Terms and conditions
Effective from 12th November 2021
https://topdrivers.org (the “Site”) is owned and operated by KLM-Prodriver Ltd and is registered in England and Wales under company number 9213680. Our registered office is at 107 Second Avenue, ST16 1PS, Stafford. By using the site and the services available on it you are deemed to accept these terms and conditions and any additional terms.
These Terms shall describe the following:
- Use of the Site
- What’s in these terms?
- There are other terms that may apply to you
- Employment Agencies and Employment Business Regulations 2003
- Data Protection
- Object of the agreement and scope of the Services
- Deceased User
- Term and Termination
- Change your preference
- We may make changes to the terms of these terms
- Which country’s laws apply to any disputes?
1. Use of the Site
1.1. The information and services available on the site are provided for the sole purpose of individuals looking for employment opportunities and career information. You may use, print and download information from the site for these purposes only. You may not otherwise copy, display, transmit or distribute any material from the site and if you do or if you perform any other unauthorised processing of information on the site it shall be deemed a material breach of these terms and conditions which, in the case of a Jobseeker “You” entitle us to terminate the Services immediately without prior notice. Further, we reserve the right to suspend provision of the Services to you in circumstances where we reasonably believe that you have performed any unauthorised processing of information.
1.2. All copyright, database rights and other intellectual property rights in the site and the material available on the site belongs to us or its third party suppliers. Use of the site does not give you any proprietary rights in such materials.
2. What’s in these terms?
3. There are other terms that may apply to you
3.1. This Acceptable Use Policy refers to the following additional terms, which also apply to your use of the Site:
- If you are a recruiter, our Recruiter terms and conditions, which sets out information applicable to Recruiters.
4. Employment Agencies and Employment Business Regulations 2003
Jobseekers need to be aware that this job board operates as a venue only and does not introduce or supply jobseekers to recruiters (or vice versa). This means that we do not:
- obtain confirmation of the identity of a jobseeker or that they have the experience, training, qualifications or authorisation to work in the position to be filled or that they wish to undertake the role to be filled;
- take any steps to ensure the jobseeker are aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the jobseeker to fulfil the position to be filled;
- take any steps to ensure that it would not be detrimental to the interests of the jobseeker to fulfil the position to be fulfilled;
- give any indication to recruiters whether jobseekers are unsuitable (or suitable) for any position to be filled in any circumstances;
- propose jobseekers to recruiters or provide any information about them.
- take up any references in relation to a jobseeker; or,
- make any arrangements for accommodation of jobseekers.
The Conduct of Employment Agencies and Employment Business Regulations 2003 (the “Regulations”) seek to ensure that jobseekers are only proposed by employment agencies for roles for which they are properly qualified and that recruiters are only offered jobseekers who have the appropriate levels of experience, training, qualifications and authorisation for the position to be filled. Since we are only a venue and do not propose or introduce jobseekers to recruiters or vice versa, it is recommended that, if you are a jobseeker, you undertake the steps set out in the Regulations to ensure your suitability for the role advertised.
These could include:
If you are a jobseeker; checking the identity of the recruiter and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the recruiter considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a jobseeker or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.
5. Data Protection
Our customers from all around the world can purchase and access our Search Database, the respective recruiting company might also be based outside the European Union (“EU”) or the European Economic Area (“EEA”), so that access and disclosure can also occur from and to such third countries. Even though some of those countries may have a lower legal level of data protection, the respective recruiting company located outside of the EU and/or the EEA will only have access to your personal data through our databases which are located within the EU. We will always endeavour to handle your information in accordance with data protection laws.
6. Object of the agreement and scope of the Services
We offer a variety of career services via the Platforms. We want to be your lifelong career assistant. If your life perspective changes, or you are developing or reaching for new goals, we offer the right career support.
You can use certain Services without registration. The registration of a “Jobs by email” or an account will offer you additional functionalities and Services. To provide you with the specific Services under registration, we will store the date of your last activity at the Platforms (“Last Activity Date”), which can include the date of your registration, and last use of Services like applying for a job.
6.1. Your Account
Certain Services will only be available as part of an account on the Site.
If you enter into an agreement for an account, you can use additional Services as described hereinafter. You can register for an account as described below.
6.1.1. Should you wish to create an account with us, you must provide a valid email address and a password which we will store to perform our obligation under this Agreement (or use Google). After we have received your registration application to create an account, we will confirm the receipt of such application with a message to the email address provided by you. The Agreement for your account between you and us will come into effect when we activate your account. The Agreement for your account between you and us will come into effect when we activate your account.
6.1.2. The completion of the registration by you only constitutes an offer to enter into a contract. We reserve the right to accept or decline the conclusion of the contract in its own discretion. There is no right to claim a conclusion of contract.
6.1.3. You must provide the requested information and data completely and truthfully. You are responsible to keep your contact data (especially your email-address) up to date and to secure that you can be contacted under the address provided and that the email-address is not transferred to another person. Should any of the provided data change, you must adjust and correct the data immediately. In the event of incomplete or false information provided by you, we shall have the right, to block your account and the access to our Platform temporarily or permanently and/or terminate in accordance with clause 8.
6.2. Your Profile
You can create a profile (“Profile”) within your account, which will consist of various CV related pieces of information, your job preferences as well as attachments provided by you. It will also keep a record of your activity on our Platforms. You have a number of options when deciding how much of this information recruiters can see. The default when you sign up is for recruiters to be able to see your profile. This includes your CV and your “Last Active” date (see below for more information on this). You can change the visibility of your profile at any time – here.
We will also share your application history (jobs you have applied for and when you applied for them) unless you tell us not to. You can change this at any time.
You can use your Profile to apply to job advertisements that are published on the websites or apps. The respective recruiting company will then have access to your Profile even if it is not generally available and will be able to see the data you provided. However they will not be able to see your application history if you have chosen not to share this. We will also use the data you have provided as part of your Profile to provide you with job ad recommendations tailored to your needs based on your Profile data. To provide you with the specific Services under the Profile, we will store the date of your last activity on our Platforms (“Last Active” date), which will be the date you most recently updated your profile or CV or the date you last applied for jobs using the Services.
As part of an active and public Profile we may also provide a link to a profile about you on a publicly available business related social media website we have found about you to CV Database search users. Such access to CV Database can also be provided through browser plugins or other software that we or our group companies offer and which will allow our recruiters to access your CV if they visit certain social media websites.
If you choose to create a Profile with us, then we will keep your CV on file until you ask us to delete your account from our Database.
We do not warrant or guarantee a minimum volume of storage capacity for your Profile. We reserve the right to temporarily or permanently restrict the data volume for uploads of data, especially if necessary due to technical reasons, for example in order to maintain or optimise the Service.
We do not guarantee that you will be offered a job by the recruiter. The decision to recruit or hire a candidate solely lies with the recruiter. We recommend that you check regularly that your profile, including your CV and other details, are accurate and update to date so recruiter to determine whether you are a suitable candidate or not.
6.4. Login to your Profile
Please ensure that the Services under your account are only used by you. You shall keep access data and passwords in strict confidence. You are responsible for any and all use of access data and passwords and all actions, which occur in context with the use of your account. If any unauthorised third party had actual or hypothetical access to your login details (email-address in combination with the password), you shall immediately inform Totaljobs and change any relevant password as soon as possible.
Authentication by entering a password can in some cases also be skipped, if you click on the link provided in a notification to you (“soft-login”) and gives you the option of limited access to your account without prior login. When you have entered your details to login to your Profile and tick the box ‘keep me signed in,’ we create a soft login cookie that keeps you soft logged in for 365 days. This will only work for the device and browser you are using. If you log out at any time, these cookies will be removed. To confirm, if you login without ticking the box ‘keep me signed in’ then your login will only last for one session.
6.5. Social Accounts
You may use your social media accounts to create and/or sign into your account. Once you have created an account using your social media account, if you would like to remove access you will need to login to the said social media account you had used to remove access i.e., for Google users you will need to log into your Google account in order to remove access.
We can also create an account with the details you had provided by using your Apple, Facebook or Google account (“social Accounts”) to create a local Totaljobs account. In order to retrieve this account, you will need to set a password by following the ‘forgotten password’ process. Once we have created you a local Totaljobs account, you will no longer need to use your Social Accounts for logging in. If you register using your Social Accounts on the mobile App, you cannot login the same way on the web unless you register using the same username and password or your Google details for us to match the accounts for you.
6.6. Mobile App
You can register and/or create an account by using our mobile app. This means you can use your login credentials on both platforms. If you register on our website(s) and then wish to log in through our apps, by entering your email address, we will recognise that you already have an account and send an email which contains a link for you to confirm your identity. You will need to click on the link in order to log into your profile without needing to enter a password. The link will only exist within the app.
6.7. Application History
Within your account we store your applications to job listings that were published on the Platforms for two months in a history that can be accessed via your account. Information from such applications can be used to prefill fields if you create a Profile in accordance with clause 7.5.
6.8. Application Scoring
We use an algorithm which compares certain factors from the job listing the recruiter had posted and the CV which you had submitted with the application to provide you with a score based on how well you fulfil the job listing requirements. The score, in the form of a categorisation as “top match” or “great match” is passed to recruiters who may if they wish would use the score to help them prioritise applicants, including by having arranged by best match.
The comparison is mainly focused on your skills and job titles and there does not have to be an exact match as different titles may have the same meaning in practice which the algorithm will consider. The score is only visible to the recruiters and for the specific job you had applied for, if you wish to not want the CV to be scored, you may delete or edit the CV under your profile area.
6.9. Candidate Recommender
If your profile is searchable, we may recommend you to a recruiter for a particular job vacancy that matches your criteria. When you set your profile and/or account to searchable, you consent to recruiters viewing, accessing and receiving details of your profile. You may change your details, settings and/or update your CV or skills within your account area.
This matching will be based on a profile of the job specifications you have interacted with recently. This processing is necessary in order for us to perform our contract with you. You will be able to control the type of personal data about you which will be displayed in this way through your “Your Account” page of the website.
We will collect and use Profile, Technical and Usage Data for data analytics purposes to improve the Website, products/services, marketing, user/Recruiters relationships and experience. This involves building a profile of your interests based on the job specifications you have interacted with in the past 45 days. This is necessary for our legitimate interest to ensure that website content is presented in an effective manner for you and for your computer/device.
6.10. CV Search
By registering for our Services and if you upload your CV, parts of your CV and Profile information will be visible on the Platform to Recruiters and we may also suggest your Profile to Recruiters if you have set your profile as searchable. For further information on user profiles, please see paragraph ‘Your Profile.’ We analyse your CV and recognise entities such as keywords for example, job titles, companies, location, skills and create search content for recruiters to be able to find your profile.. Such information will also be used to create a filter and relevancy tab.
6.11. Communications by other means
6.11.1. Job alerts
You can subscribe to job alerts by text message and/or email through our Platforms. That means you will then regularly receive job alerts about listings which match your criteria. You can create job alerts manually which match a profile that has been defined by you in advance. If you also register or have registered an account, you can manage the job alerts described below in clause 7.2.
(a) Jobs by Email
You can also use our virtual assistant to help you set up personalised job alerts. The site will ask you a series of question to tailor our job recommendations to your requirements. You’ll need an account with us to receive these. If you don’t have one already, the site will ask you for your email address and create one for you. If you already have an account, the site will update your preferences to reflect your responses.
You can update your preferences at any time in your account which can be found here under “My job alerts”. If you decide you no longer want to receive job alerts, you can stop them by updating your preferences, or by clicking on the unsubscribe link that we include in each job alert.
To facilitate your ease of use of the Site across multiple devices, Job Alerts by email include a personalised link which will recognise you when you visit the Site by clicking on a link in the email. This makes it easy for you to apply for jobs as your name, email address, and link to your last used CV will automatically be populated in the job application form. As Job Alert emails are personalised to you, it is important that you do not share these email links with other people or post them on social media. You are responsible for maintaining the security of these personal Job Alert email links. Sharing personalised Job Alerts could result in a somebody inadvertently applying for a job in your name.
(b) Jobs by Instant Message (this service is not yet ready for public use)
If you submit a job application through the Site, you may receive a pop-up asking you if you’d like to receive ‘jobs by text’. If you enter your contact number and agree, our virtual assistant Mya may send you an instant message to ask if you are interested in job recommendations that match your profile.
At the start of the conversation Mya will provide you with an option to unsubscribe from Mya specific instant messages completely
You may respond to the Instant Messages by using standard language such as “stop,” “unsubscribe,” and/or “cancel” to prevent receiving further messages.
If you choose to ignore the instant messages without opting out, Mya will try to re-engage with you after a short time has elapsed but will only try to do this once.
If you respond “no” to the job recommendation, We will ask you to provide feedback through a series of questions so we can improve our service. You don’t have to respond to these questions, but we’d appreciate it if you do.
(c) Recommended Jobs
As mentioned above, you can receive jobs by instant message and jobs by email when you register your profile and have given your consent to receive such materials. We attempt to match you to roles which are appropriate or of interest to you. This is conducted by a combination of your explicit profile data i.e. profile info, parsed CV, preferred disciplines and implicit/ behavioural data i..e what you had searched for, which job listings you had viewed and applied for, how frequently you interact on our platform and so forth. We are continuously trying to improve how to best match your profiles to suitable roles.
6.11.2. Dormant Emails
If you have an account but you have been inactive for a predetermined period, we may email you to check whether you are still looking for work. This will not occur if you have unsubscribed to receive emails from us. As part of your lifelong career assistant, we like to be kept up to date with your status quo.
6.11.3. Video Interview Service
Recruiters may invite you to use a video interview service where they send a link to your email address requesting you to pre-record a set of answers to the questions provided. This will only occur if you have explicitly applied for the job vacancy by completing the application form.
Video recordings are under the control of the recruiter. We cannot guarantee any protection for any information or data that you may share with the recruiter whilst participating in a virtual interview or a pre-recorded session. If you have any queries about video recordings, you must send them directly to the recruiter. You acknowledge and agree that any data or images that you transmit to the recruiter are not our responsibility and We will not be liable for any use or misuse of data shared or transmitted through the use of virtual interview to the recruiter.
6.12. Customer Review
6.12.1 We may give you the opportunity to create content through certain Services and to send this content to us which then can be published on the websites. Subject to clause 2.2, the content is defined as providing us with a review of a company that you have either been associated with in the time of employment or had a business relationship with.
6.12.2 You shall not act illegally in the context of using our Services and/or violate any appliable law, particularly you shall not provide us with any content, that:
(a) is harassing, offensive, disparaging or discriminative because of gender, race, religion or beliefs, or state or spread untrue facts about a company, a natural or legal person; ;
(b) violates the rights of third parties and, especially copyright laws;, personality rights or other property laws;
(c) is confidential, e.g. includes business secrets;
6.12.3 By sending the created content, you grant to us an unlimited, irrevocable as well as exclusive and transferable right of use of the transmitted content. We are entitled to any use and exploitation of the content.
6.13. License and Content
7. Deceased User
In the event of the death of user, a person authorised to act on behalf of the estate, or a verified immediate family member of the deceased can request to have the deceased user’s account removed. We will require additional documentation for this request in order to avoid unauthorised and false reports. Be assured that the requested information will remain confidential and will be deleted once we have reviewed it.
8. Term and Termination
8.1.The agreement with you regarding your user account and the services provided under these terms is for a fixed term unless you voluntarily request us to delete your account. Either party may terminate this Agreement with immediate effect and without cause.
9. Change your preference
9.1.In order to change your settings on the type of materials, emails, content and/or notifications you would like to receive from us is located within your account area. You will need to login to your account and click on ‘my account’ to find a list of options that you can control. We provide you with the discretion to change your preferences to receive job alerts, the type of materials you would like to receive or even opt-out if you wish to do so.
10. We may make changes to the terms of these terms
10.1. We amend these Jobseeker Terms from time to time. Every time you wish to use the Site, please check these Jobseeker Terms to ensure you understand the terms that apply at that time.
Please view the “Effective from” date at the top of these terms to see when it was last revised.
11. Which country’s laws apply to any disputes?
11.1 These Jobseeker Terms, their subject matter and its formation are governed by English law. You and We both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
To contact us, please fill out our Contact us form.