Effective: 23 January 2020
Last updated: 23 January 2020
Information about us
CareerEar is a website application owned and operated by Career Ear Limited (“We” or “Us”). We are registered in England and Wales under company number 11479497 and our registered office is at International House, Canterbury Crescent, London, England, SW9 7QD.
Use of the Service
You may use the Service only if you can form a binding contract with Us, and only in compliance with these Terms and all applicable laws, rules and regulations of England & Wales. You must provide us accurate information, including your real name, when you create your account on the Service.
The Service is made available free of charge.
We do not guarantee that the Service or any content on it, will always be available or be uninterrupted. Use of the Service is permitted on a temporary basis.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We will not be liable to you if for any reason the Service is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Service.
The Service is directed to people residing in the United Kingdom. We do not represent that content available on or through the Service is appropriate or available in other locations. We may limit the availability of the Service or any other service or product described on the Service or by us in any form to any person or geographic area at any time. If you choose to access the Service from outside the United Kingdom, you do so at your own risk.
Your Account and Password
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account. We will not be liable for any loss or damage arising from your failure to comply with this instruction.
We have the right to disable any account, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
"Content" means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.
Your Licence to Career Ear Limited
By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicence) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this licence includes the right for other users of the Service to modify your Content, and for Us to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Us or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
Additionally, by uploading content to the Service, you warrant, represent and agree that you have the right to grant Us the licence described above. You also represent, warrant and agree that you have not and will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (f) contains other people's private or personally identifiable information without their express consent and permission, and/or (g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. We reserve the right in our discretion to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
Career Ear Limited’s Licences to You
Subject to these Terms, We give you a worldwide, royalty-free, non-assignable and non-exclusive licence to re-post any of the Content on the Service anywhere on the rest of the web provided that the user who created the content has not explicitly marked the content as not for reproduction, and provided that you: (a) do not modify the Content; (b) attribute CareerEar by name in readable text and with a human and machine-followable link (an HTML <a> anchor tag) linking back to the page displaying the original source of the content on, on every page that contains Career Ear Limited content or, where this is not possible, to our main website (www.careerear.co.uk); (c) upon request, either by Us or a user, remove the user's name from Content which the user has subsequently made anonymous; (d) upon request, either by Us or by a user who contributed to the Content, make a reasonable effort to update a particular piece of Content to the latest version found on the Service or www.careerear.co.uk; and (e) upon request, either by Us or by a user who contributed to the Content, make a reasonable attempt to delete Content that has been deleted or marked as not for reproduction on the Service or main website.
You may only use the attribution required by this Section in the manner set out above. In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by Us or any of CareerEar’s users of you or your use of the work, without the separate, express prior written permission of Us or the CareerEar user.
If you operate a search engine or robot, or you republish a significant fraction of all CareerEar Content (as we may determine in our reasonable discretion), you must additionally follow these rules:
You must use a descriptive user agent header.
You must follow robots.txt at all times.
You must make it clear how to contact you, either in your user agent string or on your website if you have one.
Subject to these Terms, We give you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive licence to use the Service as it is provided to you by Us.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or answers posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will We be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third-party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. We will not be responsible or liable for any use of your Content by Us in accordance with these Terms.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Us, our users and the public.
You must not do any of the following while accessing or using the Service: (i) use the Service for any unlawful purposes or for promotion of illegal activities; (ii) upload or post any Content (as defined above) in violation of the provisions contained in the "Your Licence to Career Ear Limited" section of these Terms; (iii) use the Service for the purpose of spamming anyone; (iv) access or tamper with non-public areas of the Service, Career Ear Limited computer systems, or the technical delivery systems of Career Ear Limited’s providers; (v) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (vi) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Us (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of Us except as permitted by these Terms is expressly prohibited); (vii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (viii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
We do not guarantee that the Service will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, device or other computer platforms in order to access the Service. You should use your own virus protection software.
You must not misuse the Service 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 the Service, the server on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service 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 the Service will cease immediately.
We may make available one or more APIs for interacting with the Service. Your use of any of Career Ear Limited API is subject to these terms and Career Ear Limited API Rules, which will be posted before we make these APIs available (as part of these Terms).
All rights, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Us. The Service is protected by copyright, trademark, and other laws of England and Wales. Except as expressly provided herein, nothing in the Terms gives you a right to use the CareerEar name or any of the Career Ear Limited trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by Us on the Service are subject to change. In consideration for Us granting you access to and use of the Service, you agree that We and our third-party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
We respect the intellectual property rights of others and expect users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, We will also terminate a user's account if the user is determined to be a repeat infringer.
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of our liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content on it, whether express or implied.
We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, the Service; or
use of or reliance on any content displayed on the Service.
If you are a business user, please note that in particular, we will not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user, please note that we only provide the Service for domestic and private use. You agree not to use the Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any content on it, or on any website linked to it.
You also agree that We have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service.
We assume no responsibility for the content of websites linked on the Service. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
If you are a consumer, please note that these Terms, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
These Terms are the entire and exclusive agreement between Us and you regarding the Service (excluding any services for which you have a separate agreement with Us that is explicitly in addition to or in place of these Terms), and these Terms supersede and replace any prior agreements between Us and you regarding the Service.
The failure of Us to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). If the revision, in our sole discretion, is material we will notify you via posting to our website or e-mail to the email associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
The Service is operated and provided by Career Ear Limited, International House, Canterbury Crescent, London SW9 7QD.
If you have questions about these Terms, please contact us - email@example.com
Background and Definitions
1. Career Ear Limited also known as CareerEar (We/Us) is committed to protecting and respecting your privacy.
2.1 Career Ear website application software (App) whether available on our site or hosted on any server or any mobile application platform (App Site).
2.2. Any of the services (Services) accessible through the App that are available on the App Site or other sites of ours (Services Sites) including but not limited to our newsletters.
3. This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
4. Career Ear Limited is a registered for data protection with the UK Information Commissioner’s Office under registration number ZA692231 and observes the rules of the Data Protection Act 1998.
5. We are the Controller in respect of your personal data for the purposes of applicable data protection laws (including the EU General Data Protection Regulation 2016/679 – “GDPR”).
6. Our full name: Career Ear Limited (registered in England and Wales under company number 11479497).
7. Our contact details: firstname.lastname@example.org
8. This Privacy Notice was last updated on 4 March 2020.
9. We are collecting your personal data for the following purpose(s):
9.1 To communicate with you on anything related to the App and to ensure that you can use the App;
9.2 To better understand your experience of the App and how it can be improved;
9.3 To communicate with you on anything related to Us (this is usually in the form of our newsletter but from time to time will involve other e-mail communications (e.g. if we want to reach out for your support to vote for us in an award or if we have a fantastic opportunity to share with you that cannot wait until our newsletter comes out));
9.4 To invite you to events and provide you with other opportunities and information relating to us and our associated services;
9.5 To provide you with relevant curated content in line with our purpose to help our users to achieve their career aspirations;
9.6 Direct Marketing - We may make use of the personal data We have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
10. We do not disclose information about identifiable individuals to our advertisers, but We may provide them with anonymous aggregate information about our users (for example, We may inform them that 200 men aged under 25 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW4).
11. We may collect and process the following data about you:
11.1 Information you give us (Submitted information): You may give us information about you by filling in forms on the App Site and the Services Sites (together Our Sites), or by corresponding with us (for example, by e-mail or chat). This includes information you provide when you register to use the App or App Site, subscribe to any of our Services, search for an App or Service, share data via an App's social media functions, enter a competition, promotion or survey, and/or when you report a problem with an App, our Services, or any of our Sites. The information you give us may include your name, address, e-mail address and phone number, the Device's phone number, age, username, password and other registration information, financial and credit card information, personal description and photographs.
11.2 Information we collect about you and your device. Each time you visit one of our Sites or use one of our Apps we may automatically collect the following information:
11.2.1 technical information, including the type of mobile device you use, a unique device identifier (for example, your Device's IMEI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use and time zone setting (Device Information);
11.2.2 details of your use of any of our Apps or your visits to any of Our Sites including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access (Log Information).
11.3 Information we receive from other sources (Third Party Information). We are working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
11.4 If you contact us, we may keep a record of that correspondence.
12. The legal basis for processing your personal data:
12.1 by signing up to any of the Services, you give us your explicit consent to the processing of your personal data for one or more specific purposes;
12.2 processing may be necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract; and/or
12.3 processing is necessary for the purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data.
13. The legitimate interest referred to in paragraph 12.3 above is to ensure that you can use the App and other Services, that we are able to operate in accordance with our purpose (i.e. supporting people with career aspirations, particularly those from underrepresented groups), and that we understand you so that we can provide you with opportunities, personalise your experience and measure our impact.
14. The recipients or categories of recipients of your personal data may include:
14.1 any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.
14.2 disclosure of your personal information to third parties:
14.2.1 In the event that We sell or buy any business or assets, in which case We may disclose your personal data to the prospective seller or buyer of such business or assets.
14.2.2 If Career Ear Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
14.2.3 If We are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.
14.2.4 In order to:
b) protect the rights, property or safety of Career Ear Limited our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
14.3 We may collect and store personal data on your Device using application data caches and browser web storage (including HTML 5) and other technology.
15. Where We have given you (or where you have chosen) a password that enables you to access certain parts of Our Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
16. Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, We cannot guarantee the security of your data transmitted to Our Sites; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access.
16.1 When using the App and interacting with other users, please ensure that you do not submit any personal data that you do not want to be seen, collected or used by other users of the App or App Site.
17. If we intend to transfer your personal data outside of the European Economic Area, it is to the US (due to where our clouds and servers are based) which is subject to a finding of adequacy by the European Commission or to Cameroon (which is where our lead developer is based) and standard data protection clauses have been put in place.
18. The personal data will be stored for as long as you retain your account or until such time as you opt out of our newsletter whichever is the later. If either of those steps are taken (as the last step of your relationship with Us), we will endeavour to delete all information that we hold within 90 days of that step being taken.
19. You have the right to request from us access to and rectification or erasure of personal data or to restriction of processing concerning you or to object to our processing of the data as well as the right to data portability.
20. If we are relying on your consent to process data, you may withdraw your consent at any time by notice to us.
22. For more information on the usage of cookies by Google Analytics please see the Google website. A link to the privacy advice for this product is provided here for your convenience - http://www.google.com/analytics/learn/privacy.html
23. You have the right to complain to the Information Commissioner's Office about the manner in which or otherwise in respect of the manner in which we process your personal data.
24. Your provision of personal data to us is not a contractual or legal requirement. If you do not supply your personal data to us, then we cannot continue to send you our fantastic newsletter and other communications and/or you will not be able to use CareerEar.
25. We use automated decision-making processes, including profiling, by selecting you based on information that you have provided to us, to be invited to events or be provided with details of specific opportunities from us or our partners (without sharing your data with those specific partners).