Terms & Conditions

Protecting your personal details on our website.

Last updated: 30 July 2015

Gibson Global Search Ltd (registered number 08289713), whose registered office is at 4 Westcliffe Ave, BD17 5AD, knows that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly. This notice describes our privacy policy and forms part of our website terms and conditions (‘Website Terms’).

By accepting our Website Terms or by visiting www.gibsonglobalsearch.com (‘the Website’) you are accepting and consenting to the practices described in this Privacy Policy.

The Website is brought to you by Gibson Global Search Ltd. Gibson Global Search Ltd believes it is important to protect your Personal Data (as defined in the Data Protection Act 1998) and we are committed to giving you a personalised service that meets your needs in a way that also protects your privacy. This policy explains how we may collect Personal Data about you. It also explains some of the security measures we take to protect your Personal Data, and tells you certain things we will do and not do. You should read this policy in conjunction with the Website Terms.

When we first obtain Personal Data from you, or when you take a new service or product from us, we will give you the opportunity to tell us if you do or do not want to receive information from us about other services or products (as applicable). You can normally do this by ticking a box on an application form or contract. You may change your mind at any time by emailing us at the address below.

Some of the Personal Data we hold about you may be ‘sensitive personal data’ within the meaning of the Data Protection Act 1998, for example, information about your health or ethnic origin.

  1. Collecting Information
    We may collect Personal Data about you from a number of sources, including the following:

    1. From you when you agree to take a service or product from us, in which case this may include your contact details, date of birth, how you will pay for the product or service and your bank details.
    2. From you when you contact us with an enquiry or in response to a communication from us, in which case, this may tell us something about how you use our services.
    3. From documents that are available to the public, such as the electoral register.
  2. Using Your Personal Information
    1. Personal Data about our customers is an important part of our business and we shall only use your Personal Data for the following purposes and shall not keep such Personal Data longer than is necessary to fulfil these purposes:
      1. To help us to identify you when you contact us.
      2. To help us to identify accounts, services and/or products which you could have from us or selected partners from time to time. We may do this by automatic means using a scoring system, which uses the Personal Data you have provided and/or any information we hold about you and Personal Data from third party agencies (including credit reference agencies).
      3. To help us to administer and to contact you about improved administration of any accounts, services and products we have provided before, do provide now or will or may provide in the future.
      4. To allow us to carry out marketing analysis and customer profiling (including with transactional information), conduct research, including creating statistical and testing information.
      5. To help to prevent and detect fraud or loss.
      6. To allow us to contact you in any way (including mail, email, telephone, visit, text or multimedia messages) about products and services offered by us and selected partners unless you have previously asked us not to do so.
      7. We may monitor and record communications with you (including phone conversations and emails) for quality assurance and compliance.
      8. We may check your details with fraud prevention agencies. If you provide false or inaccurate information and we suspect fraud, we will record this.
    2. We will not disclose your Personal Data to any third party except in accordance with this Privacy Policy.
    3. We may allow other people and organisations to use Personal Data we hold about you in the following circumstances:
      1. If we, or substantially all of our assets, are acquired or are in the process of being acquired by a third party, in which case Personal Data held by us, about our customers, will be one of the transferred assets.
      2. If we have been legitimately asked to provide information for legal or regulatory purposes or as part of legal proceedings or prospective legal proceedings.
      3. We employ companies and individuals to perform functions on our behalf and we may disclose your Personal Data to these parties for the purposes set out in clause 2.1 or, for example, for fulfilling orders, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links) and providing customer service. Those parties are bound by strict contractual provisions with us and only have access to Personal Data needed to perform their functions, and may not use it for other purposes. Further, they must process the Personal Data in accordance with this Privacy Policy and as permitted by the Data Protection Act 1998. From time to time, these other people and organisations to whom we may pass your Personal Data may be outside the European Economic Area. We will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this Privacy Policy and the Data Protection Act 1998.
    4. Where you give us Personal Data on behalf of someone else, you confirm that you have provided them with the information set out in this Privacy Policy and that they have not objected to such use of their Personal Data.
    5. In connection with any transaction which we enter into with you:
      1. We, and other companies in our group, may carry out credit and fraud prevention checks with one or more licensed credit reference and fraud prevention agencies. We and they may keep a record of the search. Information held about you by these agencies may be linked to records relating to other people living at the same address with whom you are financially linked. These records will also be taken into account in credit and fraud prevention checks. Information from your application and payment details of your account will be recorded with one or more of these agencies and may be shared with other organisations to help make credit and insurance decisions about you and members of your household with whom you are financially linked and for debt collection and fraud prevention. This includes those who have moved house and who have missed payments.
      2. If you provide false or inaccurate information to us and we suspect fraud, we will record this and may share it with other people and organisations. We, and other credit and insurance organisations, may also use technology to detect and prevent fraud.
      3. If you need details of those credit agencies and fraud prevention agencies from which we obtain and with which we record information about you, please write to our Data Protection Manager at Gibson Global Search Ltd, 4 Westcliffe Ave, BD17 5AD .
  3. Protecting Information
    We have strict security measures to protect Personal Data.

    1. We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
    2. We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
    3. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.
    4. It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when you finish using a shared computer.
  4. The internet
    1. If you communicate with us using the internet, we may occasionally email you about our services and products. When you first give us Personal Data through the Website, we will normally give you the opportunity to say whether you would prefer us not to contact you by email. You can also always send us an email (at the address set out below) at any time if you change your mind.
    2. Please remember that communications over the internet, such as emails and webmails (messages sent through a website), are not secure unless they have been encrypted. Your communications may go through a number of countries before they are delivered – this is the nature of the internet. We cannot accept responsibility for any unauthorised access or loss of Personal Data that is beyond our control.
  5. Links
    1. The Website may include third-party advertising and links to other websites. We do not provide any personally identifiable customer Personal Data to these advertisers or third-party websites.
    2. These third-party websites and advertisers, or internet advertising companies working on their behalf, sometimes use technology to send (or ‘serve’) the advertisements that appear on the Website directly to your browser. They automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalise advertising content. We do not have access to or control over cookies or other features that they may use, and the information practices of these advertisers and third-party websites are not covered by this Privacy Policy. Please contact them directly for more information about their privacy practices. In addition, the Network Advertising Initiative offers useful information about internet advertising companies (also called ‘ad networks’ or ‘network advertisers’), including information about how to opt-out of their information collection.
    3. We exclude all liability for loss that you may incur when using these third party websites.
  6. Further Information
    1. If you would like any more information or you have any comments about our Privacy Policy, please either write to us at Data Protection Manager, Gibson Global Search Ltd, 4 Westcliffe Ave, BD17 5AD, or email us at info@gibsonglobalsearch.com.
    2. We may amend this Privacy Policy from time to time without notice to you, in which case, we will publish the amended version on the Website. You confirm that we shall not be liable to you or any third party for any change to this Privacy Policy from time to time. It is your responsibility to check regularly to determine whether this Privacy Policy has changed.
    3. You can ask us for a copy of this Privacy Policy and of any amended Privacy Policy by writing to the above address or by emailing us at info@gibsonglobalsearch.com. This Privacy Policy applies to Personal Data we hold about individuals. It does not apply to information we hold about companies and other organisations.
    4. If you would like access to the Personal Data that we hold about you, you can do this by emailing us at info@gibsonglobalsearch.com or writing to us at the address noted above. There may be a nominal charge of £10 to cover administrative costs.
    5. We aim to keep the Personal Data we hold about you accurate and up to date. If you tell us that we are holding any inaccurate Personal Data about you, we will delete it or correct it promptly. Please email us at info@gibsonglobalsearch.com or write to us at the address above to update your Personal Data.

Last Updated: 30 July 2015

This policy is for an online Job Posting only, for other payment policy terms please contact us directly.

 

30 Day Job Posting

 

  • Payment is for a job advert posted on our website for the period of 30 days
  • Job advert will be promoted through our media at our discretion
  • All payments are required in full prior to placing an advert
  • Payments are to be made via PayPal through our website
  • Payments are non refundable
  • Payments are inclusive of VAT
  • For PayPal terms and conditions please visit PayPal

Last Updated: 30 July 2015

GIBSON GLOBAL SEARCH LTD

 

CONDITIONS OF SALE

Definitions                                                                        

  1. In these conditions;

the Client” means the individual firm or company whose Request is accepted by the Company and/or its parent, subsidiary, associated or operating companies;

the Candidate” means any person identified by the Company as potentially suitable for employment by the Client;

the Company” means Gibson Global Search Limited and/or its subsidiaries, associated or operating companies;

Contract” means the contract between the Company and the Client for the supply of Services;

Request” means the Client’s request whether made orally or in writing or otherwise for the provision of Services;

Services” means the recruitment services to be supplied by the Company to the Client;

Contingency Assignment” means where the Client engages the services of the Company for the purposes of identifying and interviewing an individual(s) potentially suitable for a particular position of employment and the Company receives its entire fee only upon placement of a Candidate.

Retained Assignment” means where the Client engages the services of the Company on an exclusive basis for the purposes of identifying and interviewing an individual(s) potentially suitable for a particular position of employment and the fee to the Company for such services is divided into stage payments as detailed in Clause 6, in order to secure such exclusivity. Retained Assignments usually, but not always, involve the provision of a service/s over and above those provided for a contingency assignment.

Application of Conditions
  1. These conditions shall apply in respect of all Contracts between the Company and the Client. Unless otherwise accepted in writing by the Company no other conditions, terms or warranties are incorporated or implied into any Contract between the Company and the Client. All quotations, offers and tenders are made subject to the following conditions. In cases where the Client has specifically agreed terms with the Company, then to the extent that there is any conflict between those terms and these standard terms then those special terms will prevail over the standard terms provided always that the Request is confirmed in writing by the Company. The Client agrees to be bound by the terms and conditions set out herein.

Supply of Services

  1. The Company agrees to supply the Services to the Client upon the terms and conditions set out herein and time for the performance of the Services shall not be of the essence.
  1. Any time or date for the performance of the Services shall be given as accurately as possible, but is not guaranteed. The Client shall have no right to cancel the Contract for failure to meet any completion time stated.
  1. Assignments are conducted on either a Retained or Contingency basis.

Fee

  1. The fee payable to the Company by the Client for the Services (“Fee”) shall be calculated as follows:

20% of Annual Basic Salary

“Annual Basic Salary” is the total gross basic salary to be paid to the Candidate during the first 12 months of employment with the Client.

  1. Unless otherwise agreed in writing, all Fees are exclusive of VAT and are not subject to any discount.
  1. For Contingency Assignments the Fee shall be paid by the Client within 30 days of a Candidate commencing employment with the Client (the “Commencement Date”).
  1. In respect of Retained Assignments, the Fee shall be payable as follows;

9.1           one third upon acceptance by the Company of the Client’s Request;

9.2           one third upon presentation of a shortlist of Candidates to the Client; and

9.3           one third when the Client issues an offer of employment to a Candidate.

Where the final Annual Remuneration is greater than the proposed salary at the commencement of the Retained Assignment, the final payment under this clause 9.3 shall be increased to ensure the total Fee paid is the correct    percentage of the final Annual Remuneration.

If the Client appoints more than one Candidate from an Assignment, the Fee for the second and subsequent Candidates will be as outlined above in clause 6.

For the avoidance of doubt, the sums payable under conditions 9.1 and 9.2 are non-refundable, irrespective of whether a Candidate is offered or accepts employment with the Client. Under condition 9.3 the Client will pay the final third of the Fee if another candidate has been introduced to the Client from a third party, or if an internal candidate is appointed by the Client (unless agreed differently at the beginning of the Assignment).

If the Assignment is terminated before presentation of the shortlist, two thirds of the Fee will be paid by the Client. If    the Assignment is terminated after the shortlist has been presented the whole of the Fee will be paid by the Client.

The Company will provide the Client with invoices for the Fees and expenses (see Clause 16) and the Client agrees to pay the invoices within 30 days of receipt.

  1. Where a candidate may be engaged by the Client for a Freelance assignment, the Fee shall be calculated as 20% of assignment remuneration.
  1. Where the Client defaults in payment, the Company shall be entitled to:

11.1         charge interest at an annual rate of 8% above the base rate of the Bank of England from time to time on any sums outstanding; and/or

11.2         charge compensation arising from the late payment under and in accordance with section 5A of the Late Payment and Commercial Debts (Interest) Act 1998; and/or

11.3         suspend or terminate performance of the Services under the Contract and under any other Contract between the Company and the Client.

  1. In the event that a Candidate who is not offered or does not accept an offer of employment subsequently accepts an offer of employment with the Client within 12 months of the date upon which that Candidate was first introduced to the Client, or subsequently introduces a third party Candidate who accepts an offer of employment with the Client within 12 months of the date upon which the original Candidate was first introduced to the Client, the Client shall within 30 days of the Commencement Date pay a Fee (or if the Candidate was introduced to the Client pursuant to a Retained Assignment, the relevant part of the Fee under Clause 9) calculated in accordance with Clause 6.

Liability

  1. The Company shall perform the Services with reasonable skill and care.
  1. Nothing contained in these conditions shall limit or restrict the Company’s liability for death or personal injury caused by the Company’s negligence, nor does the Company limit or restrict its liability for fraudulent misrepresentation under the Misrepresentation Act 1967.
  1. Without prejudice to Clause 14, under no circumstances shall the Company be liable in any manner whatsoever whether in contract or in tort, or in misrepresentation (except for fraudulent misrepresentation) or otherwise for direct loss of profit or direct loss of anticipated savings or for losses special to the particular circumstances of the Client, indirect or consequential losses including but not limited to indirect loss of profit, indirect loss of anticipated savings, loss of use of money, loss of business, loss of opportunity, loss of goodwill, loss of reputation, loss of data, damage to property and/or wasted expenditure arising out of or in connection with the provision of Services.   Further, the Company’s liability shall not exceed the total amount invoiced by the Company to the Client under the Contract. The price for the Services is based on the assumption that the liability of the Company is as set out herein.

Indemnity

  1. The Client shall indemnify the Company against any losses, costs, claims, demands, awards and liabilities incurred directly or indirectly by the Company as a result of claims brought against the Company by any Candidate and/or as a result of the negligence of the Client or breach by the Client of any of the obligations of the Company under the Contract.

Advertising Services

  1. If the Services require the Company to advertise the Client’s employment vacancy, (“Advertising Service”), the following conditions shall also apply; (a) the Client shall be responsible for providing to the Company in writing full and accurate details of any Advertising Service it requires, (b) the Company and the Client shall agree a fee (exclusive of VAT) for such Advertising Service such fee to be paid within 30 days of the date of the invoice for such Advertising Services, (c) the Company shall provide a draft of any advertisement before it is published for the Client’s approval, such approval not to be unreasonably withheld or delayed, (d) the Company shall be responsible for entering into any contract with a third party for the purpose of carrying out the Advertising Service and shall be responsible for any fees, costs and expenses incurred by such third party, and (e) in the event that the Client cancels the Advertising Services, the Client shall be responsible for all costs and expenses incurred by the Company up to and including the date of cancellation, including all third party costs incurred by the Company in providing Advertising Services.
  1. The Client acknowledges that copyright and any other intellectual property rights in any advertisement or any other materials or other works created by the Company, vests with the Company and it is acknowledged by the Client that it does not have any rights to use such intellectual property without the prior express written consent of the Company.

References

  1. Subject to the provisions of Clauses 13, 14 and 15, the Company does not accept any responsibility for the suitability of any Candidate offered permanent employment with the Client and the Client shall be responsible for taking up any references, (including confirmation of any academic and professional qualifications), arranging any medical examinations and/or other investigations of the Candidate.

Replacement Scheme

  1. 20.1 In the event that the Client terminates a Candidate’s employment within 12 weeks of the Commencement      Date (“Termination Date”) and provided that (a) the Client or its subsidiary or associated companies do not offer similar employment to the Candidate within 6 months of the Termination Date, (b) such termination is not the result of a redundancy or unfair dismissal, and (c) the Client does not owe any outstanding amounts to the Company as at the Termination Date, then the Company shall, at its option use all reasonable endeavours to provide the Client with a new shortlist of replacement Candidates at no extra cost to the Client (unless further Advertising Services are required, in which case Clause 17 shall apply).

20.2         In the event that a Candidate (a) does not accept an offer of employment issued by the Client, or (b) does      not commence employment after accepting the offer or (c) terminates employment within 12 weeks of commencement of employment, then the Company shall, at its option use all reasonable endeavours to provide the Client with a new shortlist of replacement Candidates at no extra cost to the Client (unless further Advertising Services are required, in which case Clause 17 shall apply).

For the avoidance of doubt, in the event that the Fee payable for the Services is not paid within 30 days of the commencement date as per Clauses 8, 9 and 10, the provisions of Clause 20 will not apply. Furthermore, in the event that the Candidate terminates his/her contract after 12 weeks of employment with the Client, the Company will not be liable in any manner whatsoever under this Contract.

Confidentiality

  1. The parties shall keep confidential and shall not disclose to any third party or otherwise use any and all information concerning the business and affairs of the other (including without limitation, all information on the Candidate, detailed orally or in writing, or on the Candidate’s resume), which is disclosed to the other party as a result of the Contract, other than for the purpose of carrying out its obligations under the Contract. In particular, the Client agrees that it will not approach a Candidate’s current employer until such time as the Client has received confirmation from the Candidate of his acceptance of an offer of employment with the Client.
  1. The Client undertakes that it will comply with all data protection legislation in force that it will only use personal data strictly for the purposes for which it was disclosed and shall only use the personal data in accordance with the express instructions of the Company. In particular the Client shall keep such data secure and confidential at all times and shall put in place appropriate technical and organisational security measures to protect the personal data and not disclose it except with the written authority of the Company.

Termination

  1. The Company shall be entitled forthwith to terminate any Contract with the Client by one week’s notice.
  1. The Company shall be entitled forthwith to immediately terminate any Contract between it and the Client where the control of the Client changes during the period of the Contract, or where the Client commits any continuing or material breach of these conditions or makes any composition with its creditors or suffers any distress or execution to be levied upon its assets or is wound up either compulsorily or voluntarily, or suffers a receiver of any assets to be appointed or otherwise ceases or threatens to cease to carry on business.

General

  1. If the performance of the Contract by the Company shall be delayed by any circumstances or conditions beyond the control of the Company, the Company shall have the right at its option (a) to suspend further performance of the Contract until such time as the cause of the delay shall no longer be present or (b) to be discharged from further performance of and liability under the Contract and if the Company exercises such right the Client shall thereupon pay the total Fee price less a reasonable allowance for what has not been performed by the Company.
  1. These conditions constitute the entire agreement between the parties, supersede any agreement or understanding and may not be varied except in writing between the parties.
  1. The Contract is between the Company and the Client and is not assignable without the prior written consent of the Company.
  1. A fee of £20,000.00 shall be payable by the Client to the Company should the Client, during this Contract or for a period of 12 months following the introduction of any candidate, either (a) solicit, or employ (directly or indirectly) the services of any employee of the Company who has been involved in the provision of the services to the Client under the Contract, or (b) engage or utilise the services of any firm or company of which such an employee is an officer, agent or employee of.
  1. Where the Company is engaged on a Retained Assignment, the Client cannot engage the services of another organisation to work on the same assignment.
  1. A person who is not party to the agreement shall have no rights pursuant to the Contracts (Rights of Third Parties) Act 1999 (the “Act”) to enforce any term of this agreement. Any right or remedy which exists or is available apart from the Act is not affected.
  1. The Contract shall be construed in accordance with English Law and shall be subject to the jurisdiction of the English Courts.

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