Terms and Conditions of Use

  1. TERMS OF USE

    www.maxwellstephens.com is a website owned by Maxwell Stephens Limited, a company registered in England and Wales, registered number 02660883, whose registered office is 7 Victoria Rd, Darlington, County Durham DL1 5SN.

    Maxwell Stephens Limited (“Maxwell Stephens”, “we” or “us”) provides you access to the www.maxwellstephens.com website (the “Site”) in order to help you at every stage of the recruitment process.  Please read these Terms of Use carefully before using the Site. Using the Site indicates that you accept these Terms of Use regardless of whether or not you choose to register with us. If you do not accept these Terms of Use, do not use the Site.

    Where Maxwell Stephens introduces by telephone, postal mail, electronic mail or any other electronic means any candidate for a temporary assignment or for employment with our hiring clients the introductions shall be subject to our Terms of Business. We will provide all of our clients with a copy of our Terms of Business at the point of registration or following registration. These Terms of Use are in addition to and not in substitution for our Terms of Business.  Candidates who are seeking work as temporary workers or contractors or who are seeking permanent employment will be required to adhere to our Terms of Engagement.  These Terms of Use are in addition to and not in substitution for our Terms of Engagement.

    Your use of this Site

    You may access most areas of the Site without registering your details with us. Certain areas of the site are only open to you if you register by accessing any part of the Site, you shall be deemed to have accepted these Terms of Use in full.  If you do not accept these Terms of Use in full, you must leave this Site immediately.

    You will not use the Site for any of the following purposes:

    • To post or transmit any material for which you have not obtained all necessary licences and/or approvals;
    • To post or transmit on the Site inaccurate, incomplete or false information including:

    in the case of candidates, biographical information about yourself and/or information about your ability to work in the United Kingdom or elsewhere; and

    in the case of clients, incorrect or misleading information regarding any job vacancy;

    • To post or transmit on the Site any libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material;
    • To post or transmit on the Site any material which contains any virus or other disabling devices which interferes or may interfere with the operation of the Site; or which alters or deletes any information which you have no authority to alter or delete; or which overloads the Site by spamming or flooding it;
    • To use any device or software to crash, delay, or otherwise damage the operation of the Site;
    • To take any action that affects Maxwell Stephens’ reputation or that defames, abuses, harasses or threatens others;
    • To encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law; or carry out such conduct yourself;

    Maxwell Stephens in its sole discretion shall determine your compliance with the above and shall have the right to prevent you from using the Site and/or to delete from the Site immediately and without prior notice any material that it deems not to comply or to be objectionable for any reason. Maxwell Stephens shall co-operate fully with any law enforcement authorities or any court order requesting or directing Maxwell Stephens to disclose the identity or locate anyone posting or transmitting any material in breach of the above.

    Links to or from other websites

    As a convenience to users, the Site may from time to time contain links to external websites and you may be offered a number of automatic links to other sites, which may interest you. We accept no responsibility for or liability in respect of the content of those third party sites. Maxwell Stephens has not reviewed or approved such sites and does not control and is not responsible for those sites or their content. Maxwell Stephens does not warrant that any links to such sites work or are up to date. Maxwell Stephens do not endorse or make any representations about those sites and the use of any such links is entirely at your own risk. Any third parties wishing to link to our Site may do so provided links are to the home page only of the Site and provided we are notified in advance by email to info@maxwellstephens.com. Maxwell Stephens reserves the right to refuse to allow third parties to link to our Site and shall not be required to give any explanation for such refusal, or for withdrawal of previously granted permission.

    Security and passwords

    When you register with the Site or log in when you visit the Site, you will need to use a user name and password. You are solely responsible for the security and proper use of the password, which should be kept confidential at all times and not disclosed to anyone. You must notify us immediately if you believe that your password is in the possession of someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use of disclosure of any password.

    Aggregate information

    We may gather information and statistics collectively about all visitors to the Site which may include the information supplied by you which will help us to understand our users, thereby creating a better recruitment process. We will not disclose individual names or identifying information. All data will be in aggregate form only. We believe this information helps us determine what is most beneficial for our users and how we can continually improve our online service. We may share this kind of aggregate data with selected third parties to assist with these purposes.

    Intellectual property rights

    Unless otherwise stated, the copyright and other intellectual property rights in all material on this Site (including without limitation photographs and graphic images) are owned by Maxwell Stephens or its licensors. You may not download copy or print any of the pages of the Site except for your own personal use, and provided you keep intact all copyright and proprietary notices. No copying or distribution for any business or commercial use is allowed. No framing, harvesting, “scraping” or other manipulation of the content of the Site is permitted. You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Site; nor will you post to the Site any material which infringes any intellectual property rights of any third party.

    Changes to or temporary unavailability of this Site

    Every effort is made to keep the Site up and running smoothly and fault-free. However, Maxwell Stephens takes no responsibility for, and will not be liable for, the Site being temporarily unavailable for reasons of maintenance or improvement, or due to technical issues beyond our control.  We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any of the Site features, databases or content. Maxwell Stephens may amend these Terms of Use at any time by posting amended Terms of Use to the Site. You will be deemed to have agreed to the amended Terms of Use when you next use this Site following any amendment.

    Termination

    We may at our absolute discretion deny you access to this Site (which may include any of the services or information available through it) or any part of it at any time without explanation.

    Liability and Disclaimer

    The information contained on this Site including any salary information or surveys are given in good faith and Maxwell Stephens uses all reasonable efforts to ensure that it is accurate. However, Maxwell Stephens gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.

    No liability is accepted by Maxwell Stephens for any loss or damage which may arise out of any person relying on or using any information on this Site. Maxwell Stephens shall not be liable to any person relying on or using any such information for (a) loss of revenue, loss of actual or anticipated salary; loss of actual or anticipated profits whether arising in the normal course of business or otherwise (including, without limitation, loss of profits on contracts); loss of or damage to employment prospects; loss of opportunity; loss of anticipated savings; loss of business; loss of goodwill; loss of or damage to reputation; loss of or corruption to data; loss of management or administration time, legal and other professional fees and expenses; or (b) any indirect or consequential loss or damages however caused (including without limitation by reason of misrepresentation, negligence, other tort, breach of contract or breach of statutory duty) which arise directly or indirectly from the subject matter of this Site.  However, nothing in the above shall limit or exclude Maxwell Stephens’ liability for fraud or for death or personal injury caused by negligence, or to the extent otherwise not permitted by law.

    You agree fully to indemnify us and keep us fully indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of this Site.

    Maxwell Stephens makes no representation in respect of the existence or availability of any appointment advertised on this Site. We do not guarantee that any client will ask for a candidate’s information, or will interview or hire a candidate, or that any candidates will be available or will meet the needs of any client.  We make no representation or warranty as to the final terms and duration of any appointment obtained through use of this Site.  Whilst we take all reasonable endeavours to ensure it is the case, we do not guarantee that any client will keep confidential any candidate information provided to them.

    If any provision of these Terms of Use is held to be invalid by a court of competent jurisdiction, such invalidly shall not affect the validly of the remaining provisions, which shall remain in full force and effect.

    Your use of the Site and uploads to and downloads from it, and the operation of these Terms of Use, shall be governed in accordance with the laws of England and Wales. The English courts shall have exclusive jurisdiction over any dispute arising out of the use of this Site.

    PRIVACY POLICY AND COOKIES

    This Privacy Policy (together with our Terms of Use and any other documents referred to in it) sets out the basis on which all data that we collect from you, or that you provide to us via this Site, will be processed by us. Please read the following carefully to understand our views and practices regarding your data and how we will treat it.

    Who is the controller of the data that you provide to us?

    Maxwell Stephens is registered as a data controller in the United Kingdom for the purposes of the Data Protection Act 1998. We ensure that the data you supply to us is processed fairly and lawfully, and with skill and care and used only for the purposes set out in this policy.

    What information will we collect?

    Where the data that we collect from you or that you provide to us via this Site consists of or contains personal information, that personal information is, for the purposes of the Data Protection Act 1998, categorised as either Personal Data or Sensitive Personal Data.

    Personal Data means data which relates to a living individual who can be identified from that data, or who can be identified from that data and from any other information which is in our possession or is likely to come into our possession.

    Sensitive Personal Data means personal data consisting of information as to:

    • the racial or ethnic origin of the data subject;

     

    • his/her political opinions;

     

    • his/her religious beliefs or other beliefs of a similar nature;

     

    • whether he/she is a member of a trade union (within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992);

     

    • his/her physical or mental health or condition;

     

    • his/her sexual life;

     

    • the commission or alleged commission by him/her of any offence; or

     

    • any proceedings for any offence committed or alleged to have been committed by him/her, the disposal of such proceedings or the sentence of any court in such proceedings.

     

    We collect and process Sensitive Personal Data only so far as is necessary and in compliance with all applicable legislation. By using the Site and by registering your details with us, you consent to us collecting and processing Sensitive Personal Data provided by you or received by us and disclosing this information to our clients in connection with the recruitment process.

    What use will be made of the information that we collect?

    Your information will be stored, processed, used and disclosed by us in the following ways:

    • To provide our recruitment services to you and to facilitate the recruitment process;
    • To assess data about you against vacancies which we judge may be suitable for you;
    • To send your information to clients in order to apply for jobs or to assess your eligibility for jobs;
    • To enable you to submit your CV, apply online for jobs or to subscribe to alerts about jobs we think may be of interest to you;
    • To allow you to participate in interactive features of our service when you choose to do so;
    • To market our full range of recruitment services to you;
    • To enable us to develop and market other products and services and where you have consented to being contacted for such purposes;
    • To improve our customer service and to make our services more valuable to you (including tailoring our Site when you log on to enrich your personal online experience);
    • To send you details of reports, promotions, offers and general information about the industry sectors which we think might be of interest to you where you have consented to being contacted for such purposes;
    • To answer your questions and enquiries;
    • To third parties where we have retained them to provide services that we, you or our client have requested including references, qualifications and criminal reference checking services, verification of the details you have provided from third party sources, psychometric evaluations or skill tests;
    • To third parties, regulatory or law enforcement agencies if we believe in good faith that we are required by law to disclose it in connection with the detection of crime, the collection of taxes or duties, in order to comply with any applicable law or order of a court of competent jurisdiction, or in connection with legal proceedings;
    • To use your information on an anonymised basis to monitor compliance with our equal opportunities policy;
    • To carry out our obligations arising from any contracts entered into between you and us.

    From time to time we may seek your consent to process, use or disclose your information for any other purpose not listed above.

    We reserve the right to transfer your information to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of our company provided that the third party agrees to adhere to the terms of this Privacy Policy and provided that the third party only uses your data for the purposes that you provided it to us. You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out.

    Where will my information be held? Where will it be accessible from?

    The personal information that you provide to us may be accessible by clients and the third parties specified above. Some of these clients and third parties may be located outside of the European Economic Area. Accordingly your personal information may be sent to or be capable of being accessed from outside the European Economic Area. When we transfer your personal information outside the European Economic Area we will take steps with the aim of ensuring that your privacy rights continue to be protected as outlined in this Privacy Policy.

    How do I find out what information you hold? Can I amend, modify or require my information to be deleted? Can I unsubscribe to your services?

    You may request us to confirm what information we hold about you at any time and may request us to modify, update or delete such information. We may ask you to verify your identity and for more information about your request. We also have the right to charge an administrative fee for this service. Where we are legally permitted to do so, we may refuse your request and will give you reasons for doing so. We will seek to act on your request in the timescale required by applicable data protection laws.

    You may request to unsubscribe from job alerts and marketing material at any time. If you wish to contact us with respect to the above matters please email us at info@maxwellstephens.com.

    How long will you hold my information for?

    We are required by law to hold your information for as long as is necessary to comply with our statutory and contractual obligations and in accordance with our legitimate interests as a data controller.

    We will use reasonable endeavours to ensure that your personal information is maintained and up to date. However, you are under a duty to inform us of any and all changes to your personal information to ensure that it is up to date and we will update or delete your personal information accordingly.

    Sending us information over the internet

    Your information is held on servers hosted by us or our Internet Service Provider. The transmission of information via the internet is not completely secure. Although we will do our best to protect your data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.

    How we collect and aggregate information about visitors to our Site

    We also collect information about the way job seekers and visitors use this Site in order to improve our services. We do not use information gained in this manner in a way that any individual can be identified, and will use it to understand our users better, and to determine aggregate trends, most popular pages etc. for all the Site’s users. We may share this kind of aggregate data with selected third parties to assist with these purposes where you have consented to this. We may also undertake marketing profiling to help us identify services or jobs which may be of interest to you.

    Cookies

    1. What are cookies?
      A “cookie” is a piece of information that is stored on your computer’s hard drive and which records your navigation of a website so that, when you revisit that website, it can present tailored options to you based upon the stored information about your last visit. You can normally alter the settings of your browser to prevent acceptance of cookies.
      Cookies are used by nearly all websites and do not harm your system.
    2. How do we use cookies?
      We use “cookies” to:
      (1) monitor site user traffic patterns and site usage. This helps us to understand how our users use our Site so that we can develop and improve the design, layout and functionality of the Site; and
      (2) to help us to advertise to you jobs we think you will be interested in.

    There are different kinds of cookies with different functions:

    Session cookies: these are only stored on your computer during your web session. They are automatically deleted when the browser is closed. They usually store an anonymous session ID allowing you to browse a website without having to log in to each page. They do not collect any information from your computer.

    Persistent cookies: a persistent cookie is one stored as a file on your computer, and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again. We use persistent cookies for Google Analytics (see section 6 on Google Analytics) and for personalisation cookies (see section 7 on Personalisation Cookies).

    The only third party cookies we use on our site are Google Analytics (please see section 6 on Google Analytics).

    The cookies we use are explained below:

    1. Strictly necessary cookies
      These cookies are essential to enable you to use the Site effectively (such as in applying for a job) and therefore cannot be turned off. Without these cookies, the services available to you on our Site cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.
    2. Performance cookies

    These cookies enable us to monitor and improve the performance of our Site. For example, they allow us to count visits, identify traffic sources and see which parts of the Site are most popular. We use Google Analytics for this purpose (see section 6) and all information these cookies collect is aggregated and therefore remains anonymous. These cookies do not collect information that identifies a visitor, as all information these cookies collect is anonymous and is only used to improve how our Site works.

    1. Functionality cookies
      These cookies allow our Site to remember choices you make (such as your user name, language or the region you are in) and provide enhanced features. For instance, a website may be able to provide you with news or updates relevant to the products you buy. These cookies can also be used to remember changes you have made to text size, font and other parts of web pages that you can customise. They may also be used to provide services you have requested such as viewing a video or commenting on a blog. The information these cookies collect is usually anonymised.
    2. Google Analytics
      This Site uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help the website analyse how users use the Site. The information generated by the cookie about your use of the Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Site, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
    3. Personalisation cookies
      This Site uses personalisation cookies which help us to advertise to you jobs that we think may be of interest. These cookies are persistent (see section 2 above) and this means that when you log in or return to the Site you may see advertising for jobs that are similar to jobs that you have previously browsed.

    For information on how to reject these personalisation cookies, see section 8 below.

    1. How to reject cookies
      Note that most web browsers will accept cookies, but if you would rather that we did not collect data in this way you can choose to accept all or some or reject cookies in your browser’s privacy settings. Rejecting all cookies means that certain features cannot then be provided to you and accordingly you may not be able to take full advantage of all of our Site’s features. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.

    For more information generally on cookies, including how to disable them, please refer to aboutcookies.org (http://www.allaboutcookies.org/).

    Links to other websites

    Please note that clicking on links and banner advertisements and RSS feeds may result in your transfer to another website, where data privacy practices may be different to those outlined in this Privacy Policy. It is your responsibility to check other website privacy policies to ensure that you are happy for your personal information to be used in accordance with those third parties’ privacy policies. We accept no responsibility for and have no control over third party websites, links, adverts or RSS feeds or information that is submitted or collected by third parties.

    Change to our Privacy Policy

    Any changes to this Privacy Policy will be posted on this Site so you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. If at any time we decide to use your information in a manner significantly different from that stated in this Privacy Policy, or otherwise disclosed to you at the time it was collected, we will notify you by email, and you will be able to choose whether or not we use your information in the new manner.

    In case of any query regarding the information on this Site, please contact info@maxwellstephens.com.