Welcome to the Terms of Service for WhiteHat. This is an agreement ("Agreement") between WhiteHat Group Ltd ("WhiteHat"), the owner and operator of whitehat.org.uk (the "Site") and the WhiteHat recruiting service (the Site and recruiting service collectively the "Service") and the WhiteHat training and delivery service, and you.
By accessing or using this site in any way, including using the Service, clicking on the "I accept" button, completing the registration process, and/or merely browsing the Site, you warrant and represent that you have read, understand, and agree to be bound by the agreement; If you do not agree to be bound by this agreement, you may not access or use this site or the service.
Throughout this document, the words "WhiteHat," "us," "we," and "our," refer to our company, WhiteHat Group Ltd, our Site or our Service, as is appropriate in the context of the use of the words. The term "Candidate" will refer to users of our Service who are seeking employment and/or apprenticeship opportunities through WhiteHat. The term "Employer" will refer to a company that is interested in hiring Candidates through the use of our Service. The term "you" refers to the individual or legal entity, as applicable, identified as the user when you register on the Site.
You agree to keep all information gained from using our Site confidential.
Our Service may allow you to upload photos, CVs, video profiles, personality tests, projects and other information and may allow you to message or communicate in other ways with other users through our Service. Any information that you post, transmit or submit through our Site or Service will be referred to as "Content" throughout this Agreement.
Please not that this agreement is subject to change by WhiteHat in its sole discretion at any time. When changes are made, we will make a new copy of the Agreement available at the Site. We will also update the "Last Revised" date at the top of the Agreement. If we make any material changes, and you have registered to use the Service, we will also send an e- mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately for new users of the Site or Service and will be effective thirty (30) days after posting notice of such changes on the Site for existing users, provided that any material changes shall be effective for users who have a registered account on the Site ("Registered Users") upon the earlier of thirty (30) days after posting notice of such changes on the Site or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users. WhiteHat may require you to provide consent to the updated Agreement in a specified manner before further use of the Site or the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you may stop using the Site and/or the Service. Otherwise, your continued use of the Site and/or Service constitutes your acceptance of such change(s).
WhiteHat Description of Service
WhiteHat is an online service that connects Candidates with Employers for apprenticeship opportunities. As a Candidate, you have an opportunity to create a digital profile on WhiteHat and which can be shared with potential Employers. Your application will be reviewed by the WhiteHat team for eligibility and you may be asked to participate in a screening process and an assessment centre process prior being put forward for a role.
If you receive and accept an offer of employment from an Employer you were introduced to by WhiteHat, WhiteHat will register you for your apprenticeship qualification. WhiteHat's team and coaches will work with you during your apprenticeship qualification to ensure you receive the training you need to complete your qualification.
Your use of WhiteHat is free.
In registering for an account on the Site, you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the Service registration form ("Registration Data"), and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account. If you provide any Content that is untrue, inaccurate, not current, or incomplete, or WhiteHat has reasonable grounds to suspect that such Content is untrue, inaccurate, not current or incomplete, WhiteHat has the right to suspend or terminate your account and refuse any and all current or future use of the Site and/or Service. You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree not to create an account or use the Site or Service if you have been previously removed by WhiteHat, or if you have been previously banned from the Site or Service.
In order to use WhiteHat as a Candidate you must register and create a profile. The use of the Site and the Service is free for Candidates. When registering with WhiteHat, we may require you to provide us information such as your name, e-mail address, employment history, work experience, immigration status and skill set. Information relating to National Insurance Number, Ethnicity, Passport, National ID or Visa details or Home Address will never be shared with Employers without your consent. Furthermore, you agree to provide us with any other identifying documents that we may request. We may review the information that you provide to us during the registration process and we may also review any other information about you that is publicly available. We reserve the right, in our sole discretion, to accept or reject your registration to use our Site and Service. If your registration is accepted, you will be allowed to use our Service.
Conduct of Employment Agencies and Employment Businesses Regulations 2003
WhiteHat, the Employer and the Candidate agree that for the purposes of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the "Conduct Regulations"), WhiteHat shall be an 'employment agency', the Employer shall be a 'hirer' and the Candidate shall be a 'work-seeker', as defined in the Conduct Regulations and Employment Agencies Act 1973.
By accepting the terms set out in this Agreement, the Candidate agrees to provide WhiteHat with such information as WhiteHat may reasonably request, including (without limitation) as to the identity of the Candidate and information in relation to the Candidate's experience, training, qualifications and authorisations as are necessary to undertake the work. The Candidate accepts that WhiteHat may not be able to introduce the Candidate to an Employer if any of the information requested is required and has not been provided.
You are responsible for your use of the Site and Service and for any use of the Site or Service made using your account. You agree not to access, copy, or otherwise use the Site or the Service, including our intellectual property and trade marks, except as authorised by this Agreement or as otherwise authorised in writing by WhiteHat. Remember when using WhiteHat we ask you to act reasonably and responsibly with others. Your continued access to our Site and use of our Service are contingent on your agreement to act in a proper manner. When using our Site and/or Service:
- You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated "scraping";
- You will not use any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Site or the Service in a manner that sends more request messages to WhiteHat servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that WhiteHat grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;
- You will not take any action that we determine, in our sole discretion, imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;
- You will not upload invalid data, viruses, worms or other software agents through the Site and/or Service;
- You will not access the Site or Service through any technology or means other than those provided or authorized by the Service (and access to the Site or Service through virtual private network or proxy is expressly forbidden);
- You will not sell, transfer or assign the Service, or your right to use the Service, to any third party, or offer the Service, or any content obtained from the Site or Service, on a time-sharing or other commercial basis;
- You agree to act within the bounds of common decency when using our Site;
- You agree not to stalk, harass, bully or harm another individual;
- You agree not to impersonate any person or entity, use a fictitious name, or misrepresent your affiliation with a person or entity;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to WhiteHat;
- You agree not to interfere with or disrupt the Site or Service;
- You agree not to hack, spam or phish us or other users;
- You agree to provide truthful and accurate Content;
- You will not use our Site to post any false, misleading, unlawful, defamatory, obscene, invasive, threatening, harassing, inflammatory, fraudulent, abusive or libelous;
- You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a third party's website, such as by requesting its removal from a search engine; and
- You will not upload any Content to our Site that infringes any third party intellectual property right(s).
Without prejudice to any other rights, WhiteHat may terminate your account for violating one or more of your responsibilities, for violating applicable laws, rules or regulations, any other provision in this Agreement, or for any other lawful purpose or at our discretion, with or without notice.
Digital Profile Creation Process
After a Candidate has registered on WhiteHat, he or she will be able to create a digital profile than will be made available by WhiteHat to a selection of potential employers. Candidates will be able to record a video interview, undertake personality and competency based tests and write and edit a personal statement and other personal information. Candidates can delete their profile at their request.
WhiteHat is neither a party directly or indirectly to any agreements created between an Employer and a Candidate nor is WhiteHat liable in any way whatsoever to pay costs or damages arising from such agreements whether or not WhiteHat receives some form of payment in connection with any such agreements.
WhiteHat is free for Candidates. A Candidate agrees to promptly notify WhiteHat if the Candidates(1) accepts an offer of employment (an "Employment Offer"), whether for an apprenticeship or not, (2) accepts an Employment Offer made by an Employer introduced by WhiteHat for either an apprenticeship or a non-apprenticeship linked employment during or within twelve (12) months after being introduced by WhiteHat to the Employer.
The date on which a Candidate commences work under an Employment Offer is the "Start Date".
If you are a Candidate who is using our Site and/or Service, you agree that (1) if you receive a Covered Offer, you shall promptly notify WhiteHat of your Start Date and the key terms of such Covered Offer (and notify WhiteHat promptly should that Start Date or offer terms change at any time), and (2) you will promptly notify WhiteHat after termination of your employment as an employee or apprentice ("Employment") in the event that (a) an Employer terminates your Employment based on unsatisfactory performance within the earlier of three hundred sixty-six (366) days of the date on which your Employment commenced or the end date of your Apprenticeship qualification, or (b) you voluntarily terminate your Employment within the earlier of three hundred sixty-six (366) days of the date on which your Employment commenced or the end date of your Apprenticeship qualification.
In the event that before the Start Date, either Employer or Candidate elect not to begin the employment relationship contemplated by the Covered Offer, the Candidate shall promptly notify WhiteHat.
Limitations on Liability
Through WhiteHat's Site and Service users of WhiteHat may be able to post content about third parties. Third parties have no right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any terms of the Agreement and WhiteHat is not liable to third parties for any content that has been posted or viewed on WhiteHat's Site or Service. For your convenience, the following are some important details of this Agreement that affect your rights and remedies:
- Our Site includes areas where Candidates may post content about an individual. We are not responsible for the posting of this content;
- We are not liable for any contractual obligations or any other obligations that may arise by statute or operation of law, resulting from any employment or commercial relationship, whether attempted or formalized, between Candidates and Employers;
- We are not required to or under any obligation to review, screen, edit, monitor, or remove any content posted on our Site, although we reserve the absolute right to remove, screen, or edit any content at any time and for any reason without any notice to you or any party affected;
- We take no responsibility and assume no liability for any user content that is posted, stored, uploaded, or transmitted via the Site or the Service, or for any loss or damages that may occur because of such user content including, but not limited to defamation, slander, libel, falsehoods, obscenity, or profanity;
- We take no responsibility and assume no liability for any claim, action, petition, demand for arbitration or lawsuit alleging injury or damage resulting from any use of the Site or Service, whether arising in tort or contract, law or equity;
- You agree not to hold any other user of WhiteHat liable for any negative or critical comments, except that you are not obligated to release any other user who submits content that violates any terms of this Agreement or other policies stated anywhere on our Site;
- WhiteHat is not liable under any circumstances to any user for any user content submitted, posted or transmitted by any other user, even if that content violates this Agreement or other policies stated anywhere on our Site, and WhiteHat takes no action to remove that content or terminate that user's account; and
Your ability to use or interact with the Site is a privilege, not a right, and we reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations, of this Agreement or any applicable law at our sole discretion.
Notwithstanding the financial limitations set out above, WhiteHat's aggregate liability for all claims howsoever arising out of or in connection with this agreement and/or use of the Site and/or Service (whether in contract, tort (including negligence) or otherwise) in any twelve (12) month period shall be limited to:
- In relation to a Candidate the sum of £1000 in any one twelve month period and
- In relation to an Employer a sum equal to WhiteHat's share of the success fees paid to WhiteHat by the Employer in respect of any Candidate in the same twelve month period.
Nothing in this agreement shall operate so as to exclude or limit the liability of either party to the other for death or personal injury arising out of the negligence, or afor any other liability which cannot be excluded or limited by law.
Intellectual Property Rights
The design of the Service along with all text, scripts, graphics, interactive features and the trade marks, service marks and logos contained therein ("Marks") as well as any software, executable code and interfaces comprised within or made available by or through the Service, are subject to copyright and/or other intellectual property rights that are owned by or licensed to WhiteHat under United Kingdom and foreign laws and international conventions. WhiteHat reserves all rights in and to the Service and the Site. You agree to not engage in the use, copying, or distributing of any content contained within the Site and/or Service except in accordance with the terms of this Agreement or in accordance with any other express written permission from us to you.
Licensing To WhiteHat
You hereby grant to WhiteHat and its owners, affiliates, representatives, licensors, licensees and assignees (the "WhiteHat Parties") a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to: (1) display, publicly perform, distribute, store, broadcast, transmit and reproduce your logo(s), servicemarks, trademarks and tradenames through the Site, the Service and/or any other medium currently invented or invented in the future; and (2) display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or any part of the Content and anything we may make with the Content through the Site, the Service and/or any other medium currently invented or invented in the future.
Further, you waive and agree never to assert any and all moral rights in and to all of the materials licensed in this Section 10. We reserve the right to display advertisements in connection with the Content. We are not required to host, display, or distribute any of the Content and we may refuse to accept or transmit the Content, and may remove or delete all or any portion of the Content from WhiteHat at any time. By submitting any Content to us, you hereby represent and warrant that you own all rights to the Content or, alternatively, that you have the right to give us the license described above. Finally, you represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You understand that when using the Site and/or the Service you will be exposed to content from a variety of sources, and that WhiteHat is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and that such content is not the responsibility of WhiteHat. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the WhiteHat Parties with respect thereto, and agree to indemnify and hold the WhiteHat Parties harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Disclaimer of Warranties
The Site and Service are provided to you on an "as is" basis, for your information only and subject to the restrictions and limitations set out in section 8 above. WhiteHat, to the fullest extent permitted by law, declaims all warranties, of any kind, whether express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the fullest extent permitted by law, WhiteHat excludes and limits any warranty that: (1) the Site or Service will meet your requirements; (2) your use of the Site and/or Service will be uninterrupted, time, secure or error-free; (3) the results that may be obtained from use of the Site or Service will be accurate or reliable; or (4) any errors in the Site or Service will be corrected.
You agree that you are soley responsible for all or your communications and interactions with other users of the Site and/or Service.
The provision of our service to you is contingent on your agreement with this and all other sections of this agreement. Nothing in the provisions of this section shall be construed to limit the generality of the first paragraph of this section.
You agree to defend, indemnify and hold harmless the WhiteHat Parties and their respective officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising from:
- your use of and access to the Site and Service;
- your breach of any term of this Agreement;
- your violation of any third party right, including without limitation any intellectual property, property, or privacy right;
- any amounts awarded against or required to be paid by the WhiteHat Parties resulting from a finding by a court or tribunal of competent jurisdiction that the WhiteHat Parties are employers or related employers of any Candidate, contractor or consultant employed or retained by Employer; or
- any claim that any of the Content caused damage to a third party.
This defense and indemnification obligation will survive this Agreement and your use of the Site and/or Service.
You also agree that you have a duty to defend us against such claims. You agree that this indemnity extends to requiring you to pay for our reasonable legal fees, court fees, settlements and disbursements. You agree not to settle such a claim on our behalf prior to obtaining our written consent.
Notification of Claimed Copyright or Trade Mark Infringement
We take copyright and trade mark infringement very seriously. Without liability to any user and in accordance with paragraph 19 of the Electronic Commerce (EC Directive) Regulations 2002 (SI2002/2013) and Article 14 of the E-Commerce Directive (2001/31/EC) we reserve the right to, at any time, with or without notice and in our sole discretion, terminate the account of any user and/or remove any content posted by any user that infringes intellectual property right(s) upon prompt notification to WhiteHat by the intellectual property right(s) owner or their legal representative.
Without limiting the foregoing, if you believe that any material on the Site of Service infringes your copyright and/or trade mark rights, please provide the following information to Sophie Adelman, 30 Harcourt Street, London, W1H 4HU:
(1) a description of the copyright work and/or trade mark that you claim has been infringed; (2) a description of the location on the Site or Service of the material that you claim is infringing your right(s); and (3) a description of the infringement.
Applicable Law and Jurisdiction
This Agreement shall be governed by the laws of England and Wales. Save as otherwise set out in Section 15 (Dispute Resolution) below, the English courts shall have exclusive jurisdiction over any claim arising under or in connection with this Agreement.
If you are a Candidate and are unhappy with the service which you have received from us, please contact WhiteHat at email@example.com. This does not affect your rights at law to pursue any matter before the courts. In all other circumstances, the provisions below apply.
Save as set out in the opening paragraph above, any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Agreement where the total amount of the award sought is less than three thousand British Pounds (£3,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with the Agreement. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) all arbitration proceedings shall be held in English; (3) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed to by the parties; and (4) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
Save as set out in the opening paragraph, any other dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by binding and confidential arbitration. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA"). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively "Rules and Procedures").
You are thus giving up your right to go to court to assert or defend your rights except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
You and WhiteHat must abide by the following rules: (i) any claims brought by you or WhiteHat must be brought in the parties' individual capacity (ii) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, WhiteHat will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (iii) WhiteHat also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (iv) the arbitrator shall honor claims of privilege and privacy recognised at law; (v) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for the purposes of enforcement of the arbitration award; (vi) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (vii) each side pays its own attorneys' fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.
The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by Section 8 (Limitations on Liability) of these Terms of Service. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorised to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Agreement, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by governing law.
If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
Neither party shall be responsible to the other for its failure to comply with any part of this Agreement, if this is the result of events beyond its reasonable control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, employment shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond its control (a "Force Majeure Event"), provided that the party affected gives prompt notice in writing to the other party of such Force Majeure Event and uses all reasonable endeavours to continue to perform its obligations under the Agreement. If the Force Majeure Event continues for more than one month, the party not subject to the Force Majeure Event may terminate the Agreement by notice in writing to the other party.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other's operation, WhiteHat shall have the sole right to elect which provision remains in force. Headings in this Agreement are for reference purposes only and will not be used in its construction and/or interpretation.
No failure or delay by either party in exercising any of its rights or remedies under the Agreement shall operate as a waiver of those rights or remedies. No waiver shall be effective unless in writing and shall apply only in relation to the matter in respect of which it was specifically given. No waiver of any breach of the Agreement is a waiver of any subsequent or other breach.
WhiteHat reserves the right, at its sole discretion, to pursue all off its legal remedies, including but not limited to removal of the Content from the Site (permanently or temporarily) and/or terminate any Services provided to You by WhiteHat, upon any breach by you of this Agreement, or if WhiteHat is unable to verify or authenticate any of the Content.
If you wish to terminate this Agreement, you may do so by notifying WhiteHat at any time and closing your account for the Service. Your notice should be sent in writing, in accordance with Section 21 below. Termination of the Agreement may result in the immediate removal from the Site of any Content that you have submitted to WhiteHat. WhiteHat will not have any liability whatsoever to you for any suspension or termination, including for deletion of the Content.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including but not limited to, ownership provisions, Success Fee provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our sole discretion.
Where WhiteHat requires that you provide an e-mail address, you are responsible for providing WhiteHat with your most current e-mail address. In the event that the last e-mail address you provided to WhiteHat is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, WhiteHat's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to WhiteHat at the following address: WhiteHat Group Ltd, 30 Harcourt Street, London, W1H 4HU. Such notice shall be deemed given when received by WhiteHat by letter delivered by pre-paid first-class post or other next working day delivery service at the above address.
The Agreement constitutes the entire agreement between the parties with respect to its subject matter. It replaces and extinguishes all prior agreements and discussions made by or on behalf of the parties, whether oral or written, with respect to such subject matter. Nothing in this clause shall exclude or restrict the liability of either party arising out of its pre-contract fraudulent misrepresentation or fraudulent concealment.
For the purposes of this Agreement, you (1) consent to receive communications from WhiteHat in an electronic form (whether by e-mail, through WhiteHat posting notices on the Site or Service, or communications via e-mail); and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that WhiteHat provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing.
WhiteHat Group Ltd ("We") are committed to protecting and respecting your privacy.
This policy (together with our Terms & Conditions and any other documents referred to on it) 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.
By visiting www.whitehat.org.uk you are accepting and consenting to the practices described in this policy.
For the purpose of the Data Protection Act 1998 (the Act), the data controller is WhiteHat Group Ltd, 30 Harcourt Street, London, W1H 4HU
Information we may collect
We may collect and process the following data about you:
Information you give us:
You may give us information about you by filling in forms on our site www.whitehat.org.uk (our site) or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial information, personal description and photograph, video interviews, personality test answers and results, previous employment history.
Information we collect about you:
With regard to each of your visits to our site we may automatically collect the following information:
- technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number.
Information we receive from other sources:
We may receive information about you if you use any of the other websites we operate or the other services we provide. In this case we will have informed you when we collected that data that it may be shared internally and combined with data collected on this site. We are also 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.
Uses made of the information
We use information held about you in the following ways:
Information you give to us
We will use this information:
- to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;
- to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;
- to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data (the registration form);
- to notify you about changes to our service;
- to ensure that content from our site is presented in the most effective manner for you and for your computer.
Information we collect about you
We will use this information:
- to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
Information we receive from other sources
We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).
Disclosure of your information
We may share your personal information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
We may share your information with selected third parties including:
- Business partners, suppliers and sub-contractors for the performance of any contract we enter into with them or you. This includes potential employers.
- Analytics and search engine providers that assist us in the improvement and optimisation of our site.
We may disclose your personal information to third parties:
- 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.
- If WhiteHat Group Ltd 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.
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply Terms & Conditions and other agreements; or to protect the rights, property, or safety of WhiteHat Group Ltd. our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Where we store your personal data
The video interview files you record are stored using Amazon Web Services Simple Storage Service within an EU region datacentre, complying with EU Data Privacy Directives.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
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 site; 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.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise the right at any time by contacting us at firstname.lastname@example.org.
Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
Access to information
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
We use the following cookies:
Strictly necessary cookies
These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.
You can find more information about the individual cookies we use and the purposes for which we use them in the table below:
|Google Analytics||Google Analytics||To monitor page views|
|Intercom||Intercom||To enable users to contact us, and for us to track repeat activity for users|
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
Except for essential cookies, all cookies will expire after 2 years.