GAIN (Girls Are Investors) Jobs Board Terms 2024
AGREEMENT
1. BACKGROUND
1.1 These terms and conditions (the “Agreement”) form an agreement between you and Girls Are Investors, a registered charitable incorporated organization (charity number: 1182317) (“GAIN”) in respect of the posting of jobs and opportunities by GAIN on the GAIN Jobs Board (“GAIN Jobs Board”) on behalf of your organisation.
1.2 By submitting a request to GAIN to post a job opportunity on the GAIN Jobs Board, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, then you should not submit a posting to the GAIN Jobs Board.
2. DEFINITIONS
2.1 In this Agreement, the following terms shall mean:
“Candidate” means an applicant who responds to a posting by you on the GAIN Jobs Board;
“Effective Date” means the date which you submit a posting to the GAIN Jobs Board;
“Engagement Notice” has the meaning given to it in Section 4.1;
“Engagement” means the employment or other engagement of the Candidate by you or your Group, on a permanent or temporary basis, howsoever engaged (whether directly or indirectly); and “Engages” and “Engaged” shall be construed accordingly;
“Engagement Details” means details of (i) the date a Candidate to commences an Engagement and (ii) the job title of the Candidate;
“GAIN Jobs Board Request” means the form of listing information request delivered to you by GAIN in connection with the proposed listing.
“Group” means any other entity or person controlled by, controlling or under common control with you;
“Sponsor” means a firm that has entered into an ongoing sponsorship arrangement with GAIN.
“Third Party” means any company or person who is not you or within your Group.
2.2 Headings. Headings contained in this Agreement are for reference purposes only and shall not affect the intended meanings of the sections to which they relate.
3. YOUR OBLIGATIONS
3.1 Provision of Job Posting Details. You shall provide GAIN with all details of the position which you or a member of your Group seeks to fill, including without limitation the matters set forth in the GAIN Jobs Board Request:
3.2 Tracking and Reporting of Candidates. You agree that:
(a) you will take reasonable steps to identify and track Candidates within your hiring process for the purpose of submitting the Engagement Notice required below;
(b) you will, to the extent reasonably practicable, track and report the following metrics to GAIN:
(i) total number of applications received from Candidates;
(ii) a percentage-based breakdown by reported gender and gender identity of Candidates from whom you receive applications;
(iii) such other information as we may agree from time to time.
3.3 Assessment of Candidates. You shall satisfy yourself as to the suitability of any Candidate. You are responsible for obtaining work permits and/or such other permission to work as may be required and satisfying other requirements, qualifications or permission required by law of the country in which the Candidate is engaged to work.
3.4 Commitment to Equal Opportunity. GAIN is committed to equal opportunities, and you agree to comply with all anti-discrimination legislation as regards the selection and treatment of Candidates.
4. NOTIFICATION, FEES AND INVOICES
4.1 Notification of Engagement. You shall notify GAIN as soon as reasonably practicable that an offer of an Engagement has been accepted by any Candidate and to provide the Engagement Details (“Engagement Notice”); and
5. POSTING DURATION, POSTING LIMITS, TERM AND TERMINATION
5.1 Duration of Postings on GAIN Jobs Board. Postings on the GAIN Jobs Board will be removed four weeks from the initial posting date unless otherwise specified by you in the GAIN Jobs Board Request and agreed by GAIN.
5.2 Term of Agreement. This Agreement will commence on the Effective Date and will continue until any payment obligation arising under Section 4 has been fulfilled.
6. CONFIDENTIALITY AND DATA PROTECTION
6.1 Confidentiality.
All information contained within or arising from this Agreement shall remain confidential and each of GAIN and you each agrees to not divulge it to any Third Party save for: (i) their own respective employees; (ii) services providers solely for the purposes of vetting and screening Candidates, provided that such service providers are bound by written confidentiality obligations; (iii) professional advisers; and (iv) as otherwise may be required by law.
6.2 Data Protection. Each of the Parties to this Agreement agree to comply with the terms related to Data Protection set forth on
7. GENERAL
7.1 This Agreement constitutes the entire agreement between GAIN and you in relation to the subject matter hereof and are deemed to be accepted by you and to apply by virtue of (a) the Engagement by you or your Group of, a Candidate or (b) the passing of information about the Candidate by you or your Group to any Third Party or (c) you or your Group’s interview or request to interview a Candidate or (d) your acceptance of this Agreement when you submitted a Jobs Board Posting Request.
7.2 No variation or alteration of this Agreement shall be valid unless approved in writing by you and GAIN.
7.3 This Agreement supersedes all previous agreements between the parties in relation to the subject matter hereof.
7.4 No provision of this Agreement shall be enforceable by any person who is not a party to it pursuant to the Contract (Rights of Third Parties) Act 1999, except as provided for under this Agreement.
7.5 If any provision, section, or sub-section of this Agreement is held to be invalid, void, illegal or otherwise unenforceable by any judicial body, the remaining provisions of this Agreement shall remain in full force and effect to the extent permitted by law.
7.6 Any reference to legislation, statute, act, or regulation shall include any revisions, re-enactments or amendments that may be made from time to time.
8. GOVERNING LAW
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter, whether of a contractual or non-contractual nature, shall be construed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales for the purposes of enforcing this Agreement.
Schedule A
DATA PROTECTION
1. For the purposes of this Agreement, “Data Protection Legislation” shall mean EU Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“the GDPR”), the GDPR in such form as incorporated into the laws of the United Kingdom and the United Kingdom Data Protection Act 2018, or any other applicable laws or regulations in relation to privacy and data protection, as amended from time to time. The terms “personal data”, “processor”, “controller”, “processing/processed” and “personal data breach” shall be as defined in the Data Protection Legislation.
2. The parties hereby acknowledge and agree that each party may obtain personal data relating to individuals responding to postings on the GAIN Jobs Board. The parties hereby agree that they shall each be responsible to the other for ensuring that, where they collect such personal data, it is processed and, where required or appropriate, transferred to the other party in a manner which is compliant with Data Protection Legislation. Accordingly, the parties further agree that they shall each be a controller in respect of the personal data and hereby acknowledge and agree that it will comply with its own obligations under the Data Protection Legislation in relation to the personal data collected pursuant to this Agreement.
3. Each party will ensure it has appropriate technical and organisational measures in place to safeguard personal data in line with Data Protection Legislation and will promptly inform the other party if, in connection with this Agreement, it: (i) discovers a personal data breach; and/or (ii) has been contacted by a data protection authority about personal data, and, in each case, the parties will provide reasonable cooperation to the other party regarding that matter and keep the other informed in relation to the same.