Terms for advertisers

1. What you are buying

Advertising space, and the applications that come from it. AceLeads Jobs advertises your vacancy to people who chose to hear about that category of work in that area. They read your advert and decide for themselves whether to apply.

You are not buying a supply of workers, an introduction, or any judgement by us about who is suitable. We make no such judgement at any point, and section 8 explains why that is a structural feature rather than a service level.

2. Advertising rules

By placing an advert you confirm that:

• The vacancy is real, current and yours to advertise.
• The advert is accurate about the work, the pay, the hours and the location, and it is not misleading by omission.
• You will not ask any applicant for money, for payment for training, or for a fee of any kind connected to getting the job.
• The advert complies with equality law, including the rules on advertising and on asking about health or disability before an offer.
• Where a licence or registration is needed to do the work, the advert says so plainly rather than leaving an applicant to find out later.
• You hold the right to use any logo or image you supply.

[NEEDS HUMAN SIGN-OFF] Whether we verify any of the above before a first advert goes live, and how, is an open decision. Confirming something is not the same as it being checked, and the terms should not imply otherwise.

3. Sectors we cannot advertise

We do not advertise work in agriculture, horticulture, shellfish gathering, or food and drink processing and packaging. Those sectors are licensed by the Gangmasters and Labour Abuse Authority and we are not a licence holder.

The test is applied to the job, not to your business. A driving job inside a food processing company is the exact case this is built for, so an advert can be refused even where your company is otherwise fine, and an advert can be fine even where your company operates in a licensed sector. Adverts close to the line are held for a person to look at. Nothing is approved automatically once it has been flagged.

4. Applications: one vacancy, one purpose

An application is supplied to you for the vacancy it was made to, and for nothing else. Specifically, you may not:

• Use it to fill a different vacancy, now or later, without asking that person and getting their agreement.
• Add the person to a talent pool, a database or a mailing list.
• Pass the application, or the CV, to another company, including a company in your own group.
• Use the contact details to market anything.
• Keep the application longer than you need it for this vacancy and your own lawful record keeping.

This is not a courtesy. The person consented to their CV going to you, for this job. A CV routinely contains health, disability or background information nobody asked for, and a consent given for one advert does not stretch to cover a second one.

5. The data protection position

When an application passes through us to you, one of two things is true, and which one decides what this contract has to contain.

If we handle that application on your instructions, we are your processor for that step, and Article 28 of the UK GDPR requires a written contract between us containing a specific list of terms. Section 6 sets out what that contract has to cover.

If instead we decide for ourselves how applications are collected and delivered, and you then decide for yourself what to do with what arrives, we are separate controllers one after the other. The contract then needs different clauses, and you need your own privacy information covering what you do with an application once you have it.

In either case you are a controller in your own right for everything you do after the application reaches you, and section 4 applies regardless.

[NEEDS HUMAN SIGN-OFF] This is the open question that decides the shape of this contract. It has to be answered before an advertiser signs anything, because retrofitting Article 28 terms across signed contracts is considerably harder than including them.

6. Draft processing schedule

An outline of what the schedule has to cover if the processor reading in section 5 is the right one. These are headings and intentions. The clauses themselves are for a solicitor.

The schedule also has to describe the subject matter, duration, nature and purpose of the processing, the types of personal data and the categories of person, as Article 28(3) requires on its face. For this service that is: delivering job applications, including CVs which may contain special category data, from people who applied to one named advert, for as long as that advert and its applications are live.

[NEEDS HUMAN SIGN-OFF] Draft the schedule, decide the audit and sub-processor change mechanics, and settle whether the special category data in a CV needs anything additional in the advertiser's own obligations.

7. Billing

You are billed per application received, at the price in your order form. A billable application is one that is complete, has a CV attached, was made against a live advert of yours, came from a distinct person, is the first application from that person to that advert, and passed the anti-spam check.

That test is mechanical on purpose. No quality judgement is applied by us, and none is invited from you. A pay-per-application model that bills on whether someone was any good collapses into an argument about the word "qualified", and it would also mean somebody was assessing applicants, which is the thing this business does not do.

You can cap the number of billable applications on an advert. The count is visible to you. Duplicates are not billed, and neither is anything the anti-spam check rejects.

[NEEDS HUMAN SIGN-OFF] The price, the payment terms, the invoicing cycle, the position on refunds and disputes, and the cap defaults are all unset. The rate card is internal and is never published on the site.

8. What you cannot ask us to do

We will not select, filter, rank or assess applicants for you, and we will not send you people who did not apply to your advert. This is not a service we have chosen to leave out. Doing any of it would make us an employment agency in law and bring a different statutory regime down on both of us.

So: no candidate database access, no searching people who have registered for alerts, no "send me your best applicants", and no arrangement where we push a person towards a role they did not choose.

9. Removing an advert

We can refuse or remove an advert that breaks these terms, that falls in an excluded sector, that we have reason to think is fraudulent, or that we are asked to remove by a regulator. Where we can, we tell you why and give you the chance to fix it.

Adverts expire automatically on their closing date. An expired advert stops receiving applications immediately.

10. Responsibility and its limits

We do not guarantee a number of applications, a level of response, or that any application leads to a hire. What we are responsible for is publishing your advert as supplied, delivering the applications made to it, and handling the data properly on the way.

[NEEDS HUMAN SIGN-OFF] Liability caps, indemnities, the equality law indemnity for advert content, termination and the treatment of a business customer under the Unfair Contract Terms Act are all for a solicitor. Nothing above is a limitation clause.