You (the “User”) are invited to read these Legal Terms and Conditions (“Legal Terms”). By accessing and using the services available on www.applogicconsulting.com (“the Website”), you agree to be bound by these Legal Terms as if you had signed them. In case of disagreement with these Legal Terms, do not access or use this Website.
You hereby acknowledge and agree as follows:
APPLOGIC is the owner of the Website accessible at www.applogicconsulting.com
These Legal Terms defines the contractual agreement between APPLOGIC and each user accessing and/or using the Website.
RIGHT OF USE
APPLOGIC grants to the User a worldwide non-exclusive and non-transferable right of use of the Website for the duration of the Legal Terms.
The User has the right to download, view, copy and print any Website elements for its own and private use only. User may not modify, transfer, sell, reproduce, broadcast, sub-license or publish any of the Website elements.
No license and no right other than the right of site viewing is granted to any person in respect of intellectual property rights. Reproduction of Website elements is authorized solely for informative purposes and for personal private use; any use of the Website for other purposes is expressly forbidden.
All corporate names, logos and trademarks mentioned on the Website belong to APPLOGIC. They may not be used without the prior agreement of APPLOGIC.
The User who provides information to APPLOGIC authorizes the latter to make use thereof as it deems fit. The information provided by Users will be considered as non-confidential and must respect the conditions set forth in article 5.
Accordingly, the User grants for the duration of the Legal Terms to APPLOGIC a non-exclusive and non-transferable worldwide right the right to reproduce, digitally represent and publish the elements remitted to APPLOGIC and giving rise to intellectual property rights as well as all distinctive signs such as trademarks and logos.
These Legal Terms and their future amendments shall remain valid as long as they remain on the Website.
The Website is available 24 hours a day, 7 days a week.
APPLOGIC may perform all modifications of the Website services it deems necessary and any use of the Website by the Users after said modifications will be considered as an acceptance by the User of the modified services available on the Website.
APPLOGIC reserves the right to occasionally interrupt the Website services without justification or to suspend as a matter of right and for any reason whatsoever, at any time without prior notice, access for its Users to the Website and its services. APPLOGIC disclaims any liability for the possible consequences of such interruptions or suspensions.
PROVISION OF DATA BY USERS
The User warrants that the information, data and any other elements that may be provided by it on the Website are true, accurate, current, complete and decent. User further warrants that it is authorized to provide such information, data and elements and that said data, information and elements provided on the Website are not subject to any third-party rights and, in particular, are not infringing upon any third-party pre-existing right. Should it be the case the User shall indemnify and hold APPLOGIC harmless from any claim’s complaints, objections, and oppositions arising from and in relation to such infringement.
The User also warrants APPLOGIC against any actionable tort claim from all persons relating to the erroneous nature or deceitful information posted on the Website under its responsibility.
The User is precluded from using the Website and functionalities for unintended use or placing a virus on the Website through documents or programs or in any manner whatsoever that may damage, interfere with or copy any software, data or information of the Website.
The Website is provided by APPLOGIC on an «as is» basis. APPLOGIC makes no warranties whatsoever and disclaims all warranties express or implied including without limitation warranties of merchantability, title or fitness for any particular purpose, non-infringement, compatibility, security and accuracy.
In no event shall APPLOGIC be liable to any User or to any third party under any applicable law, for any damage of any kind such as but not limited to any indirect and/or consequential damages, incidental or special damages including loss of data, loss of contract, loss or prejudice to the business reputation either arising from any User’s act or resulting of a defective performance of the service supplied by the Website, any commercial disorder of any kind, as well as for any financial loss including loss of profits, loss of turnover, regardless of the form of action or legal theory under which the liability may be asserted.
APPLOGIC, its information suppliers and service suppliers (and in particular its hosting services provider) shall not be held liable for the broadcasting of any erroneous information or for any delay or failure in the broadcasting of any information on the Website or for any temporary interruption of the Website service due to the necessary technical intervention including, without limitation, the intervention of a telecommunications operator, for any delays in services due directly or indirectly to electronic or mechanical failures, telecom or interconnections problems which would affect Website Users .
APPLOGIC, its information suppliers and service suppliers (and in particular its hosting services provider) shall not be liable for damaging consequences resulting from irregular or fraudulent use of the Website offered services nor for damaging consequences resulting from an unauthorized third party.
User waives any right to make any claim against APPLOGIC for any damage, costs, expenses and the like based on any misunderstanding or lack of knowledge arising out of any of the legal terms or the use of the Website functionalities.
The provisions of this section shall survive any termination of these legal terms.
In addition to the provisions already stipulated under these Legal Terms, the User shall indemnify and hold APPLOGIC harmless against any actionable tort claim from all persons relating to the erroneous nature or deceitful information posted on the Website.
User agrees to indemnify and hold APPLOGIC, its officers, directors, employees, agents and representatives harmless from and against any claims, demands, suits for any liability, costs, damages, penalties and expenses brought by or on behalf of any person which arise or are likely to arise out of these Legal Terms or the User’s access or use of the Website howsoever caused.
If one or several of the provisions of the Legal Terms are held to be unenforceable or invalid or are declared as such by application of a law, regulation or a final decision of a court of competent jurisdiction, the other provisions shall remain in full force and effect.
In the case of difficulty in the interpretation of the clause headings and the contents of any of these clauses, the headings will be declared nonexistent.
The Legal Terms are governed by the laws of USA.
SETTLEMENT OF DISPUTES
All disputes arising out of or in connection with the present legal terms shall be finally settled under the rules of arbitration of the international chamber of commerce by three arbitrators appointed in accordance with the said rules.
Arbitration award shall be final and binding on the parties. Arbitration tribunal shall take place in Hyderabad, India.
APPLOGIC is committed to protecting and respecting your privacy.
This privacy notice explains how we use any personal data we collect about you.
Who are we?
APPLOGIC is a global IT and non-IT consulting, recruitment and training services provider.
Why do we collect your data?
We collect your personal data to help us find you a temporary, contract or permanent position at one of our clients.
What sort of data do we collect?
We collect information such as your name, address, e-mail address, work and education history. In other words, the information generally contained in your CV. We will only collect and store information which is relevant to finding you a position at one of our clients. Once you are placed at a client this and other relevant information such as your bank details etc. will then be then used to pay you. We will also collect compliance documentation and references verifying your qualifications and experience and your right to work in India and US.
We collect information about you when you voluntarily complete our website newsletter subscription form, competition entries or market intelligence surveys. If you have opted-in to receive future emails from us via these methods, you can opt-out or unsubscribe from them at any time by using the unsubscribe button at the bottom of the email.
We also record incoming phone calls for customer service and dispute resolution purposes. We securely hold these recordings for 60 days. The recordings are then destroyed.
Do we collect and use sensitive personal data?
Yes, we do but only in certain circumstances and only with your consent if it is sensitive data. In addition, our clients in security conscious sectors require us to collect specific additional information. In such cases we will always consult with you before forwarding these details to the client. Information they require may include, but not be restricted to:
- Drugs and alcohol results
- Address details for the last five years
- Emergency contact details
- Proof of current address/ bank statement or utility bill
- Employment references
- Personal references
- Criminal Record Declaration
- Police checks
- Credit card/ Account statements
- Security clearance evidence
How do we collect your data?
There are various methods we use to find the right candidates: Through your registering on our website, responding to one of our job advertisements, via a referral or through direct contact with our consultants. We may also have found your data through CV search software. This method searches publically accessible and company approved job boards where you will have placed your CV.
What do we do once we have got your data?
Wherever your data originates from, your data will only be used to find you a position with one of our clients. We will contact you every time we would like to submit your details to a client. We may use your data to send you emails with new job alerts relevant to the industry and area you work within. You can opt-out or unsubscribe from receiving these job alerts at any time by using the unsubscribe button at the bottom of the email.
What are Cookies and how do we use them?
Cookies are text files placed on your computer to collect standard internet log information and visitor behavior information. This information is used to track visitor use of our website and to complete statistical reports on website activity.
You can set your browser not to accept cookies and you can also remove cookies from your browser. However please note that some of our website features may not function as a result.
Other data collected from our website
We also collect information in the aggregate to provide us with a better understanding of the users of our website; this information does not contain personally identifiable information.
Purposes of the processing and the legal basis for the processing
We use information held about you in the following ways:
To carry out our obligations arising from any contracts we intend to enter into or have entered into between you and us and to provide you with the information, products and services that you request from us or we think will be of interest to you because it is relevant to you or to your organization.
The core service we offer to our candidates and clients is the introduction of candidates to our clients for the purpose of temporary or permanent engagement. However, our service expands to supporting businesses’ resourcing needs and strategies.
Our legal basis for the processing of personal data is our legitimate business interests, described in more detail below, although we will also rely on contract, legal obligation and consent for specific uses of data.
We will rely on contract if we are negotiating or have entered into a placement agreement with you or your organization or any other contract to provide services to you or receive services from you or your organization.
We will rely on legal obligation if we are legally required to hold information on you to fulfil our legal obligations.
We will in some circumstances rely on consent for particular uses of your data and you will be asked for your explicit consent.
Our Legitimate Business Interests
Our legitimate interests in collecting and retaining your personal data is described below
As a recruitment business we introduce candidates to clients for permanent employment, temporary worker placements or independent professional contracts. The exchange of personal data of our candidates and our client contacts is a fundamental, essential part of this process.
In order to support our candidates’ aspirations and our clients’ resourcing needs we require a database of candidate and client personal data containing historical information as well as current resourcing requirements.
To maintain, expand and develop our business we need to record the personal data of prospective candidates and client contacts.
Should we want or need to rely on consent to lawfully process your data we will request your consent by email for the specific activity we require consent for and record your response on our system. Where consent is the lawful basis for our processing you have the right to withdraw your consent to this particular processing at any time.
Do we pass your data to third parties?
Yes, we do – for example If we find you a position at a client and you are operating as a contractor our internal payroll and finance departments will then hold and process relevant elements of your data for their purposes. In addition, appropriate data will be sent to our appointed pension provider on your behalf. You may also nominate an umbrella or accountancy company to pay you. In such cases we will provide relevant data to them for payment purposes.
If you have a limited company, we may share relevant information with our preferred insurance provider with your consent. In these instances, they will review the information to ensure that limited company contractors hold valid sufficient insurances.
We will also share relevant data regarding your assignment with clients from time-to-time.
Do we transfer your data outside US and what are the safeguards?
We have clients, supported by group offices, based outside the US, therefore potentially yes if we consider you to be of interest to one of these clients. We will always seek your explicit consent to send your details outside of the US.
For our emails and surveys, we use an online survey cloud-based software tool, and an email marketing service. Both of these companies are based in the USA. Both these companies are compliant with current data protection regulations.
However, if you wish you can opt-out or unsubscribe from our surveys or emails at any time by using the unsubscribe button at the bottom of the survey email you have been sent.
How long do we keep your data?
Our retention policy is driven by the recognition that our market sectors often require experienced support for long-term projects and that engineering, technical and professional candidates are a valuable yet finite resource.
Right of Access
You can access the data we hold about you at any time. Upon your request we will send a copy of the information we hold on you free-of-charge and within one month of receipt of your request.
Right to Rectification
You can request correction of any data that we hold about you at any time. We will correct the information within one month of receipt of your request.
Right to Erasure/Right-to-be Forgotten
You can request that we remove/delete your information at any time. This includes data provided by us to third parties as previously described. However if we have previously placed you at a client then some of your information may be required to be kept for a certain period of time after your request. In these circumstances we will explain this to you.
Right to Data Portability
You can collect and re-use your data at any time.
Right to Object to Direct Marketing
You can object to direct marketing or the use of your data for the purposes of profiling or research. Note in these instances we will always offer an unsubscribe option within the email that you are sent, or you can reply to the email to say that you no longer wish to be contacted.