know-who

Legal Information

KNOW-WHO WEBSITE TERMS AND CONDITIONS

1. Who Are We?
2. Defined Terms
3. Job-Seeker Specific Provisions
4. Hirer Specific Provisions
5. Referrer Specific Provisions
6. Inviter Specific Provisions
7. Placement Fee Payment Structure
8. Rebate Terms
9. Using Our Website and Services
10. Intellectual Property Rights
11. Our Liability to You
12. Information About You and Your Visits to Our Website
13. Uploading Material to Our Website
14. Viruses, Hacking and Other Offences
15. Linking
16. Our Contract
17. Purchasing from Us
18. Method of Payment
19. Termination
20. Customer Services
21. Disputes
22. General

KNOW-WHO PRIVACY POLICY

1. What Information Do We Collect?
2. Our Use of the Information We Collect?
3. Direct Marketing
4. Email Marketing
5. Who Do We Share this Information With?
6. Your Rights
7. Security
8. Blogs
9. Linking
10. Cookies

KNOW-WHO WEBSITE TERMS AND CONDITIONS

Please read these Terms and Conditions carefully - they set out the basis on which you are allowed to use this website and our services. If you have any questions about them or do not accept them, please contact our customer services department at help@know-who.com before using this website.

1. Who Are We?

These Terms and Conditions relate to our website at www.know-who.com. We are know-who Limited, a company registered in England and Wales at Companies House. Our registered office is Suite 114, 50 Westminster Bridge Road, London SE1 7QY and our registered number is 06259449.

You can contact us by email at help@know-who.com.

2. Defined Terms

"Hirer" means an actual or potential employer who is registered with us for the purpose of filling one or more of their vacancies with a Job-Seeker;

"Inviter" means a person who is registered with us for the purpose of inviting potential Job-Seekers or potential Hirers to our website;

"Job-Seeker" means a person who is registered with us for the purpose of seeking employment with a Hirer;

�Placement Fee� means the fee of 5% of a successful Job-Seeker�s annual gross salary (permanent employee) or 5% fee (mark up) of a successful Job-Seeker�s day/hour rate (temporary employee) whichever is applicable;

"Placement Fee Payment Structure" means the structure governing the payment of Placement Fees as set out in condition 7;

"Rebate Terms" means the terms governing any rebate that may be payable to a Hirer as set out in condition 8;

"Referrer" means a person who is registered with us for the purpose of introducing Job-Seekers to Hirers; and

"Terms and Conditions" means these terms and conditions, which govern the relationship between you and us.

3. Job-Seeker Specific Provisions

If a vacancy is referred to you by a Referrer, you must check that vacancy is suitable for you. We do not take responsibility for the ability of any Referrer to recommend a suitable vacancy for you.

You acknowledge that a Hirer can see any information that you provide on our site once you have applied for a particular vacancy with that Hirer.

In order for the Hirer to determine your suitability for any particular vacancy that a Referrer has recommended to you, the Hirer may ask you to provide further information. This further information will only be information that may help determine your suitability for a particular vacancy and may include (but is not limited to) matters such as your experience, qualifications and training.

If a Hirer engages you in relation to a vacancy that was filled via the use of our website, you must inform us that you have been successful. The Hirer will then pay us the Placement Fee, which will then be paid to the various parties (including you) in accordance with the Placement Fee Payment Structure. You acknowledge that we need to be informed of your annual salary or day/hour rate (and hours worked) in order to give effect to the Placement Fee Payment Structure.

We will pay you your proportion of the Placement Fee within (i) 8 weeks from the commencement of your employment with a Hirer or (ii) 7 days after we have received the Placement Fee from the Hirer, whichever is the later.

For temporary placements the placement fee structure calculated on a monthly basis, based on time worked by the job seeker. We will pay the parties (including you) their share of the reward (as set out in the placement fee structure) on a monthly basis, as set out above.

In the event that a Hirer refuses to pay a Placement Fee, or delays in the payment of a Placement Fee, we will use our reasonable endeavours to ensure that the Hirer pays the Placement Fee, but we will not be liable to you for any amount that is due to you or in any way for any losses, damages or costs arising from a failure by the Hirer to pay, or delaying payment of, the Placement Fee.

Upon reasonable request from the Hirer, you agree to provide the Hirer with any information that may assist them in determining your suitability for any particular vacancy.

In the event that a particular vacancy requires you to have certain qualifications or authorisations you will (i) obtain copies of the relevant qualifications or authorisations and provide these to the Hirer and (ii) take all other steps that are reasonably required by the Hirer to ensure that the you suitable for the specific vacancy. You acknowledge that all qualifications and authorisations may be verified by the Hirer.

4. Hirer Specific Provisions

We make no representation or warranty as to the suitability of a Job-Seeker that applies for employment with you. We also make no representation or warranty as to the likelihood that our services will result in a suitable Job-Seeker being identified for employment with you.

Any introductions of Job-Seekers to you via our site are introductions made solely by the Referrer and you acknowledge that we have not taken any steps to verify the relationship between the relevant Referrer and Job-Seeker.

We will invoice you in relation to any Placement Fees that are payable by you and we agree to pay you any rebates that are lawfully due to you in accordance with our Rebate Terms. For the avoidance of doubt, we will not be responsible for paying you any rebate until you have paid the applicable Placement Fee to us and your late payment of any Placement Fee will void your entitlement to a rebate.

We will invoice you for the placement fee on the first day of the job seekers employment with you; and for temporary employees monthly thereafter. We will invoice you monthly in advance for /temporary employees based upon an estimation time worked as 5 days per week for the duration estimated by you on successful hire of the temporary job seeker, and any agreed extensions thereafter.

You agree to pay the Placement Fee within 14 days of us sending you an invoice and we shall be entitled to apply interest on any amount not paid by you by this due date at the rate of 4% above the base rate from time to time of the Bank of England.

You agree to place on our website and to provide Referrers and Job Seekers with all information concerning the role or position to be filled and your requirements in relation to the individual that you would like to fill the role or position.

You agree that you are solely responsible for ensuring that the Job-Seeker is suitable for your needs and requirements and that we have not in any way verified the suitability of the Job-Seeker for your relevant vacancy.

You will include in your job advertisement on our site an estimate of the gross annual salary (permanent employee) or day/hour rate (temporary employee) for the vacancy in question. For the avoidance of doubt, this is simply an estimate and may change depending on the final gross annual salary or day/hour rate that you agree with the Job-Seeker.

Once you have agreed to hire a particular Job-Seeker for one of your vacancies, you will provide us with the details of the Job-Seeker�s gross annual salary (permanent employee) or day/hour rate (temporary employee) as soon as possible and always prior to the commencement of the Job-Seeker�s employment with you so that we can give effect to the Placement Fee Payment Structure.

We have no relationship with any Job-Seekers who are employed as temporary employees (in terms of PAYE, National Insurance or otherwise) and it is your sole responsibility to enter into contractual arrangements directly with any Job-Seeker who you employ as a temporary employee or contract for services.

For the avoidance of doubt, we will invoice monthly in advance for estimated time worked as agreed by you on successful hire of the job seeker.

In relation any hiring by you of a Job-Seeker, you agree that this has been facilitated via the use of our website unless you can demonstrate to our satisfaction that this hiring was not facilitated by the use of our website.

5. Referrer Specific Provisions

Once you are registered with us, we will provide you with the capability to put job-seekers in contact with Hirers.

In the event that a Job-Seeker is employed by a Hirer and you introduced that Job-Seeker to the Hirer for the particular vacancy, the Hirer will then pay us the Placement Fee, which will then be paid to the various parties (including you) in accordance with the Placement Fee Payment Structure.

We will pay you your proportion of the Placement Fee within (i) 8 weeks from the commencement of the Job-Seeker�s employment with a Hirer or (ii) 7 days after we have received the Placement Fee from the Hirer, whichever is the later.

For temporary placements the placement fee structure is accrued on a monthly basis, based on time worked by the job seeker. We will pay the various parties (including you) their share of the reward (as set out in the placement fee structure) on a monthly basis, as set out above.

Prior to introducing a Job-Seeker to a Hirer, you will obtain all relevant information from our website concerning the role or position to be filled and the requirements of the Hirer in relation to the individual that they would like to fill the role or position. You will then provide the Job-Seeker with this information.

You will ensure that your use of our website is fair, reasonable and not excessive. For example, and without limitation, you will not introduce excessive numbers of Job-Seekers to Hirers. We have the sole discretion to determine whether your use of our website is unfair, unreasonable and/or excessive.

You will use all reasonable endeavours to ensure that any information that you provide to a Hirer regarding a Job-Seeker and any information that you provide to a Job-Seeker regarding a particular vacancy is accurate and not misleading.

You agree that you will not contact any Hirer that is seeking to fill a vacancy with the details of any Job-Seeker other than via our website.

6. Inviter Specific Provisions

Once you are registered with us, we will provide you with the capability to invite potential Job-Seekers or Hirers to our site.

In the event that a Job-Seeker is employed by a Hirer and you invited that Job-Seeker or Hirer to our website, the Hirer will then pay us the Placement Fee, which will then be paid to the various parties (including you) in accordance with the Placement Fee Payment Structure.

You acknowledge that you will only receive a portion of the Placement Fee if you have invited the particular Job-Seeker or Hirer to our website and they have accepted this invitation by clicking on the link that is personal to you contained in your invitation email to the potential Job-Seeker or Hirer and they have then registered with our website. For the avoidance of doubt, you will not receive a portion of the Placement Fee if you have invited a particular Job-Seeker or Hirer to our website and they are either already registered with our website or have accepted an invitation to join our website from another Inviter.

In the event that you invite a Job-Seeker or Hirer to our website, you will ensure that their details are provided to us as soon as possible.

7. Placement Fee Payment Structure

Of the Placement Fee:

70% is paid to the Referrer;
10% is paid to the Job-Seeker;
2.5% is paid to the Inviter of the Job-Seeker;
2.5% is paid to the Inviter of the Hirer; and
the remaining percentage (which will be 15% or more) is paid to us.

8. Rebate Terms

In the event the Hirer or Job-Seeker notifies us that the Job-Seekers employment has been terminated within 8 weeks of the commencement of the Job-Seeker�s employment, the Hirer is entitled to a full rebate of the Placement Fee provided that (i) the Hirer has not previously employed the Job-Seeker (ii) the termination of employment was not due to redundancy and/or (iii) the Hirer was not in breach of these Terms and Conditions.

The Hirer must notify us of the termination of employment within 2 working days of the termination.

Any applicable rebate will be payable by us to the Hirer within 30 days of the Hirer notifying us of the termination of employment. For the avoidance of doubt, a Referrer, Job-Seeker or Inviter will not be paid in accordance with the Placement Fee Payment Structure until the Job-Seeker has completed 8 weeks of employment with the Hirer and this employment was not terminated during this period.

Should a Hirer employ a Job-Seeker (not using the services of our website) who was initially introduced to them by a Referrer via our website within 6 months of the initial introduction by that Referrer, the Hirer is liable to pay to us a fee based on 15% of the Job-Seeker�s annual gross salary (permanent employee) or the fee of 15% (mark up) of the Job-Seeker�s day/hour rate (temporary employee) whichever is applicable/would have been if this was done using the services of our website

9. Using Our Website and Services

You can use this website for your own personal or commercial use. We can not guarantee that the website will stay the same � we might change or remove it or make access to it subject to registration or charges.

You need to register to use the services provided on this website. When you register, you must provide us with your correct information in the fields marked with a star. You will be asked for a username and password, which are private to you. You must ensure these log-in details are kept confidential and secure. You will be responsible for any access to the website by anyone using your log-in details. We may withdraw your access to the website at any time.

You may print or download content from this website for your own personal use or copy the content to other individuals for their information provided that:

no content is modified in any way;
no graphics are used separately from accompanying text;
our copyright and trade mark notices appear in all copies and you acknowledge this website as the source of the material; and
the person to whom you providing these materials are made aware of these restrictions.

10. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

If you print off, copy or download any part of our website in breach of these Terms and Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

11. Our Liability to You

These Terms and Conditions do not exclude our liability (if any) to you for:

personal injury or death resulting from our negligence;
our fraud; or
any matter which it would be illegal for us to exclude or to attempt to exclude our liability.

We can not guarantee that this website or the services will be:

compatible with all or any hardware and software which you may use;
available all the time or at any specific time; or
accurate and up to date. However, the information we provide on this website is given for general information and interest purposes only, and you should not rely on it. We recommend that you take further advice or seek further guidance before taking any action based on the information contained on this website.

We are only liable to you for losses which you suffer as a direct result of our breach of these Terms and Conditions.

We are not responsible to you for any business losses that you may incur, including but not limited to lost data, lost profits or business interruption.

You may have other rights granted by law, and these Terms and Conditions do not affect these except if the two are inconsistent. If this is the case then these Terms and Conditions will override any other rights which you may have, unless this is not permitted by law.

12. Information About You and Your Visits to Our Website

We process information about you in accordance with our privacy policy. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.

13. Uploading Material to Our Website

Whenever you make use of a feature that allows you to upload material to our website, or to make contact with other users of our website, this content must be deemed suitable and relevant to the website.

Any material you upload to our website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.

We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our website.

We have the right to remove any material or posting you make on our site if, in our opinion, such material is not acceptable and in keeping with the content of the site.

14. Viruses, Hacking and Other Offences

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

15. Linking

We may link to other websites. When we do this, we will try and make it as clear as possible that you are leaving our website. We are not responsible for these websites in any way, and do not endorse them. You should check their Terms and Conditions and privacy policy when you visit them.

You may link to this website from another website without our consent in writing if you:

don�t create frames or any other border around the website;
comply with all relevant laws and regulations on the website or platform you are linking from; and
don�t imply that we endorse or are associated with your (or any other) website, product or service.

16. Our Contract

These Terms and Conditions deal with your access to this website and the use of our services.

Please note that we may not necessarily keep a copy of these Terms and Conditions. We advise you to print a copy of them for your information in the future.

Our contract and all communications between us will be in English.

We have the right to revise and amend these Terms and Conditions from time to time.

17. Purchasing from Us

To use the services provided on our website you must be over 18.

When you register to use the services, we will ask you to confirm that the details that you have provided are correct before you proceed. If they are not correct, you can revisit your registration and correct the mistakes before confirming. It is your responsibility to ensure that your registration is correct before submitting it to us.

18. Method of Payment

The Hirer will pay us the Placement Fee via direct debit or bank transfer (BACS/CHAPS) to the account on our invoice.

We will pay you your proportion of the Placement Fee (if any) via cheque, which will be made out to you and sent to the address you provide to us when you register. You can update your address at any time.

19. Termination

We may, at our sole discretion, terminate the contract or prevent or limit your use of the website at any time without cause.

20. Customer Services

If you have any questions about our services or our website, please consult the FAQs or email our customer services department at the address above or help@know-who.com.

21. Disputes

If you have any complaint about this website or the services we provide, you should contact our customer services department at help@know-who.com and we will try and resolve it as soon as possible.

22. General

Nothing in these Terms and Conditions shall create, or be deemed to create a partnership or joint venture or relationship of employer and employee or principal and agent between the parties.

The rights and remedies of either party in respect of these Terms and Conditions shall not be diminished, waived or extinguished by the granting of any indulgence, forbearance or extension of time granted by such party to the other nor by any failure of, or delay by the said party in ascertaining or exercising any such rights or remedies. The waiver by either party of any breach of these Terms and Conditions shall not prevent the subsequent enforcement of that breach and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.

If at any time any one or more of these Terms and Conditions (or any sub-condition or paragraph or any part of one or more of these Terms and Conditions) is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from the Terms and Conditions and the validity and/or enforceability of the remaining provisions of the Terms and Conditions shall not in any way be affected or impaired as a result of that omission.

These Terms and Conditions set out the entire agreement and understanding between the parties in connection with the use of our website and shall supersede and replace all documentation previously issued by us.

All parties shall each keep confidential and shall not, without the prior written consent of the other, disclose to any third party or otherwise make public any confidential or sensitive information of the other party.

The parties to these Terms and Conditions do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to them.

You are not entitled to assign, charge, subcontract or transfer these Terms and Conditions or any part of them without our prior written consent.

These Terms and Conditions and any dispute or claim arising out of or in connection with them shall be governed by and be construed in all respects in accordance with English law and all disputes or claims arising out of or relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts to which the parties irrevocably submit.

KNOW-WHO PRIVACY POLICY

Please read this policy carefully as it sets out how we use your personal information. If you have any questions about this policy or do not agree with it, please contact our customer services department at help@know-who.com before using this website.

We may change this policy from time to time by updating this page. You should check this page from time to time to ensure you are happy with any changes.

1. What Information Do We Collect?

It is possible to use some aspects of this website without giving us any information and we don�t know who you are. If you are one of our anonymous visitors, please bear in mind that we may still:

record the areas of the website which you visit; and
collect information about your computer, such as which browser you are using, your network location, the type of connection you are using (e.g. broadband, ADSL etc).

We do this by using cookies (see paragraph 10 below), but we can�t tell who you are.

However, additional services are available if you register to use the website. In this case, once you register and log in, we will know who you are, your activities on the website and information about your computer may be linked on our systems to you.

Whenever you register with us or log in to our website we collect your personal data and you will see the padlock symbol. Elsewhere on the website where you may disclose your personal data you will not see the padlock symbol so you should take care before providing any personal data on these parts of our website. The types of data we may request are:

contact information - your name, address, postcode and other contact information including email address and telephone/mobile number;
general information about you - your personal or professional interests, experiences with our products and services or other products and services and your contact preferences; and
information related to our services, including information contained on a Job-Seeker�s curriculum vitae and information to enable you to receive or make payments in accordance with our Terms and Conditions.

Some information is required information and you�ll see that indicated by a star (*), but other information is optional and if you don�t want to give it to us, don�t worry. But it will help us to improve our products and services if you do, so we�d be very grateful if you did.

We may also retain copies of any correspondence you send us, or any materials you post on the website, and we will certainly keep details relating to the use of our services.

Further, we may need to verify your email address and registration details in the future if we suspect any misuse of our website or fraudulent behaviour.

2. Our Use of the Information We Collect?

We use this information for all sorts of reasons.

The main reason we use this information is to provide you with the website and our services (whether available via the website or offline). We also use the information for:

internal record keeping;
product development;
answering your queries;
contacting you for market research and marketing (for more on this see paragraphs 3 and 4 below).

We may contact you by e-mail, phone, or mail, unless you have registered with the appropriate Preference Service or opted for us not to do so.

3. Direct Marketing

We would like to provide you with information about new products, promotions, special offers and other information which we think you may find interesting. We may send you such information by mail or telephone unless you have registered with the appropriate Preference Service or have asked us not to.

We may aggregate anonymised information based on your personal information and disclose this to advertisers and other third parties.

If at any time you do not want your information used for direct marketing purposes please contact our data protection compliance officer at suite 114, 50 Westminster Bridge Road, London SE1 7QY

4. Email Marketing

We would also like to provide you with the information above by email. However, we appreciate that email "spam" is a problem.

If you are a customer or you have previously asked us for information on our services, we may send you information on our range of services by email, unless you have asked us not to do so.

If the reason you have given us personal information is to receive email information from us, we will continue to provide this information by email unless you ask us not to do so.

Otherwise, when you provide us with personal information, we will ask you whether or not you are happy for us to send you this kind of information by email.

If you decide at any time that you no longer wish to receive marketing emails from us, please contact our data protection compliance officer at suite 114, 50 Westminster Bridge Road, London SE1 7QY. We will always give you an opportunity to unsubscribe from receiving any marketing from us in each communication we send to you.

The nature of the services we provide on our website are such that other users of the site may be able to send you emails via our website recommending you for jobs, recommending potential employees to you or to invite you to register and use the services on our website. We are not able to control the actions of other users and therefore we accept no responsibility for any actions of other users in making use of this email facility on our website.

5. Who Do We Share this Information With?

We may share your personal information with companies performing services on our behalf (such as direct marketing agents or courier services) who will only use the information to provide that service. We may also share your personal information with other members of our corporate group, or a purchaser or potential purchaser of our business.

In some circumstances, we may have to disclose your personal information by law, because a court or the police or other law enforcement agency has asked us for it.

We may send your personal information to other countries, whose data protection laws may not be as extensive as in the European Economic Area. However, we have taken appropriate steps to ensure the same level of protection for the processing carried out in these countries as within the European Economic Area.

We may also sell your personal information to certain third parties who may want to make use of your personal information for certain purposes, including without limitation to send you marketing material relating to their business or services.

6. Your Rights

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to our data protection compliance officer at suite 114, 50 Westminster Bridge Road, London SE1 7QY.

If you think any information we have about you is incorrect or incomplete, please write or e-mail us as soon as possible. We will correct or update any information as soon as possible.

7. Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect on line.

8. Blogs

You should be aware that if you put personal data on a blog or any area of our website that is available to the public or other users, we cannot guarantee how this information will be used by third parties and you should be cautious when providing this personal data.

9. Linking

We may link to other websites which are not within our control. Once you have left our website, we cannot be responsible for the protection and privacy of any information which you provide. You should exercise caution and look at the privacy statement applicable to the website in question.

10. Cookies

We use cookies on the website.

Cookies are files that store information on your hard drive or browser that means that our website can recognise that you have visited our website before. They make it easier for you to maintain your preferences on the website, and by seeing how you use the website, we can tailor the website around your preferences and measure usability of the website

You can, should you choose, disable the cookies from your browser and delete all cookies currently stored on your computer. On Microsoft Internet Explorer, this can be done by selecting "Tools/Internet Options" and reviewing your privacy settings or selecting "delete cookies". [This may prevent you from taking full advantage of the website.] You can find out how to do this for your particular browser by clicking "help" on your browser's menu or by visiting http://www.allaboutcookies.org/manage-cookies/index.html. [No information obtained from the cookie will be used by us for marketing purposes.]