The Haystack brand, website and application are owned and operated by Haystack App Limited.
1. Applicability of these terms
These terms and conditions (Terms) cover your use of our website www.haystackapp.io, our web application and our mobile application, hereafter referred to collectively as the Services. Please read these Terms carefully before using the Services as they provide important details on who we are, how we make changes, how we provide the Services to you and what to do in the event of issues.
2. Who we are and how to get in touch
The Services are operated by Haystack App Limited (Haystack), a company registered in England and Wales with company number 12150812 and whose registered office is at 11 Lansdowne Terrace, Newcastle upon Tyne, England, NE3 1HN.
You can contact us using the above postal address or by email via hello@haystackapp.io
3. Your acceptance of these terms
By using the Services, you confirm that you accept these Terms. If you do not agree to these Terms, you should not use the Services.
Our Privacy and Cookies Policy www.haystackapp.io/privacy-policy also applies when you use the Services. Please read this Policy carefully, as it provides details about how your personal information will be processed and your data-related rights.
4. Changes to these terms
We reserve the right to change these Terms at any time by notifying you through our website that we have done so. You will be deemed to have accepted the change(s) unless you notify us in writing, and discontinue your use of the Services, within seven (7) days of the change(s) being made.
5. Who can use the Services
You can use the Services if you have received access in one of the following categories:
As applicable, and subject to these Terms, we hereby grant to you a worldwide, non-exclusive licence for such use, without the right to grant sub-licences.
If you use the Services as a Hiring User then by doing so you bind both:
to these Terms, and in these circumstances references to “you” in these Terms are to both the individual user and the relevant employer company or other legal entity.
You acknowledge that we are an intermediary service provider and we are not therefore bound by any contract or agreement that may arise from time to time between employers and Techie Users.
The Services are not intended to be used by those who are under eighteen (18) years of age; if you are eighteen (18) or under you should not use the Services.
6. Hiring user specifics
As a Hiring User, you agree to keep all information obtained from Techie Users through use of the Services private and confidential. You also agree not to divulge the names, identities or personal details of any Techie Users listed on the Services at any time outside of your organisation, to take suitable physical, technical and administrative measures to safeguard content you obtain through use of the Services from loss, misuse, unauthorised access, disclosure, alteration or destruction and you also agree not to post, publicly release or distribute any job offers which you become aware of through the Services.
We do not warrant that Hiring Users will receive any applications or enquiries in relation to job listings, nor do we warrant that the Services will hold information regarding Techie Users that are suitably qualified for the roles Hiring Users seek to fill.
For the avoidance of doubt, you acknowledge that any job listings you upload to the Services shall constitute User Content for the purposes of sections 15 and 17.
7. Techie user specifics
Techie Users who register with our Services will have access to features which we will determine in our sole discretion. These features may include:
For the avoidance of doubt, you acknowledge that any CV and/or profile you upload to the Services shall constitute User Content for the purposes of sections 15 and 17.
8. Availability and access
We shall use reasonable endeavours to make the Services available at all times. However, there may be occasions when access to the Services may be interrupted, including for scheduled upgrades or maintenance. We shall use reasonable endeavours to notify users of any scheduled upgrades or maintenance, and to schedule such upgrades or maintenance outside of typical business hours. You agree that we have no liability to you for such interruptions.
Following registration, you will be provided with an account. Your login information is confidential and you should not allow anyone else to use your login details. If you suspect that another person has access to your login details, please get in touch with us as quickly as possible. We may disable your login information if we reasonably suspect that it is being used by another person. You are wholly responsible for any activity on our Services arising out of any failure to keep your login details confidential, and may be held liable for any losses arising out of such a failure.
9. Trial period, subscriptions, fees, rebates and payment
The provisions set down in this section apply to Hiring Users only.
Following written agreement you will be automatically enter into a trial period during which you can use the Services. Unless otherwise agreed between us, your trial period will last for thirty (30) days.
If you have not made any hires via the Services at the conclusion of your trial period, and you elect not to take up a subscription, you may either close your account, in which case your account will be cancelled and no fees will be payable, or, you may continue to use the Services on a pay-per-hire basis.
If you have made one or more hires via the Services at the conclusion of your trial period, and you elect not to take up a subscription, you agree to pay a Recruitment Fee for each hire made, after which, you may either close your account or continue to use the Services on a pay-per-hire basis.
If you continue to use the Services on a pay-per-hire basis, a Recruitment Fee shall be payable for each subsequent hire made.
For the purposes of this section, "Recruitment Fee" is a fee calculated as a percentage of the gross salary of the relevant hire made via the Services. Unless otherwise agreed between us prior to the commencement of your trial period, the applicable percentage shall be 15%.
Recruitment Fees incurred:
You agree to co-operate in good faith by providing us with the information and details required to calculate Recruitment Fees as required and applicable from time to time.
Except where a Techie has been made redundant, you may be entitled to a replacement hire, provided the recruitment fee was paid on time in accordance with this section and where the Techie’s employment is terminated within twelve (12) weeks of commencement.
If you elect to take up a subscription at the conclusion of your trial period, you agree to pay a subscription fee which shall be determined by us on the basis of your forecasted hiring, (Subscription Fee). For the avoidance of doubt, if you elect to take up a subscription, you will not also be required to pay a Recruitment Fee in connection with any hires made during your trial period. We will however take the notional value of the Recruitment Fee into consideration, when determining your Subscription Fee. Subscription Fees shall be invoiced annually in advance from the commencement of your subscription.
The initial term of your subscription shall be twelve (12) months and thereafter your subscription shall automatically renew for further periods of twelve (12) months unless either of us delivers a written notice of termination to the other not less than thirty (30) days prior to the end of the initial term or any applicable renewal term, or, your subscription is otherwise cancelled in accordance with these Terms.
We reserve the right to review and make reasonable adjustments to your Subscription Fee at twelve (12) month intervals from the commencement of your subscription. Any adjustments made shall be notified to you not less than sixty (60) days prior to their coming into effect.
Notwithstanding the foregoing, if at the conclusion of your trial period, you elect to close your account, or otherwise do not continue to use the Services on either a pay-per-hire or subscription basis, you acknowledge that you will be liable for, and you agree to pay, a Recruitment Fee in connection with any Techies who were introduced to you during your trial period and who are subsequently hired by you within twelve (12) months of the end of your trial period. You must promptly, and in any event within 48 hours of encountering information relating to a particular Techie via the Services, inform us if you believe that you were already aware of the Techie other than via information supplied via the Services. You agree that you will be deemed not to have been aware of the identity of the relevant Techie prior to our provision of information via the Services, if you fail to provide such a notice within the aforementioned 48 hours.
All invoices are payable fourteen (14) days from the relevant invoice date and VAT shall be charged at the prevailing rate as applicable. You are required to make payments to such bank account(s) as we may specify in writing from time to time.
If any amount owed to us under these Terms falls overdue:
10. Acceptable use
You must not use the Services:
11. Cancellation and Suspension
We may:
at any time in our sole discretion without notice or explanation, providing that if we cancel any Services you have paid for and you have not breached these Terms, we will refund to you a pro-rated amount of your payment.
You may cancel your account:
In the event that you elect to cancel your account in accordance with this section 11, you will not be entitled to any refund.
12. Data Protection
Any personal data you provide to us will be handled in accordance with our Privacy and Cookies Policy which can be accessed via https://haystackapp.io/privacy-policy/
If you are a Hiring User, you additionally acknowledge that the provisions set out within our Data Processing Schedule, which is annexed to these Terms, shall govern the relationship between us for the purposes of applicable data protection legislation.
13. Integrity
The materials provided through the Services are provided on an ‘as is’ basis. Whilst we aim to provide you with accurate information through the Services, we are unable to guarantee, nor do we represent or warrant that the information and content made available through the Services is up to date, accurate, complete, or verified. We accept no liability if you or any person or organisation relies upon or uses the information and/or content published through the Services.
14. Intellectual property
Except as otherwise acknowledged in this section, we are the owner and licensee of all intellectual property in the Services, the technology used to provide the Services and any content offered through the Services.
When you use the Services, you must not:
If you are a Techie User, you may view and download material from the Services for your personal use only and if you are a Hiring User, you may view and download material made available by us or other users for such purposes as are relevant for your user type. You must not otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the materials without our permission.
Any third-party registered or unregistered trade marks or service marks on our Services are the property of their respective owners and, unless stated otherwise in these Terms, we do not endorse and we are not affiliated with any of the holders of any such rights, nor can we grant any licence to exercise any such rights.
Subject to the express provisions of these Terms, all copyright and other intellectual property rights in the Services are reserved.
15. User content
The Services include information and content published by us together with information and content published by other users (User Content). If you upload any User Content, you agree to comply with the terms set out below.
When uploading User Content, you must not:
You are wholly responsible for any and all User Content posted by you to the Services (including any message you send through the Services).
Any content you upload to the Services will be considered non-proprietary. You retain all of your ownership rights of your content, but you grant us and other users of the Services a perpetual and non-exclusive licence to process, use, store and copy that content.
We may moderate User Content that is posted or uploaded to the Services. However, we accept no responsibility for any User Content and reserve the right to remove, redact, edit or expunge any User Content at any time.
We reserve the right to disclose your identity to any third-party if we reasonably believe their claim that any content posted or uploaded by you to the Services constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third-party, for the content or accuracy of any content posted by you or any user of the Services.
If you have any concerns about User Content please notify us immediately via hello@haystackapp.io
16. User interactions
Where you interact with other users via the Services, those interactions are solely between you and the relevant user(s). Should any dispute arise between you, we will provide reasonable assistance to help you resolve the matter, but we will neither be liable to you, nor any other user.
We are under no obligation to oversee, monitor or moderate any interactive mechanism we provide through the Services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive mechanism by a user in contravention of our content standards, whether the mechanism is moderated or not.
As aforementioned, and in accordance with our Privacy and Cookies Policy, the Services are targeted at persons over the age of eighteen (18). If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.
17. Content standards
These content standards apply to any and all User Content which you post, upload or otherwise provide to the Services, and to any interactive mechanisms associated with those Services.
Any User Content must:
User Content must not:
You must not submit to our Services any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
If you learn of any unlawful material or activity on our Services, or any material or activity that breaches these Terms, please let us know using the contact details shown at section 2 above.
18. Indemnity
You fully indemnify us, our employees, officers, directors and other representatives, against any and all claims, costs and expenses which we may incur as a result of your acts or omissions in respect of the Services including, without limitation, your use of the Services and any content and/or your breach of any of your obligations under these Terms including but not limited to any claims alleging that your use of content or use of the Services in breach of these Terms infringes the rights of, or has caused harm to, a third-party, or violates applicable law.
19. Limitation of liability
Nothing in these Terms will limit or exclude any liability:
The limitations and exclusions of liability set out in this section 19 and elsewhere in these Terms govern all liabilities arising under these Terms or relating to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms.
We can not guarantee, and we do not warrant, that the Services will operate without fault or be free of errors, viruses, harmful materials or uninterrupted. You are responsible for ensuring that your computer, systems and associated equipment are compatible with the Services.
We reserve the right to alter any or all of our Services at any time in our sole discretion without notice or explanation. Except where otherwise provided for in these Terms, you will not be entitled to any compensation or other payment upon the alteration of any of our Services.
With the exception of any legal responsibility that we can not exclude in law, we are not legally responsible for:
We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other malicious material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading any content drawn from it or from any other service(s), website(s), platform(s) and application(s) linked to it.
To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these Terms, our Services and the use of our Services.
Our total aggregate liability to you under these Terms shall be limited:
To the extent that our Services and the information on our Services are provided free of charge, we will not be liable for any loss or damage of any nature.
20. Linked sites
We make no representations whatsoever about other services, websites, platforms and applications. When you access any other service(s), website(s), platform(s) and application(s) through the Services you acknowledge that it is or they are independent of us and that we have no control over that or those service(s), website(s), platform(s) or application(s) and can accept no responsibility in relation to its or their content or availability, the service offered through it or them or the way you interact with it or them.
You must not use our Services to link to any website or web page consisting of or containing material that would, were it posted to our Services, breach the provisions of these Terms.
21. Notification
Any notification to you via email, post or notices or links on our Services shall constitute acceptable notification to you under these Terms.
22. Assignment
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms.
23. Third-party rights
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
The exercise of our respective rights under these Terms is not subject to the consent of any third-party.
24. No Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
25. Severability
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
If any unlawful and/or unenforceable provision of these Terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
26. Supplementary provisions
If you register as a Hiring User on our Services, we do not act in relation to you as an employment business for the purposes of the Conduct of Employment Agencies and Employment Businesses Regulations 2003. Details of our charges and payment details are set out in these Terms. We will have no authority to enter into contracts with Techie Users or otherwise to act on your behalf.
If you register as a Techie User for the purposes of finding and applying for employment opportunities through our Services, we do not act in relation to you as an employment business for the purposes of the Conduct of Employment Agencies and Employment Businesses Regulations 2003. We will provide the Services as described in these Terms. We will have no right to negotiate or enter into any contract on your behalf, nor will we be authorised to receive money on your behalf. No fees are payable by a Techie User in respect of the Services. The contract between us under these Terms may be terminated by you or us at any time upon immediate written notice, in accordance with section 11.
27. Law and Courts
These Terms, their subject matter and formation, are governed by English law. You, and we, agree that the courts of England shall have exclusive jurisdiction to hear any dispute arising out of or in connection with these Terms.
Data Processing Schedule
1. For the purposes of this Schedule:
“Customer” means the Hiring User together with the employer company or other legal entity on behalf of whom the Hiring User is conducting, or will conduct, recruitment activities via the Services;
“Data Protection Legislation” shall be defined as the Data Protection Act 2018, the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019, Regulation (EU) 2016/679 (the EU GDPR), as applicable, and all other laws regulating the processing of personal data under these Terms;
“Data Subject”, “Data Controller”, “Data Processor”, and “Personal Data Breach” shall have the meaning defined in the Data Protection Legislation; and
“Haystack” means Haystack App Limited acting in its capacity as the provider of Services under the Terms.
The Customer and Haystack shall each be referred to individually as a “Party” and together collectively as the “Parties”.
2. The Parties hereby agree that they shall both comply with all applicable data protection requirements set out in the Data Protection Legislation. This Schedule shall not relieve either Party of any obligations set out in the Data Protection Legislation and does not remove or replace any of those obligations.
3. For the purposes of the Data Protection Legislation and for this Schedule:
3.1 The Customer is a Data Controller; and
3.2 Haystack is a Data Controller and a Data Processor.
4. The type(s) of Personal Data, the scope, nature and purpose of the processing, and the duration of the processing are set out subsequently in this Schedule (Data Processing Information).
5. To the extent that a Party acts as a Data Controller it shall ensure that it has in place all necessary consents and notices required to enable the lawful transfer of Personal Data for the purposes described in the Terms and this Schedule.
6. In its capacity as a Data Processor, Haystack shall, with respect to any Personal Data processed by it in relation to its performance of any of its obligations under the Terms:
6.1 Process the Personal Data only on the written instructions of the Customer unless Haystack is otherwise required to process such Personal Data by law. Haystack shall promptly notify the Customer of such processing unless prohibited from doing so by law.
6.2 Ensure that it has in place suitable technical and organisational measures to protect the Personal Data from unauthorised or unlawful processing, accidental loss, damage or destruction. Such measures shall be proportionate to the potential harm resulting from such events, taking into account the current state of the art in technology and the cost of implementing those measures.
6.3 Ensure that any and all staff with access to the Personal Data are contractually obliged to keep that Personal Data confidential.
6.4 Only transfer Personal Data outside of the UK or European Union if the following conditions are satisfied:
6.4.1 The Customer and/or Haystack has/have provided suitable safeguards for the transfer of Personal Data;
6.4.2 Affected Data Subjects have enforceable rights and effective legal remedies;
6.4.3 Haystack complies with its obligations under the Data Protection Legislation, providing an adequate level of protection to any and all Personal Data so transferred; and
6.4.4 Haystack complies with all reasonable instructions given in advance by the Customer with respect to the processing of the Personal Data.
6.5 Assist the Customer at the Customer’s cost, in responding to any and all requests from Data Subjects and in ensuring its compliance with the Data Protection Legislation with respect to security, breach notifications, impact assessments, and consultations with supervisory authorities or regulators (including, but not limited to, the Information Commissioner’s Office). Haystack may charge the Customer at its standard time-based charging rates for any work performed by Haystack at the request of the Customer pursuant to this clause 6.5.
6.6 Allow for and contribute to audits, including inspections, conducted by the Customer or another auditor mandated by the Customer in respect of the compliance of Haystack’s processing of Personal Data with the Data Protection Legislation and this Schedule. Haystack may charge the Customer at its standard time-based charging rates for any work performed by Haystack at the request of the Customer pursuant to this clause 6.6, providing that no such charges shall be levied where the request to perform the work arises out of any breach by Haystack of this Schedule or any security breach affecting the systems of Haystack.
6.7 Notify the Customer without undue delay of a Personal Data Breach.
6.8 On the Customer’s written instruction, delete (or otherwise dispose of) or return all Personal Data and any and all copies thereof to the Customer on cancellation of the Terms unless it is required to retain any of the Personal Data by law.
6.9 Make available to the Customer all information necessary to demonstrate the compliance of Haystack with its obligations under this Schedule and the Data Protection Legislation. Haystack may charge the Customer at its standard time-based charging rates for any work performed by Haystack at the request of the Customer pursuant to this clause 6.9.
6.10 Promptly inform the Customer if, in the opinion of Haystack, an instruction of the Customer relating to the processing of the Personal Data infringes the Data Protection Legislation.
7. Haystack may sub-contract any of its obligations to a sub-contractor with respect to the processing of Personal Data under this Schedule. In the event that Haystack appoints a sub-contractor, Haystack shall:
7.1 Enter into a written agreement with the sub-contractor, which shall impose upon the sub-contractor substantially similar obligations as are imposed upon Haystack by this Schedule and which shall permit Haystack to enforce those obligations; and
7.2 Ensure that the sub-contractor complies fully with its obligations under that agreement and the Data Protection Legislation.
8. If any changes or prospective changes to the Data Protection Legislation result or will result in one or both Parties not complying with the Data Protection Legislation in relation to processing of Personal Data carried out under the Terms, then the Parties shall use their best endeavours promptly to agree such variations to this Schedule as may be necessary to remedy such non-compliance.
Data Processing Information
Categories of Data Subject
Categories of Data Subject whose Personal Data may be processed under the Terms from time to time may include:
Types of Personal Data
Types of Personal Data which may be processed under the Terms from time to time may include:
Purposes of Processing
Personal Data shall be processed for the purposes set out within the Terms, including but not limited to delivery of the Services.
Duration of Processing
Personal data shall be processed for the duration of the contract made between Haystack and the Customer under the Terms.