use of our Business, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Heart Talent as a consequence of your breach of our, Policies, Terms and Conditions.
11.6 Nothing in this legal notice shall exclude or limit our 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 the laws of the United Kingdom.
11.7 We do not accept any liability for any changes to our prices or the costs you occur as a result of using any part of our Business.
11.8 We do not accept any liability to you for any breach of these Policies, Terms and Conditions caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
11.9 We are not liable for any damages or losses as a result of changing and not notifying you of our Policies, Terms and Conditions.
12. Force Majeure
12.1 Neither Party shall be in breach of these Policies, Terms and Conditions, nor shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: act of God, power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, act of Government or State, Civil Commotion, Insurrection, embargo, prevention from or hindrance in obtaining any raw materials, energy or other supplies, labour disputes of whatever nature and any other reason beyond the control of either party. If either party is unable to perform its duties and obligations under these Policies, Terms and Conditions as a direct result of the effect of one of those causes, that party shall give written notice to the other of the inability stating the reason.
13. Third Parties
13.1 Nothing in our Policies, Terms and Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any party that is not a party to these Policies, Terms and Conditions.
14.1 By using any part of our Business you agree to adhere to the Fraud Act 2006 and the Data Protection Act 1998. If anyone in any circumstance provides Heart Talent any of the following with the intention to mislead or make a either a financial or any other gain, then the party in question shall be held liable and Heart Talent will be entitled to claim any costs and any expenses incurred for any service performed. Heart Talent implements an anti-fraud culture and applies a zero tolerance stance to all acts of Fraud. Examples of fraudulent activity:
14.1.1 A False job advert or a fictitious vacancy.
14.1.2 False details of any kind.
14.1.3 Fictitious recruitment assignment of any kind.
14.1.4 Fictitious CV, Candidate Profile, Cover Letter, or Application of any kind.
15.1 If any of these Policies, Terms and Conditions should be determined to be invalid, illegal, unlawful, or unenforceable for any reason by any court of competent jurisdiction then such Policy, Term or Condition shall be severed and the remaining Policies, Terms and Conditions shall survive and remain valid in full force and effect and continue to be binding and enforceable.
16. Governing Law and Jurisdiction
16.1 These Policies, Terms and Conditions, their subject matter and formation, are governed by the laws of England and Wales. All parties involved (You) and Heart Talent (Us) both agree that the courts of England and Wales will have exclusive jurisdiction.
16.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Policies, Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.
16.3 Nothing in this contract affects your statutory rights, or any other legal rights that you may have.
16.4 We will fully co-operate with any law enforcement authorities or court order requesting us to disclose the identity or locate anyone posting any material, or performing any activity in breach of our Policies, Terms and Conditions, in breach of the Law of the England and Wales, or in breach of any international laws.
Website Terms and Conditions
Welcome to the Heart Talent website. Please take the time to carefully read through our Policies, Terms and Conditions before using our website. Our terms apply to the entire contents of this website and other websites (such as landing pages or blog sites) under the domain www.hearttalent.com (our website).
1.1 You agree that you are solely responsible for all costs, expenses, damages, or any losses, consequences, or outcomes you may experience or incur in relation to your use of our website.
2.1 In our website Policies, Terms and Conditions, and throughout our website, the following definitions apply:
The term ‘Owner’ shall refer to the owner of the website www.hearttalent.com. At the time of writing our Policies, Terms and Conditions, the owner of the Website www.hearttalent.com is Ninox Limited (registered no. 08988444). For clarification, Heart Talent operate as a registered trading name owned by Ninox Limited. Where the terms ‘Heart Talent’, ‘we’, ‘us’, ‘our’, ‘the company’, ‘the business’, the organisation’, or the plural are used, this shall refer to owner.
The term ‘Visitor’ shall refer to all parties other than the owner, including third party applications and unmanned software of any kind. Where the terms ‘you’, ‘your’, ‘party’, or ‘user’ or the plural are used, this shall refer to the ‘Visitor’. If you are not the owner of our website, you fall under the category of ‘Visitor’.
As part of these Policies, Terms and Conditions only, the term ‘Content’ shall refer to all ‘products’, ‘services’, ‘resources’, ‘advice’, or ‘materials’ contained within our website, and shall refer to all other types of ‘postings’ or transmissions of any kind to or from our website, from either the owner of the website, visitors, or any third party applications. Where these definitions are used, this shall refer to the ‘Content’.
The term ‘website’ shall refer to all web based materials that are either owned by Ninox limited, or are registered under the domain www.hearttalent.com.
The term ‘Share’ shall refer to the distribution of our content by copying and pasting the website address link (or any associated link i.e. shortened links) to which the content you wish to share resides on.
The term ‘Post’ shall refer to all content that is uploaded, transmitted, or posted by any means to our Website.
3. Acceptable use of our Website and our Content
3.1 Our website may be used for your own private purposes and in accordance with these Policies, Terms and Conditions.
3.2 By using any part of our website, including all available information and content, you agree and accept that it is for your general information, and solely for your personal, non-commercial use only.
3.3 You may only use our website for lawful purposes and must not under any circumstances seek to misuse or vandalise our website in any way. In particular, but without limitation, you must not seek to access, alter or delete any information you are not authorised to access. You must not attempt to overload the system or take any actions intended crash, delay, damage or otherwise interfere with the operation of our website (or our Business) or attempt to decipher, disassemble or modify any of the software, coding or information used in, on, or for our website.
3.4 In using our website and our content you agree not to:
3.4.1 Use the website or the content to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise.
3.4.2 Post, publish, distribute or disseminate material or information to or from our website that is defamatory, obscene, indecent, infringing, threatening, abusive, harassing, discriminatory, pornographic, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom.
3.4.3 Post, publish, distribute or disseminate material or information to or from our website that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality, age, gender, sexual orientation, or otherwise.
3.4.4 Threaten, abuse, disrupt, ‘troll’ (or ‘trolling’), stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others.
3.4.5 Use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party.
3.4.6 Make available or upload files that contain a virus, worm, Trojan, malware, adware, logic bombs, corrupt data, or other potentially harmful software or data that may damage the operation of the computer or property of another.
3.4.7 Collect or store Personal Data about others, including email addresses.
3.4.8 Impersonate any person or entity for the purpose of misleading others.
3.4.9 Violate any applicable laws or regulations.
3.4.10 Use our website or our content in any manner that could damage, disable, overburden or impair our website/content or interfere with any other party’s use and enjoyment of our website and our content.
3.4.11 Post, publish, distribute or disseminate material or information to or from our website that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement).
3.4.12 Post, publish, distribute or disseminate material or information to or from our website for which you have not obtained all necessary consents.
3.4.13 Attempt to gain unauthorised access to any of our content, our data, other accounts, computer systems or networks connected to our website and our content through hacking, password mining or any other means.
3.4.14 Misuse our website (including, without limitation, by hacking).
4. Visitor or Third Party Posts and Transmitted or Published Content
4.1 We welcome visitors to our website and give all visitors permission to make posts to our website within the limitations of our Policies, Terms and Conditions. We do not allow any visitors to use software of any kind to make posts to our website.
4.3 You agree and accept that all content, whether posted publically or transmitted privately, are the sole responsibility of the person from whom such content originated. We do not control or endorse the content shared or posted to/on our website by visitors or third party applications, and we do not guarantee the accuracy, integrity, or quality of such content. You acknowledge that by using our website you may be exposed to content that is offensive and/or indecent. We are not liable in any way for any content or for any loss or damage of any kind resulting from the use of any content, and you agree to bear all risks associated with the use of any content, including any reliance on the accuracy or completeness of such content.
4.4 We have no obligation to monitor our website or our content but shall be entitled to review materials posted to any part of our website (such as a public forum) and, at our sole discretion, to remove any content that breaches our Policies, Terms and Conditions or is otherwise objectionable.
4.5 From time to time we may provide features that let you post reviews of our Content and our Services. We reserve the right not to approve, remove, or display reviews that we deem to be inappropriate in any way.
4.6 We may remove any content supplied by you from the website at our sole discretion, at any time and for any reason without being required to give any explanation
4.7 We do not claim ownership of any materials you post, upload or submit to any publicly accessible area of our website. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such content for as long as you elect to display such content via our website. The licence shall be terminated when such content is deleted from our website.
4.8 Other than personally identifiable information, any material you transmit or post to our website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We 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.
5. Permissions and Licence
5.1 This website contains material which is owned by or licensed to Heart Talent. This material includes, but is not limited to, the design, layout, look, appearance and graphics (including our logo). Reproduction is strictly prohibited other than in accordance with our Policies, Terms and Conditions.
5.2 You have our permission to share, download, or print material from our website, provided that you do not modify, reproduce, or claim any content as your own, without our prior written consent.
5.3 You have our permission to share, download, or print material from our website, provided you credit us and clearly acknowledge us as the original source of our content, which unless stated otherwise must include and must clearly present (in a font size and colour that is easily readable to the naked human eye) our business name (Heart Talent) and our logo, and a link to either the original source of our content or our website.
5.4 No part of our website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
6. Service Access and Website Up Time
6.1 All reasonable measures are taken by us to ensure that our website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if our website is unavailable at any time.
6.2 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.
6.3 While we endeavour to ensure that our website is normally available 24 hours a day, we shall not be liable if for any reason our website is unavailable at any time or for any period.
6.4 Access to our website may be suspended temporarily and without notice in the case of system failure, maintenance, repair, or for reasons beyond our control.
7. Website Access, Creating an Account, Login Details and use of Passwords
7.1 You may access and use most areas of our website and content without registering your details with us. However, particular areas of our website and content, and certain features of our website, will only be accessible only if you have registered and created an account on our website.
7.2 If you do choose to register with our website, you will need to use a username and password. You are solely responsible for the security and proper use of your password, which should be kept confidential at all times and not disclosed to any other person. You must notify us immediately if you believe that someone else knows your password.
7.3 You must not disclose your username and password to any third party in breach of our Policies, Terms and Conditions. You accept all risks and consequences for disclosing your username and password to a third party.
7.4 We have the right to deny or terminate your access to any part of our website at any time by lawful means at our disposal without notice or explanation, for any reason, including without limitation, breach of our Policies, Terms and Conditions.
7.5 We reserve the right, at our discretion and for any reason, to prevent you from creating an account, or to shut down your account entirely.
7.6 We have the right at any time, at our sole discretion, to discontinue with the publication and use of our website or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to our website or our content.
8. Links to Third Party Websites
8.1 Our website and our content may include links to third party websites that are controlled and maintained by others. Unless explicitly stated, any links to other websites or third parties are not an endorsement or recommendation of such websites or third parties.
8.2 You acknowledge and accept that Heart Talent are not responsible for the content or availability of any websites other than its own.
8.3 If you choose to visit or access any website or third part application of any kind displayed on our website (whether it’s via a link, advertisement, or posted by a visitor), then you agree to do so at your own risk and you accept full responsibility and liability for your decision.
8.4 If you decide to use any of the links on our website that have been posted by Heart Talent, then you acknowledge that we have provided you with such links solely for your convenience only.
8.5 You accept that we have not reviewed all links and their third party websites or their content, and that we do not control and are not responsible for these links, their websites, their content, or their availability.
8.6 You accept that we do not endorse or make any representations about any links, any content found there, or any results that may be obtained from using them.
8.7 If you would like to link to our website, either from you website or elsewhere, you may only do so if the following conditions are met:
8.7.1 You do not replicate, remove, distort, or alter any part of our website or any of our content.
8.7.2 You do not create a frame or any other browser or border environment around our website.
8.7.3 You do not in any way imply that we are endorsing any products or services other than our own.
8.7.4 You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing.
8.7.5 You do not misrepresent your relationship with our website or our Business, and you must not present any other false information about us.
8.7.6 You do not otherwise use any trade marks displayed on our website without express written permission from the owner.
8.7.7 You do not link from a website that is not owned by you.
8.7.8 Your website does not contain content that is distasteful, offensive or controversial, infringes any Intellectual Property Rights or other rights of any third party, or otherwise does not comply with all applicable laws and regulations.
9. Indemnity and Liability
9.1 Your use of any content on our website is entirely at your own risk, for which we shall not be liable. Our Website provides content on an “as is” and “as available” basis without any conditions, representations or endorsements made and without warranty or guarantee of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
9.2 Our Company, any other party (whether or not involved in creating, producing, maintaining or delivering our website), and any of our 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 our website in any way or in connection with the use, inability to use or the results of using our website, using any websites linked to our 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 our website, or your downloading of any content from our website, or any websites linked to our website.
9.3 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.
9.4 If your use of content on our website results in the need for servicing, repair or correction of equipment, software or data, you assume and agree to pay in full all costs thereof.
9.5 To the extent permitted by law, we do not accept liability and will not be liable for any direct, indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) that you suffer as a result of disclosing any usernames, passwords, or other login details (i.e. security questions) you have created on our website to anyone (including third parties). Heart Talent does not accept any liability for any unauthorised or improper use or disclosure of any password.
Orders and Purchases Policies, Terms and Conditions
Heart Talent provides and sell services for career advice, development, and training. This includes services such as CV Writing, Career Coaching, and other career and life skills improvement courses and services. We would like to point out that Candidates who are using or are involved with our Recruitment Services are never obliged to purchase any of our Career Services and their respective products or services. As a Candidate, your use of our Career Services is entirely independent of your use of our Recruitment Services.
PLEASE NOTE: These particular Policies, Terms and Conditions strictly apply to orders and purchases with our Business. These terms do not apply to our recruitment services. All Policies, Terms and Conditions for our recruitment services are agreed in writing (known as ‘Client Terms’) with each business who choose to use our recruitment services. Please contact us if you would like to discuss using our recruitment service and the terms involved.
1. Overview of our Terms and Conditions
1.1 These Policies, Terms and Conditions cover the payments and your rights to the use of our products and services, and any other materials or offerings we may sell.
1.2 If someone has paid for you to use our offerings, services, or products, you are still legally bound by these Policies, Terms and Conditions, and you accept and agree that it is your responsibility to check these Policies, Terms and Conditions before using our offerings, services, or products. Your use of any of our offerings, services, and products shall be deemed as your acceptance of our Policies, Terms and Conditions.
1.3 In regards to our Orders and Purchases Policies, Terms and Conditions only, should we make any changes after you have submitted an order or completed a purchase, then the original Policies, Terms and Conditions at the time of your order or purchase will apply.
1.4 If we decide to cease the supply of a particular service or offering after you have made a purchase, we will either attempt to provide you with the original service purchases, offer you an alternative service without any additional charges, or offer you a refund.
2. Summary of Customer Rights
2.1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on your digital content. However, you do not have this right to cancel once delivery of the content has started (i.e. once streaming has started), provided you have been told this and have acknowledged this.
2.2 The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality. If the digital content is faulty you’re entitled to a repair or a replacement or, if this is not reasonably practical, you are entitled to a partial or full refund. If you can show that faulty digital content has damaged your device and we haven’t used reasonable care and skill to prevent this, you may be entitled to a repair or compensation.
2.3 The Consumer Rights Act 2015 gives you certain legal rights (also known as “statutory rights”), for example, that the Content: (a) is of satisfactory quality; (b) is fit for purpose; and (c) matches its description. We must provide you with Content that complies with your legal rights.
2.4 When we supply the Content we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content.
2.5 You acknowledge that there may be minor errors or bugs in the Content or our Website and we do not promise that either are compatible with any third party software or equipment (unless we have specifically stated that they are).
2.6 This is a summary of some of your key rights. For detailed information from Citizens Advice please visit citizensadvice.org.uk or call 03454 04 05 06. The information in this summary is not intended to replace the Policies, Terms and Conditions below which you should read carefully.
3. Key information about the Consumer Contracts Regulations 2013
3.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 state that we must give you certain key information before a legally binding contract between you and us is made. This key information is set out in our Policies, Terms and Conditions and on our website and includes:
a) The main characteristics of our services.
b) Your obligations in relation to our services (for example your payment obligations).
c) Your rights (including your cancellation rights).
d) Our contact details in case you need to get in touch with us for any reason.
e) The key information we give you by law forms part of our contract with you (as though it were set out in full here).
3.2 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
4. System Compatibility
4.1 Before placing any orders or completing any purchases with us, please check that your hardware and software are compatible. Please also check that your system does not block streamed content. You agree that this is entirely your responsibility to do so. Your systems may be required to do any of the following examples:
a) Stream online video, including live webinars
b) Download files including (but not limited to) word documents (doc and docx), Excel spreadsheets, PDF’s, JPEG, PNG, PowerPoint presentations, videos (WMA, MP4), and audio (MP3) files.
5. Ordering from us
5.1 Once an order has been placed, you may not have the ability to amend or correct any mistakes. Please refrain from trying to do so. If you discover that you have made a mistake during your order, please contact us and we will resolve it for you.
5.2 Once an order has been placed, you will receive both a confirmation email and the accompanying instructions related to your order. If you do not receive these after placing an order then please contact us. Please allow 24 hours for the delivery of the confirmation and the instructions.
5.3 We may decline your order for any reason at our discretion without notice, however, it is likely we will inform you within 24 hours. We may decline your order due to any (but not limited to) of the following examples:
5.3.1 If we are unable to authorise your payment.
5.3.2 If there has been a mistake on the pricing or description of our content, services, or products.
5.3.3 If our content, services, products, or other offerings are unavailable.
5.3.4 If we have blocked or banned you from using any part of our Business.
6. Details, Info, Personal Data we may have to collect for our Services
6.1 Due to the nature and the operations involved with our offerings, services, and products, we will most likely have to collect personal information from you such as contact details, education, employment history, and other career related information. Please be prepared to share this information with us, as we are asking for this information in good faith to help supplement your experience using our content, services, products, and other offerings.
6.2 You are within your rights to withhold any information you believe should not be shared with us. However, you must not provide us with false information. By providing us with false information, we have the right to terminate our involvement and association with you.
6.3 If your information is not readily available at the time of asking, or if we feel that the information we need is missing, then we may need to contact you at another time to gather this information.
6.4 We can only work with and we are restricted to the information you provide us. We cannot predict or assume any information. It is therefore essential that you provide us with truthful answers to questions we may ask.
7. Prices and Payments
7.1 All prices listed on our website or within any of our materials, advertisements, documentations, or any other means, are subject to change without prior notice. You agree that it is your responsibility to check and review any of our materials for prices changes, and that we do not accept any liability for such changes.
7.2 If our prices change after you have placed an order then the price at the time of purchase will apply.
7.3 Unless stated otherwise, all prices are set in UK Pound Sterling (£ GBP).
7.4 We utilise a number of popular payment methods, including the use of PayPal, Invoicing, credit/debit cards, bank transfer, standing orders, direct debit, instalment plans, cash, and cheque. The majority of our services will allow you to use PayPal, but we may decide to utilise other third party services. If you need to make payment by any other means, then please contact us to discuss alternative methods. We reserve the right to modify, add, remove, or change the methods of payment we offer you, at any time without notice.
7.5 The majority of our offerings, services, and products must be paid for in advance. You will not have access to or be able to use our content, services, and our products until payment has been received and confirmed by us.
7.6 Unless mentioned or clearly displayed, all fees are inclusive of VAT (Value Added Tax) and other applicable taxes. VAT will be charged at the applicable rate within the UK. Admin fees may also apply.
7.7 You accept and agree that we are not liable or legally responsible for any damages or loss suffered by you as a result of you ordering, purchasing, or making any kind of payment with us. This includes any loss or damages from the use of third parties, or from unauthorised access from third parties. We will do our reasonable best to keep your information and our payment methods secure.
8. Training Sessions, Bookings and Meetings, re-schedules, and Rights to Cancel
8.1 We will often send notifications and reminders of any sessions, meetings or bookings you have made with is. However, it is your responsibility to confirm your attendance of any bookings and meetings.
8.2 You must notify the meeting organiser or coordinator if you are going to be late to any bookings or meetings.
8.3 Training sessions will all have set times and expiration dates or time limits. These will be made clear for each service where this is applicable. It is your responsibility to check these details, and it is your responsibility to ask for clarification and confirmation of any details you are unsure of. We will send you all the required information, however, we are not obliged to do so.
8.4 Our training sessions will expire if left unused for longer than 6 months. You will have to pay again if your training sessions exceed their expiry date, should you still wish to use our services. You will be encouraged to create a schedule and book all training sessions and meetings in advance with your coordinator. This is the best way to utilise our services.
8.5 If you cannot make a booking or meeting, you must give 48 hours’ notice in order to qualify for a re-scheduled booking or meeting. If you give less than 48 hours’ notice, you accept that will not be entitled to a refund for that session and you will be charged for any additional sessions required as a result of missing your initial session. Re-schedules made outside of 48 hours will not occur any additional charges.
8.6 If you are more than 15 minutes late to a booking or meeting, and have not given any notice, the session will be cancelled and you will not be entitled to a refund or re-schedule. If the booking or meeting was for a paid service, then you will have to cover the cost of re-scheduling the missed session.
8.7 If we are unable to perform or deliver your training sessions or meetings, we will inform you immediately and offer you either a free re-schedule or refund.
8.8 We are not obliged to provide any equipment for you as part of any bookings or meetings. We may provide equipment for your convenience, but it is your responsibility to ensure you have everything you will need (i.e. paper, pens, laptop).
8.9 We may supply training materials for each session, but we are not obliged to send notes from any of our training sessions. Please be prepared to take down notes as needed.
8.10 In regards to online content, services, or products (i.e. online video streaming and presentations), you have no right to cancel once the streaming starts.
9. Service Delivery and Turnaround Times
9.1 If we are unable to complete any commitments to you within an agreed turnaround time, then we will contact you to discuss this. If we are unable to complete the delivery of your order, then we will also contact you to discuss this.
9.2 All service delivery commitments and turnaround times will be agreed upon with you before we perform our services. We cannot provide a “one size fits all” schedule or policy due to the nature of working with different customers who all have different requirements and different career experiences.
10. Revision Requests and Modifications
10.1 We offer a 100% customer satisfaction. This means that unless specifically stated otherwise, we will revise and modify your CV, LinkedIn Profile, or Cover Letters, until you are 100% satisfied.
10.2 Once you have received your order, if we do not hear from you within 14 working days, we will assume your order is complete unless you advise us that adjustments are required.
10.3 You must make all revision requests within 14 working days. We are not obliged to perform any revisions, and we may ask you to re-consider your revision request.
10.4 We aim to complete your requested revisions within 3 working days. If we are unable to complete your revision request within 3 days or at all, we will contact you to discuss this.
11. Defective Content, Products, or Services
11.1 If you find any of our products, services, or content (including our website) to be defective, not as described, or faulty, and for more detailed information on your rights and what you should expect from us, then please either:
11.1.1 Contact us with your query, or if you’re unable to access our content or services, using the email address firstname.lastname@example.org
11.1.2 Visit the Citizens Advice website citizensadvice.org.uk or call 03454 04 05 06.
11.2 Where possible, we will aim to repair or offer you a replacement for any defect or faulty services, content, or products. Your entitlement to a refund will be in line with what is written in our Policies, Terms and Conditions.
12. Permissions for Purchased Content, Services, and Products
12.1 By ordering and purchasing any of our offerings, services, and products, you are not buying any rights or ownership. You are buying permission to use it. This is known as buying a licence. You are buying a licence for the purpose of using and enjoying our offerings, services, and products according to our Policies, Terms and Conditions.
12.2 All offerings, content, services, and products are:
12.2.1 Personal to you and your account. You may access it via your account or via links we supply to you, but only if you comply with local and international laws.
12.2.2 Non-exclusive to you. This means we may supply the same or similar offerings, content, services, or products to other clients and customers.
12.3 You agree to never (except where any of this is allowed by law):
12.3.1 Copy, change, alter, adapt, reverse-engineer, or decompile any of our content, services or products.
12.3.2 Extract any background data, information or coding (including the source code).
12.3.3 Combine, embed, merge with or use in any other computer programme, website, or system.
12.3.4 Distribute, transfer, sell, share or otherwise make available by you to any third party.
13. Sponsored Accounts
13.1 We often partner with businesses, companies, charities, schools, universities, and colleges, as well as other organisations, allowing them to pay for a number of licences at once, or pay for offerings, content, services, and products for their teams, staff, and other individual users.
13.2 If your use of our content, services, and products is being paid for by a Sponsor, you must still adhere to our Policies, Terms and Conditions where applicable. Please note the following special conditions which apply to those who are receiving our offerings, content, services, and products, via a Sponsor and the Sponsors themselves:
13.2.1 The Sponsor will be liable for all costs involved.
13.2.2 If the Sponsor does not pay, or fails to pay on time, then your access to our content, services, and products will cease until payment is received.
Our Commitment to your Privacy and the Protection of your Data
1. Overview of our Policy
1.2 Everyone has rights with regards to how their Personal Data is handled. During your interaction with our company, we will collect, store, and process Personal Data.
1.3 You and we shall provide each other with reasonable assistance in complying with our obligations under applicable data protection law (including the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003) insofar as necessary to facilitate each of our compliance with our Policy, Terms and Conditions.
a) Unauthorised access.
b) Improper use or disclosure.
c) Unauthorised modification.
d) Unlawful destruction or accidental loss.
1.5 We treat all Personal Data in an appropriate, respectful, and lawful manner.
1.6 We process all Personal Data that is volunteered from you or submitted by you whilst using any part of our Business.
1.8 As part of the operations of our Business, we collect, and in some instances, disclose information about you. The types of information that we may be required to handle include details of current, past and prospective employers and employees, suppliers, customers, clients, candidates and others that we communicate with. The information, which may be held on paper or on a computer or other media, is subject to certain legal safeguards specified in the Data Protection Act 1998 (the Act) and other regulations. The Act imposes restrictions on how we may use that information.
1.9 This policy does not form part of any employee’s contract of employment or any other agreement with a Candidate, Client, or Customer and it may be amended at any time.
1.11 We do not sell or rent Personal Data provided by you (the Data Subjects) to anyone.
1.12 We will never release your Personal Data to any other party, other than a Data Processor working within contractual restraints with Heart Talent, without your written or verbal permission to do so.
1.14 We review this Policy annually, and we officially review our security systems annually. We also monitor our security systems on an ongoing basis. This helps us to ensure that our policy and our measures are effective and achieve the aims stated.
1.15 Ninox Limited are registered with the ICO (Information Commissioner’s Office). You can find our public record with the ICO at this link: https://ico.org.uk/ESDWebPages/Entry/ZA052604
2. Definition of Terms
This term shall refer to all those who purchase any products or services.
This term shall refer to all those who use any products or services without making a purchase.
This term shall refer to all those who purchase, or are considering the purchase, of any products or services where it is not appropriate to refer to the term ‘Clients’.
This term shall refer to all information which is stored electronically, on a computer, a cloud storage system, or on paper and in paper-based filing systems.
This term shall refer to all living individuals about whom we hold personal data. A data subject need not be a UK national or resident. All data subjects have legal rights relating to their persona data. Where the term ‘Data Subjects’ is used, it shall also refer to the following terms, including the use of their plurals and the grammatical tense (past, current, prospective or future): you, employee, staff, client, customer, candidate, third party, or supplier. Where these terms and definitions are used, this shall refer to the ‘Data Subject’.
This term shall refer to data relating to a living individual who can be identified from that data or other information in our possession. Personal Data can be both factual (i.e. name, address, or date of birth) or opinion (i.e. a performance appraisal). Where the term ‘Personal Information’ is used, this shall also refer to the term ‘Personal Data’.
This term shall refers to all people and organisations who determine the purposes for and the manner in which any personal data is processed. They have a responsibility to establish practices and policies in line with the Act. We are the Data Controllers of all personal data used in our business.
This term shall refer to all those, including employees, whose work involves using personal data. Data Users have a duty to protect the information they handle by following our Data Protection and Privacy Policies at all time.
This term shall refer to any person who processes personal data on behalf of a Data Controller. Employees of Data Controllers are excluded from this definition as this terms will (unless stated otherwise) usually apply to suppliers which handle personal data on our behalf.
This term shall refer to any activity that involves the use of data. Where the term ‘Process’ or ‘Processed Data’ is used, this shall also refer to the term ‘Processing’. This includes obtaining, collecting, recording, storing or holding the data, or carrying out any operation or set of operations on the data such as organising, amending, retrieving, using, disclosing, erasing or destroying the data. Processing also includes transferring personal data to third parties.
Where the term ‘Sensitive Data’ is used, this shall also refer to the term ‘Sensitive Personal Data’. This term shall refer to information about a person’s racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health or condition or sexual life, or about the commission of, or proceedings for, any offence committed or alleged to have been committed by that person, the disposal of such proceedings or the sentence of any court in such proceedings. Sensitive Personal Data can only be processed under strict conditions, and will usually require the express consent of the person concerned.
This term shall refer to ‘Data Protection Act 1998’.
3. Data Protection Principles
3.1 Ninox Limited and Heart Talent follow the ‘Data Protection Principles’. The Data Protection Act controls how your Personal Data is used by organisations, businesses or the government. Everyone responsible for using data has to follow eight strict rules called ‘data protection principles’. They must make sure the information is:
3.1.1 Used fairly and lawfully.
3.1.2 Used for limited, specifically stated purposes.
3.1.3 Used in a way that is adequate, relevant and not excessive.
3.1.5 Kept for no longer than is absolutely necessary.
3.1.6 Kept safe and secure.
3.1.7 Not transferred outside the European Economic Area without adequate protection.
3.2 We abide by the definitions of the Data Protection Principles set out in Section 4 (Schedule 1, 2, 3, and 4) in the Data Protection Act 1998. These definitions can be found at this link:
or can be found here: http://www.legislation.gov.uk/ukpga/1998/29/contents
4. Providing Visitors with Anonymous Access
4.1 You can access our website home page and browse our website without disclosing your Personal Data.
4.2 We do not automatically log Personal Data nor do we link information automatically logged by other means with Personal Data about specific individuals.
4.3 We do not normally link IP addresses to anything personally identifiable, which means that you remain anonymous even though we include your IP address in our aggregate information. However, we can and will attempt to use IP addresses to identify a user when we feel it is necessary to enforce compliance with our Policies, Terms and Conditions, or to protect our services and other users.
5. Data Collection (How we may collect your Data) and Data Purpose Specification (How we may use your Data)
5.1 We will primarily use your Personal Data to provide our services to you to administer any account you have with us, and for fraud prevention purposes.
5.2 We never use or share your Personal Data in ways unrelated to the ones described in this policy without also providing you an opportunity to opt-out, set preferences to the use of your Personal Data, or otherwise prohibit such unrelated uses.
5.3 As a user of our website, you do not have to submit any Personal Data in order to use our website.
5.4 Our website collects personally identifiable information that is specifically and voluntarily provided by you, as part of the following processes:
5.4.1. The application process should you wish to apply to a vacancy advertised on our website or registered with us.
5.4.2 Sign up or submitting personal details to any of our newsletters, advertising campaigns, or contact forms.
5.5 We collect your data by various lawful means including electronic forms via our website such as, but not limited to, registration forms or contact forms, as well as emails, telephone or skype, and other verbal, electronic, or written means.
5.6 Our electronic forms require users to submit their contact information (i.e. your name, mobile number, and email address), and demographic information such as your postcode. We collect this information in order to, but not limited to, use as account references in our record system.
5.7 As well as processing Personal Data, we also process data about any services we provide to you, and data about interactions between us and you. These sets of data are kept in a record for the purpose of supplementing one another.
5.8 We may collect and use Personal Data for the purpose of passing on Curriculum Vitaes to prospective employers. We will always ask for your written permission before passing on your information to potential employers.
5.9 We may also process data about you where it is available from public sources including, but not limited to, Social Media, and Public Records. You agree and declare that it is entirely your sole responsibility to manage your own privacy, including your own privacy settings on social media. You accept that Ninox Limited and Heart Talent are in no way liable whatsoever for any outcomes or consequences regarding information you have failed to keep private, particularly in regards to social media.
5.10 We may use processed data, for example, to tailor and improve your experience of and the quality of the services we offer, improve our website (and other services and marketing materials), and for market research. We may also maintain a personalised profile of your role and interests so that we can inform you of services or events that may be of interest to you.
5.11 We may use processed data to send you both information about our company, and information about services, products, offers, events, job opportunities, and campaigns, promotions, advertisements, and other information, in accordance to your preferences. We will use your contact information to contact you when we believe it to be necessary.
5.12 We will use information supplied by you (including, without limitation, sensitive personal data) to aid the recruitment process and our administrative functions. You consent to us using information provided by you in this way. We will process any data provided by you to us when using our website, in accordance with UK data protection legislation.
5.14 As part of our operations, we will be collecting data from telephone conversations. Any member of our staff who deal with telephone enquiries are trained and instructed to be careful about disclosing any Personal Data held by us. When working with our telephone operators, you should expect them to:
5.14.1 Check the caller’s identity to make sure that information is only given to a person who is entitled to it.
5.14.2 Suggest that the caller put their request in writing if they are not sure about the caller’s identity, particularly where the caller’s identity cannot be checked.
5.14.3 Refer to the Manager Director for assistance in difficult situations. We will not tolerate our operators and our staff being bullied into disclosing Personal Data.
5.15 You agree and accept that if our telephone operators and or any of our staff are not satisfied that you are entitled to Personal Data, or if any of our staff decide not to disclose Personal Data on reasonable grounds, then you shall not be entitled to the disclosure of Personal Data until our ‘Subject Access Request’ criteria has been met. See our ‘Subject Access Request’ section in these terms for further details.
6. Timely Processing, Data Security, and Confidentiality
6.1 This section explains how we store your data and how long for, the security measures we implement, and how we keep your data confidential. We take the security of your personal information seriously. We have security procedures in place to ensure that our paper and computer systems and databases are protected against unauthorised use, loss and damage.
6.2 The majority of the data we process is stored on either our database system, within our cloud based storage system, or within our servers, which are managed within a secure environment.
6.3 The majority of our data is entered onto our systems automatically and immediately, upon being voluntarily submitted by Data Subjects.
6.4 Only employees, approved contractors, and third party suppliers who need the information to perform a specific job are granted access to personally identifiable information, and are all in agreement and have accepted our Policies, Terms and Conditions.
6.5 All employees are required to upload all data collected manually into our database or cloud based storage systems, as soon as it is collected or within the shortest time frame possible.
6.6 All paper based data will be filed in lockable cabinets. All paper data that requires additional sorting or review before being filed will be stored in lockable desk draws or lockable cupboards.
6.7 Your data will remain stored within our systems until you make a request for your data to be removed. This request must be done in writing (see ‘Subject Access Request’ section of this Policy).
6.8 We will only store data on Laptops and Mobile Phones temporarily for the purpose of performing our day to day operations. We do not allow data to remain stored on employee laptops, phones, or other mobile hardware, unless it is required to do so for the purpose of our operations.
6.9 All our employees and Data Processors who have access to and are required to process Personal Data as part of our daily operations, are obliged to respect the confidentiality of our visitors’ and Data Subjects Personal Data.
6.10 Visitors to our website are not given the option of using a secure transmission method to send us their personal information
6.11 We cannot guarantee the security of data you disclose online and you accept that the internet is not completely secure and agree that we shall not be liable for unauthorised use, distribution or destruction of your personal information.
6.12 If you would like to know if we are keeping personal data about you, then please contact us by the email address given in the ‘Business Details’ section of this Policy.
7. Updating or Removing Personal Data
7.1 If your Personal Data changes or if you no longer wish to subscribe to our services, then please contact us and we will correct, update, amend, or remove the personal information provided to us as quickly as possible.
8. Disclosure of your Personal Data
8.1 We will not normally share your personal information with any other organisations, however, some events such as assessment days and interviews may be provided by or held at premises of third parties and we may need to provide limited information to them to enable you to take part.
9. Links and Third Parties
10. Data Subject Access Request
10.1 You have the right to request a copy of the information we hold for you on our systems. In order to receive this information, please undertake the following procedure:
(1) Send a formal written request to email@example.com with the subject line “Data Subject Access”. You must also include your full name, your email address and phone number, and your reason for requesting your information.
(2) A supervisor or manager will respond to your email within 2 working days to arrange a suitable time for you to speak with a supervisor or manager to discuss your request and begin the identity verification process.
(3) Upon successful identity verification, you will need to pay a fee to cover the administrative costs of retrieving the information you have requested. You will receive an invoice for this service to be paid upon receipt.
(4) Once payment is received, you will then receive a copy of the information we hold for you.
10.2 Please note that we will not provide the following types of information in response to a Data Subject access request: Information about other people; Opinions given in confidence; Repeat requests or privileged information. Other types of information may also be exempt under data protection laws (e.g. data relating to the commission of offences or estimates of damages).
10.3 We reserve the right to refuse to provide our visitors with a copy of their Personal Data, but will give reasons for our refusal. We do, however, allow you to challenge our decision to refuse to provide you with a copy of your Personal Data.
11. Use of your information outside the EU
11.1 Except in the context of any services we provide, we would not usually expect to transfer your personal information outside of the European Union. However, if this does become necessary we will take proper steps to ensure that your information is properly protected.
12. Under 18’s
12.1 If you are under 18, please ensure that you obtain your parent/guardian’s consent beforehand whenever you provide personal information to the website. Users without such consent are not allowed to provide us with personal information.
13. Governing Law and Access to Authorities
13.1 Any dispute or claim arising out of this policy and the use of your Personal Data will be governed by English law. The courts of England and Wales have exclusive jurisdiction to resolve any such dispute or claim.
13.2 We may be required to disclose personally identifiable information to the government or by court order under certain circumstances, or other situations may arise requiring such disclosure. In addition, you authorise us to disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate.
1. About Cookies
1.1 To track patterns of behaviour of visitors on our website, we use a technology called “Cookies”. A Cookie (also known as an HTTP cookie, web cookie, or browser cookie) is a small file which contains an element of data such as Personal Data or information, behavioural data, browsing activity, or data about how you have interacted with a website (i.e. what pages you went on, or what buttons you clicked). When you visit a website, this file is sent from the website you visited to your browser and is then stored on your system. When you return to the same website, the cookie will repeat or automatically recall information (such as items added in the shopping cart in an online store), and continue tracking your browsing activity (including clicking particular buttons, logging in, or recording which pages were visited in the past). This is done to improve and personalise your experience, save you the time of repeating tasks you have already completed, or save the status of your tasks so you can come back later and complete them rather than starting from new each time you use a website. Cookies are also used to provide anonymised tracking data to third party applications like Google Analytics. It is now accepted that using Cookies is common practice with almost all professional websites.
1.2 It’s important to understand that any information collected in this way can be used to identify you. If you don’t want information collected about you in this way, then you will need to change your browser settings and disable Cookies.
1.3 Most web browsers allow some control of most cookies through the browser settings. To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit allaboutcookies.org.
2. Cookies we use and how we use them
2.4 You can learn more about the specific Cookies we use in this list below:
2.4.1 Google Analytics:
These cookies are used to collect information about how visitors use our website. We use the information to compile reports and to help us improve our website. The cookies collect information in an anonymous form, including the number of visitors to the website, where visitors have come to our website from, the pages they visited and how often. It contains no personal or private data at all and is used on millions of websites worldwide. For more information please view an overview of privacy at Google here: http://www.google.com/analytics/learn/privacy.html
2.4.2 Remember me:
This is used when you ask the system to remember your login and stores the email address you use to login only.
This is used to remember and recall jobs you place in your shortlist. This cookie is classed as essential to our websites functionality and can be stored regardless of your selection to ensure our website works.
2.4.4 Account Preferences:
2.4.5 Functionality Cookies:
These cookies are used for remembering choices, settings and preferences you made, so you do not have to keep re-entering them.
2.4.6 Strictly Necessary Cookies:
2.4.7 Performance Cookies:
These cookies are used for measuring how you use the website so we can make sure it meets your needs.
2.4.8 Subscription Services:
Our website offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.
3. Modifying or Disabling Cookies
3.1 Most web browsers will allow you to modify your preferences to notify you when a cookie is set, or to reject all cookies. If you do decide to modify your preferences, change your settings, or disable cookies entirely, this will mean that certain areas of our website will not function correctly.
3.2 Unfortunately (in the majority of cases) there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to our website. If you are unsure as to whether or not you should change your Cookies settings or disable Cookies entirely, then we recommended that you leave on all Cookies so that you can enjoy the full functionality of our website.
3.3 If you would prefer to disable Cookies, then the most effective way to do this is by changing your browser settings. We suggest consulting the Help section of your browser or taking a look at http://www.aboutcookies.org which offers guidance for all modern browsers.
3.4 You can also opt of being tracked by Google Analytics across all websites by visiting http://tools.google.com/dlpage/gaoptout.
4. Social Media Buttons and Plugins
4.1 We also use social media buttons and/or plugins on our website that allow you to connect with and use your social network in various ways. For these to work the following social media sites including; Facebook, Google+, Twitter, LinkedIn, Xing, YouTube, and any others we use, will set cookies through our website which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.
5.2 You can set preferences for how Google advertises to you using the Google Ad Preferences page http://www.google.com/settings/ads/onweb
5.3 If you want to you can opt out of interest-based advertising entirely by cookie settings http://www.google.com/settings/ads/onweb
5.4 If you want to you can permanently opt of interest-based advertising entirely by permanently using a browser extension http://www.google.com/settings/ads/plugin?hl=en
5.5 You can also use the Digital Advertising Alliance Consumer Choice Page to remove custom adverts within your browser http://www.aboutads.info/choices
Disputes and Complaints Procedure
Heart Talent and Ninox Limited are committed to providing a high level of service to you. If you are unhappy or not satisfied with the quality of the service you received then we would like you to tell us without hesitation. It is important to us that you do so we can take immediate action in improving our services and products.
For all Disputes (that is, if you wish to raise a Dispute but do not wish to undertake the full Complaints Procedure), please contact us using the following email address:
We will then try to resolve the dispute with you quickly and efficiently. You can expect a response from us within 3 working days.
If we cannot solve the dispute raised then please follow the complaints procedure below. Please note, as a rule of thumb we always aim to respond to you within 3 days or sooner. Occasionally this may not be possible, or the following procedure may take longer. If any part of the procedure needs to alter then we will inform you immediately and let you know why.
1. Send your complaint, along with your full name and contact details, either in writing or in email as an attachment (this is important, it must be attached as a word document or a pdf file). Please also let us know your preferred method of contact (phone, email, or letter). If in doubt or if you have any questions, please call 02070 78 76 77.
a) If you are sending an email, please use the address firstname.lastname@example.org. This email address will deliver your complaint straight to the managing director.
b) If you are sending a letter, please use the address below:
49 Queens Crescent,
St Albans, Hertfordshire
2. Once we receive your complaint, we will record your complaint on our systems within 1 working day.
3. Next, we will contact you within 3 days to confirm we have received your complaint. We will also discuss the following with you:
a) Confirmation of the details you have submitted, and any further explanations if needed.
b) The name of the person who will be handling your complaint
c) Confirmation of the complaints procedure and what will happen next
4. Once we have communicated with you, we will then start our investigation into your complaint. Our investigation will be completed within 7 days though we do aim to end all investigations much sooner. This will involve then following steps:
a) We will meet with the staff who have been involved with the delivery of your service to find out what happened and why.
i) If your complaint is with 1 member of our staff, then we will ask that member of staff who worked with you to reply to your complaint within 3 days. We will also be examining that member of staff’s reply and if necessary we may ask that you speak to them.
ii) If your complaint is in regards to the service as a whole, we will be meeting with all involved to see what went wrong and why.
5. The information you provided will be examined along with our own staff responses to your complaint and our investigation.
6. Once our investigation is complete, you will then be invited to meet with the managing director to discuss your complaint. During this meeting, we will aim to come to a solution that you are satisfied with.
a) If you do not wish to meet with the managing director (or any of our staff), or if it is not possible to meet, then our managing director will send you a detailed reply to your complaint. This will include our suggestions for resolving the matter.
7. Once your complaint is resolved, we will then write or email you confirming what was discussed in the meeting, what solutions have been agreed, and what we will be doing to improve our services and products to prevent further dissatisfactions. You will receive this confirmation within 3 days of meeting with the manager director (as described in step 6).
8. If a resolution to your complaint cannot be agreed upon, then the managing director will perform a re-review. We aim to complete the re-review within 10 working days. We may need to undertake either or all of the following:
a) Further investigations and meetings to discuss with our staff
b) Further meetings and discussions with yourself
c) Altered or new solutions suggested
9. We will then contact you to inform you of the outcome of the re-review. We will inform you of what was discussed in the meeting, what solutions have been agreed, and what we will be doing to improve our services and products to prevent further dissatisfactions.
10. If you are satisfied then we will send you a confirmation letter or email to confirm the complaint has been solved and the complaints procedure will be brought to a close. If you are unsatisfied then we will either:
a) Repeat steps 8 and 9 one more time. This may not be possible as we may have exhausted all options.
b) Ask you to contact and send your complaint to the Employment Agencies Standards Office at the Department for Business, Innovation and Skills (BIS). You can find more information about this government service here: https://www.gov.uk/government/organisations/department-for-business-innovation-skills
Returns and Refunds
1.1 Our refunds process is in line with the Consumer Rights Act 2015
1.2 Refunds will only be made to the original purchaser. We will not make a refund to any third parties, or anyone who has sold our content, services, or products on a second hand basis, or that which has breached our Policies, Terms and Conditions.
1.3 You will only be entitled to refund if you are able to provide a proof of purchase such as a receipt.
2.1 All refunds are discussed with the person requesting the refund on a case by case basis. We do this as we always offer to find a solution first before offering a refund. Please contact our disputes team to begin this process. You can contact them via email: email@example.com
3. Incorrect Purchases
3.1 We understand that from time to time you may accidentally click or double click on the wrong button, or you may have not intended to click on a button at all. If such action has resulted in a purchase by mistake, please contact us immediately so we can rectify this mistake and refund you (if your payment was processed). Please do not try to rectify the situation yourself as you may incur further charges.
3.2 If you have accidentally ordered the wrong content, services, or product, please contact us immediately and we will arrange for any difference in the cost to be settled. Should you not wish to continue at this stage then we will fully refund you.
Candidate Terms and Conditions
We want to provide all Candidates with a professional, efficient, and enjoyable experience when working with us. These terms and conditions for you (the Candidate) are set out to help enhance your experience, and to help achieve the best possible outcomes and use of our recruitment services.
1. Candidate Services
1.1 All candidates are free to browse and apply to any of our registered vacancies.
1.2 All candidates must adhere to our Policies, Terms and Conditions for using our website. These terms do not restrict or prevent a candidate from browsing or applying to a vacancy.
1.3 Candidates will not incur any charges or costs whatsoever for using our Recruitment Services.
1.4 If a Candidate wishes to use our Career Services, this is done so independently of any Recruitment Service, and the sole choice to use our Career Service lies with the Candidate.
1.5 Whilst we do all we reasonably can to ensure all information provided is complete, accurate, and up to date, we cannot provide any warranty or guarantee of any kind that the information provided (such as vacancy advertisements) made available to Candidates is complete, accurate, and up to date.
1.6 The advertised vacancy skill requirements, qualifications, and preferred experience details are determined by a subsidiary, office, or department within the company, which is offering the vacancy in question, and all vacancies are subject to the national prevailing employment laws and restrictions. This would include immigration laws pertaining to work authorisation requirements and any other applicable government permissions or compliance.
2. Information Submitted by the Candidate
2.1 In order to use our Recruitment Services, the Candidate shall be required to provide details which shall include, but will not be limited to, those regarding their contact information, qualifications, training, experience, employment history and references. Heart Talent requires such details in order to match the Candidate with the appropriate Clients and vacancies.
2.2 The Candidate must ensure that all information submitted to Heart Talent is, to the best of their knowledge, true, accurate, complete and up-to-date.
2.3 In the event that the information submitted to Heart Talent becomes incorrect, inaccurate, incomplete or out-of-date, the Candidate must submit appropriately revised information to Heart Talent as soon as is reasonably possible.
2.4 Where any of the information submitted to Heart Talent contains details which may be used to identify a third party (including, but not limited to, referees), the Candidate must obtain the permission of that party to supply their details to Heart Talent prior to submitting the information.
3.1 By beginning the application process, you automatically confirm that you have completed the following tasks:
3.1.1 You have the read all the details of the vacancy.
3.1.2 You understand the requirements of the vacancy.
3.1.3 You meet the requirements of the vacancy, including the experience required and qualifications needed.
3.1.4 You have informed your chosen referees of your application and made them aware that their details have been submitted and they will be contacted by us.
3.1.5 You have obtained all required valid permits or authorisations including visas and passports (if applicable).
3.2 Upon making an application, you give us permission to contact you to discuss the vacancy further before submitting your application to the respective employer (our client). We will not submit your application without your written permission.
3.3 If you wish to apply for multiple applications with the same Client, you will be required to submit a separate application for each vacancy. We advise tailoring your applications uniquely to each vacancy.
3.4 We reserve the right to decline your application with our client if you do not meet the required criteria set by our client, and if you breach our Policies, Terms and Conditions. You are however, free to make an application without our representation.
3.5 We reserve the right to protect our clients’ identity until it is appropriate to reveal our clients identity. There are a number of situations where we may be required to protect the clients identity during the application process (i.e. if it has been requested by the client, if we feel there is a conflict of interest, if we feel it may hinder your application, if we feel it may hinder your current situation, and other reasons considered).
4. Indemnity and Liability
4.1 You agree and accept that we shall not be liable for any of the following:
4.1.1 The loss of any data, CV’s, or other materials submitted by or to a Candidate.
4.1.2 Any errors or inaccuracies present or later found in the information presented to or from either a Candidate.
4.1.3 Rejections during the recruitment process or the failure to secure employment with any of our Clients for whatever reasons.
4.1.4 Any losses or damages of any kind caused on the part of any Client or the Candidate, as a result of negligence, misconduct, dishonesty, or breaching our terms and conditions.
4.2 The Candidate shall indemnify Heart Talent against any costs, liability, damages, loss, claims or proceedings which may arise out of its use of the Services; its submission of any information set out in our Policies, Terms and Conditions or any other information; any applications it may submit to any Client; or any breach of any part of our Policies, Terms and Conditions.
5. Relationship of Parties
5.1 Nothing in these Terms and Conditions shall create, or be deemed to create, a partnership, the relationship of principal and agent, or of employer and employee between the Agency and the Candidate.