JobTotal Limited – Terms and Conditions

Employment Agency License No.: 71034

Last modified: March 01, 2023

Services provided by JobTotal Limited through the App and/or the Web Site therein shall be available to Job Seekers or other users such as Advertisers.  Access to and use of the contents and services provided shall be subject to the terms and conditions which are set out below (‘Terms and Conditions’) and the privacy policy (‘Privacy Policy’).  If you do not accept either or both of the Terms and Conditions and/or the Privacy Policy, please do not join, access, view, download or otherwise use any services offered by Us via the App and/or the Web Site.  By Your continued use of the services, You acknowledge that You have read and understood the Terms and Conditions and the Privacy Policy and that You agree to be bound by all of its provisions.  We reserve the right to amend, add to, delete or revise the Terms and Conditions and the Privacy Policy at any time without prior notice.  You are advised to periodically review the Terms and Conditions and the Privacy Policy.  Your access to our services will be terminated upon your notice to Us that any change is unacceptable; otherwise Your continued use shall constitute Your acceptance of all changes and they shall be binding upon You.

Definitions

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

• You/Usermeans the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
• Job Seeker means users who seeking employment.
• Company(referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to JobTotal Limited, Room 1056-57 & 1065-66, 10/F, New East Sun Ind Building, 18 Shing Yip Street, Kwun Tong, Kowloon, HK.

• Application means the software program provided by the Company downloaded by You on any electronic device, named JobTotal/JobTotalEmployer.
• Service means any website, job portal or mobile application owned and operated by the Company and is affiliates/subsidiaries or its service providers.
• Advertiser means user who places a job advertisement or promotes any job related activities in Our Service.

 

Acceptable Service Uses

 

a.       Specific Uses – Job Seeker

Job Seeker agrees that he/she shall only use the Service for lawful purposes and seeking employment.

Job Seeker agrees to keep his/her login name and password with care and not to disclose them to any other person.  Job Seeker is solely responsible for maintaining the confidentiality, safekeeping and security of such login name and password and shall notify Us immediately of any unauthorized use of the same.

Job Seeker confirms and acknowledges that he/she discloses his/her personal data and all other information to the Advertisers and/or the Company of his/her own volition when he/she applies for available job vacancies posted on or through the Service, and/or when Job Seeker uses the Service for purposes of submitting, uploading or posting his/her resume on the Service.  By submitting, uploading or posting his/her resume on the Service, Job Seeker authorizes the Company to store his/her resume and information or data related thereto in the database of Us (‘Database’).  Job Seeker may send his/her resume and the related information or data directly to any Advertiser who advertises on or through the Service.  Alternatively, Job Seeker may send his/her resume and the related information or data to the Company through the Service in reply to any job advertisement.  In such event, Job Seeker’s resume and the related information or data will remain active and be stored in Database at his/her own risk unless and until he/she chooses to delete them.  Job Seeker acknowledges and agrees that his/her resume and the related information or data may be accessed by the Advertisers who have subscribed to the Service for the sole purpose of recruiting and assessing the suitability of Job Seekers.  We also reserves the right to reject, disapprove or edit any part of the Job Seeker’s resume and the related information or data as it sees appropriate and to erase any personal data which We reasonably believes that such data are inaccurate, false, illegal, unlawful, infringe copyright/trademark/trade name/trade secret or infringe any other intellectual property rights or invade the privacy of the other having regard to the purpose (including any directly related purpose) for which the data are or are to be used.

Job Seeker acknowledges and agrees to the Company’s practice of charging Advertiser a fee for access to the Service, the Database and/or Job Seekers’ resumes, details and the related information or data for the sole purpose of recruiting and assessing the suitability of Job Seekers and subject to the terms herein.  Job Seeker also recognizes that he/she shall have no claims to any such fee received by the Company.

We will not release Job Seeker’s personal data to any Advertiser without his/her permission unless required by any authorized institution or obliged under the prevailing laws and regulations.  Job Seeker acknowledges and agrees that the Company will, if he/she so authorizes, release his/her resume (without his/her personal and contact information and name of his/her current employer) to Advertiser through the use of the Company’s search engine or any other means for the sole purpose of enabling Advertiser to recruit and assess the suitability of Job Seekers in relation to any job vacancy.  Job Seeker agrees that the Company and its associated companies may use his/her personal data (without his/her name, address and other personal identifiable information for marketing purposes which may be directed to either potential Advertisers, their respective agents or anyone under their employ.

Although We shall use its reasonable endeavors to restrict access to the Database only to the Advertisers and personnel of Us, it does not guarantee that other parties will not, without Our consent, gain access to the Database.  Job Seeker may disable searching or viewing of his/her resume by the Advertisers at any time.  However, Job Seeker acknowledges that the Advertisers and other parties who have otherwise gained access to the Database may have retained a copy of Job Seeker’s resume.  We are not responsible for the retention, use or privacy of resumes in these instances, or for the use or privacy of resumes by any of such parties while the resumes are in the Database.   We will not be responsible or held liable in any way if any Advertiser or other user, in breach of the Terms and Conditions, whether in Hong Kong or materials for any purpose other than for recruiting potential employees.  Job Seeker accepts that all personal data, information or materials given to Advertiser or other users, or submitted on or through the Service, are given entirely at his/her own risk.

1. Specific Uses – Advertiser

Advertiser agrees that it shall only use the Service for lawful purposes and promoting any job related activities.  If Advertiser has elected to Our products (“JobTotal Products”), these Terms and Conditions are to be read in conjunction with JobTotal Products’ specifications, which will be provided on request.

Upon  payment of the service fee to US or upon acceptance of any free trial promotion offer, Advertiser will be entitled to use the Service to advertise job vacancies and/or to create its own web page on the Service for a predetermined period following agreement of the predetermined service, save and except for free trial promotion offer.  Subject to the conditions or requirements from time to time stipulated by Us regarding the access to Job Seeker’s information or data, Advertiser will be entitled to access the Database but agrees that all information or data obtained as a result of such access shall only be used for the sole purpose of recruiting and assessing the suitability of Job Seekers and that such information or data shall not be disclosed to any other parties without the prior consent of the Job Seeker concerned.  Advertiser acknowledges and agrees that it shall disregard any information or data received from Job Seeker which is irrelevant to recruiting and assessing the suitability of Job Seekers.

Advertiser have to guarantee that the person(s) recruited for the post is/are direct employee(s) of you / your company and would come under the protection of the Employment Ordinance, as well as that all activities carried out by you / your company are lawful.  Advertiser should pay the employee(s), to whom the Minimum Wage Ordinance applies, hired to fill this post wages no less than the Statutory Minimum Wage (SMW) rate as specified in the Ordinance.  Under the Employees’ Compensation Ordinance, all employers are required to take out employees’ compensation insurance to cover their liabilities both under the Ordinance and at common law for work injuries sustained by their employees.

Advertiser agrees that the terms of employment, entry requirements and job descriptions of the post must NOT violate the Sex Discrimination Ordinance, the Disability Discrimination Ordinance, the Family Status Discrimination Ordinance and the Race Discrimination Ordinance.  Advertiser should consider the genuine job requirements of the post and follow the relevant codes of practice against discrimination in employment.  Please do not specify any requirements on the gender, age or race of the job seekers or any other discriminatory terms.  Otherwise, We will not accept or display your vacancy order concerned.

Advertiser must not solicit money or other advantages in any form or under any title, no matter for reasons of provision of services or training, selling of goods, referral of service, guarantee deposit and so on from Job Seeker(s).  We will not process or display any vacancy orders which involve pre-employment or unpaid training.  To facilitate the implementation of Race Discrimination Ordinance, please complete the vacancy order in both Chinese and English as far as possible.  Advertiser submit no more than 30 vacancy orders in a calendar month.  Each vacancy order will remain valid for 1 month.

Advertiser shall be solely responsible for the contents of and materials contained in its advertisement and/or web page posted on the Service.  We reserve the right to remove or edit, or require the removal or amendment of, any advertisement or web page as it sees appropriate, or to terminate or suspend the Advertiser’s access and use of the Service and/or services offered on or through the Service, in accordance with the agreement for such services between Advertiser and the Company.

We shall have the right to terminate any services offered to any Advertiser and to remove any advertisement and/or web page posted on the Service at the Company’s sole discretion, without any compensation or recourse to Advertiser in the event that the relevant Advertiser or the contents of the relevant advertisement and/or web page is or are in breach of any of the provisions herein or any of the provisions in the TERMS AND CONDITIONS or any JobTotal Products’ specifications; whereas, in the event that We decides to remove an advertisement or web page for any reasons not relating to any breach of the provisions herein or any of the provisions in the TERMS AND CONDITIONS or any JobTotal Products’ specifications, We may after deducting the fees charged for the period that the advertisement or web page has been posted on the Service, refund the remaining fees (if any) to the relevant Advertiser.

From time to time We may invest in marketing campaigns to promote your employer brand (including but not limited to Google ads and Facebook ads) and acknowledge that such promotion may be outside the domain of the Company or its subsidiaries/affiliates.

We also reserve the right to change the service fee or institute new charges or fees, from time to time, as it deems appropriate.  In the event that any Advertiser fails to pay the service fee or any other fees or charges due to the Company, We reserve the right to suspend or terminate the Advertiser’s web page and/or advertisement and/or right to access the Database, without prejudice to all other rights and remedies available to the Company.

1. Prohibited Uses – Users

Users agree(s) that:

• Job Seeker shall not post any non-resume related information or data and/or incomplete, false or inaccurate resume related information or data on the Service.
• Job Seeker shall not respond to any job vacancy advertisement for any reason other than to apply for the job advertised, and Advertiser shall not respond to any Job Seeker other than in connection with his/her application for a job.  Any communications or use of the Service for any purposes other than recruitment purposes, including but not limited to soliciting of donations or business for any reason, are strictly prohibited.
• All users shall not use the Service in any manner that infringes the intellectual property rights or proprietary rights of others.
• All users shall not print, download, duplicate, transmit or otherwise copy, reproduce, re-distribute, republish or use any personally identifiable information about other users save and except that the Advertisers may use the Database and/or Job Seekers’ resumes and the related information or data accessed by the Advertiser pursuant to Clause 1.b. as above.  All unsolicited communications of any type to users are strictly prohibited.
• All users shall not delete, revise or remove any material posted by any other person or entity.
• All users are prohibited from violating or attempting to violate the security of the Service including, without limitation, accessing data not intended for them or logging into a server or account which they are not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication measures without proper authorization, attempting to interfere with service to any user, host or network or sending unsolicited e-mail, including promotions and/or advertisements for products or services. Violations of system or network security may result in civil and/or criminal liabilities.
• All users shall not upload, post, publish, transmit, distribute, circulate or store any material in whatsoever way relating to the Service (i) in violation of any applicable laws or regulations; (ii) in any manner that may infringe the copyright, trademark, trade secrets or other intellectual property rights or proprietary rights of others or violate the privacy or publicity or other personal rights of others; (iii) that is harmful, defamatory, libelous, obscene, discriminatory, harassing, threatening, abusive, hateful, racist, blasphemous, false, illegal, improper or is otherwise offensive or objectionable; (iv) in the manner that causes unrest in politics, religion, national security or stability of Us; or (v) that contains viruses, trojan horses, worms, corrupted files or other materials that may interrupt, damage or limit the functionality and operation of the Service or of any computer software or hardware or telecommunication equipment.
• All users are prohibited in using screen scraping, data mining, robots or similar data gathering and extraction tools on the Service for establishing, maintaining, advancing or reproducing information contained on our Service on your own website or in any other publication, except with our prior written consent.

Intellectual Property Rights

All contents of the Service, including without limitation information, text, graphics, images, layout, designs, pictures, logos, editorial content, HTML and other proprietary materials on the Site (collectively “Contents”) are the intellectual property of the Company or its licensors and are protected by copyright, trademark, patent and other intellectual property laws.  Users acknowledge and agree that the Contents are made available solely for their personal non-commercial use.  Except as otherwise provided in this paragraph, users shall not, and shall not procure, assist or facilitate any third party to, copy, reproduce, transmit, publish, disseminate, distribute, redistribute, broadcast, circulate, store (in any medium), display, modify, sell or transfer or participate in the sale or transfer of or offer for sale of, create derivative works from, or in any way exploit any of the Contents, whether in whole or in part.  Users may download or copy the Contents solely for their personal non-commercial use and/or users that are expressly permitted in these Terms and Conditions, provided that users will not delete or amend any symbols or statements in the Contents that indicate the subsistence therein of copyright, trademark and any other proprietary rights.  Users do not have any right, title or interest in or to any or any part of the Contents as a result of such downloading or copying.  We reserve all its rights of enforcement of all its intellectual property rights or proprietary rights in the Contents, including without limitation against any use of any of the Contents that is not expressly permitted under the Terms and Conditions.  For the avoidance of doubt, any purported consent of any third parties (including Advertisers) to the use of the Contents or any part thereof shall not in any way exonerate the users from the restrictions/prohibitions imposed hereunder in whatsoever manner.

Responsibility

We reserve the right to monitor the Service and its contents at any time, but is not obliged to do so.  We take no responsibility whatsoever for any material on the Service that is not posted by Us or is otherwise posted by Us on behalf of a user.  All users acknowledge and agree that they are fully responsible for the form, content and accuracy of any resume, information, data, advertisement, web page and/or material submitted by them to Us or that is otherwise posted by them on or through the Service.  We do not warrant that any resume, information, data, advertisement or web page will be viewed by any specific number of users or that it will be viewed by any specific user or result in successful recruitment of personnel.  We shall not in any way be considered an agent of either Advertiser or Job Seeker with respect to any use of the Service.  We shall not be responsible in any way for any decision, for whatever reason, made by any party seeking or posting jobs on the Service, or of any party responding to or posting advertisements on the Service.  WHILST WE ENDEAVORED TO PROVIDE A QUALITY SERVICE TO ADVERTISERS AND JOB SEEKERS, IT DOES NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR-FREE OR THAT THE SERVICE AND ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL MECHANISMS, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR SECURE. IF USE OF THE SERVICE OR ITS CONTENTS RESULT IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, BY ANY USER, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS AND ANY LOSS OR DAMAGE OF WHATEVER NATURE.  THE SERVICE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT PREJUDICE TO THE FOREGOING, ANY WARRANTIES IN RESPECT OF MERCHANTABILITY, AVAILABILITY OF FEATURED PRODUCTS OR SERVICES, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, FITNESS FOR PARTICULAR PURPOSE, OR ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR OTHER QUALITIES OF THE SERVICE AND THE CONTENTS, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS CONTAINED THEREIN. USERS SHOULD INDEPENDENTLY ASSESS AND VERIFY THE ACCURACY, COMPLETENESS AND RELIABILITY OF THE INFORMATION ON THE SERVICE AND TO SEEK PROFESSIONAL ADVICE WHERE NECESSARY.

Own Risk

All USERS USE THE SERVICE AND ANY OTHER WEBSITES ACCESSED THROUGH IT, ENTIRELY AT THEIR OWN RISK.  All users shall be responsible for their own communications and are responsible for the consequences of their activities on the Service.  We do not represent or guarantee the truthfulness, accuracy or reliability of any of the communications posted by other users or endorse any opinions expressed by users.  Any reliance by users on any material posted by other users shall be at their own risk.  We reserve the right to expel any users and prevent their further access to the Service at any time for breaching the Terms and Conditions or violating the laws and regulations and also reserves the right to remove any material which is abusive, illegal, disruptive or inappropriate at the Company’s sole discretion without notice and/or consent whatsoever.

Links to Other Websites

The Service may contain links to third-party websites.  These are provided solely as a convenience to users and as Internet navigation tools, and not in any way as an endorsement by the Company of the contents on such third-party websites.  Unless otherwise stated on the Service, We have no control over or rights in such third-party websites and is not responsible for their availability or security.  If users access any linked third-party websites, they do so entirely at their own risk.  We shall not be responsible for the contents of any third-party websites linked to the Service or any links contained in such third-party websites or any changes or updates thereto, and does not make any representations or warranties regarding the contents or accuracy of materials on such third-party websites.  We shall not be responsible or liable for any loss or damage of any kind arising from or in connection with the use of the services or contents of such third-party websites.  Further, any data or material posted on the Service by any user may be viewed by users of other websites linked to the Service and We shall not be responsible for any improper use by any user or third-party other than the Company of any data or materials posted on the Service.

Indemnity

All users agree to indemnify, and hold harmless the Company and its associated companies, officers, directors, employees, agents, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors and assigns from and against any claims, actions, demands, injuries, liabilities, losses, damages, costs and expenses (including legal fees and litigation expenses on a full indemnity basis) arising from or relating to their use of the Service or its contents or their breach of the Terms and Conditions, to the fullest extent permitted by applicable law.  This indemnification shall be in addition to all other obligations of users under the Terms and Conditions, and shall not prejudice any other rights or remedies available at law to Us.

Disclaimer

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS ASSOCIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE IN ANY EVENT FOR DAMAGE OF ANY KIND SUFFERED BY ANY USERS WHATSOEVER DIRECTLY OR INDIRECTLY ARISING FROM OR RELATING TO THEIR USE OF OR INABILITY TO USE THE SERVICE AND ITS CONTENTS, INCLUDING WITHOUT LIMITATION ANY ERRORS OR OMISSIONS IN SUCH CONTENTS, OR ANY DELETION, INCORRECT OR DELAYED TRANSMISSION OR LOSS OF ANY CONTENTS OR MATERIALS UPLOADED OR TRANSMITTED THROUGH THE SERVICE.

Dealing with Advertisers

User’s communication or business dealings with, or participation in promotions organized by, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between user and such advertiser.  We shall not be responsible or liable for any loss or damage of any type or nature incurred as a result of any such dealings or as a result of the presence of the advertisers on the Service or as a result of the accuracy or truthfulness of any information or data posted by the advertisers.

Dealing with Other Users

Notwithstanding We uses the best endeavors to provide impartial job seeking and recruitment services, and represents a media supporting information exchanged between Advertisers and Job Seekers, We will not be involved in dealings or disputes between Job Seeker and Advertiser and We shall not be responsible or held liable for the quality, security and legitimacy of the recruitment service.  We do not warrant or guarantee the accuracy of the information and/or the resume provided by Job Seeker or of the recruitment advertisements provided by Advertiser.  We do not guarantee that Advertiser will be able to pay the relevant remuneration or that Job Seeker will be competent to take the job offered by the Advertiser.  Should any dispute arise between Advertiser and Job Seeker, Advertiser and Job Seeker should resolve such disputes between themselves and We shall not be responsible and held liable for any disputes thereof.

Limitation of Liability

Without  prejudice to the above and subject to the applicable laws, the aggregate liability of the Company to any user for all claims arising from or relating to his/her use of Our  Service and the Service shall be limited to the fees received by the Company in respect of the services giving rise to such claims.

Termination

In the event that any information provided by the user is inaccurate, in breach of any laws or contains indecent elements, We shall instantly abrogate the user’s account and membership without notice and reserves the right to take such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against such user.  We reserve the right at any time to immediately terminate or suspend any user’s account or access to the Service without notice, where the Company is of the opinion that the user has breached any of the Terms and Conditions or violated any law or regulation, and to take further action as the Company in its sole discretion considers appropriate, desirable or necessary, including removing any material which it deems abusive, illegal, disruptive or inappropriate.  We shall have the sole and absolute discretion to decide whether the user, Job Seeker or Advertiser has breached any of the Terms and Conditions, and such decision shall be final.  In case We have not exercised the right under this Clause, it shall not be deemed to be a waiver.

Modification to Access or Site

We reserve the right at any time and from time to time to modify, change, suspend, discontinue or restrict: (a) users’ access to, either temporarily or permanently, the Service (or any part thereof); or (b) the whole or any portion of this Service (and the services provided therein), with or without notice.  We shall not be liable to users or to any third party for any such modification, change, suspension, discontinuation or restriction.

Security Measures

We will use the reasonable endeavors to ensure that its officers, directors, employees, agents and/or contractors exercise their prudence and due diligence in handling the personal data submitted by Job Seeker and that access to and processing of the personal data by such persons is on a “need-to-know” and “need-to-use” basis.  We will use its reasonable endeavors to protect Job Seekers’ personal data against any unauthorized or accidental access, processing or erasure of the personal data.

Governing Law and Jurisdiction

The Terms and Conditions and any dispute or matter arising from or incidental to the use of the Service shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”).

Any dispute, controversy or claim arising out of or relating to the Terms and Conditions including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this Clause:

 

1. The appointing authority shall be Hong Kong International Arbitration Centre (‘HKIAC’)
2. The place of arbitration shall be in Hong Kong at HKIA
3. There shall be only one arbitrator
4. The language to be used in the arbitral proceedings shall be English

In the event of any breach of the Terms and Conditions by a party, the other party shall be entitled to remedies in law and equity as determined by arbitration.

Force Majeure

Without prejudice to the provisions of these Terms and Conditions limiting or disclaiming liability, We are not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts and non-performance of third parties.

Entire Agreement

The Terms and Conditions shall constitute the entire agreement between user and the Company relating to his/her/its use of the Service, and shall replace and supersede all other communications (be it written or oral), discussions, letters and contracts relating to the subject matters hereof.

Severability

The provisions of the Terms and Conditions shall be enforceable independently of each other and the validity of each provision shall not be affected if any of the others is invalid.  In the event that any provision or any part of a provision of the Terms and Conditions is determined to be or becomes illegal, invalid or unenforceable, the validity and enforceability of the remaining provisions or remaining part of the provision of the Terms and Conditions shall not be affected and, in lieu of such illegal, invalid, or unenforceable provision or part of a provision, there shall be added as part of the Terms and Conditions one or more provisions as similar in terms as may be legal, valid and enforceable under the applicable.

Data Protection Clause

We have taken every reasonable steps to complied and will continue to comply with its obligations as a data processor arising from the data protection and privacy laws in force from time to time to the extent that those obligations are relevant to this Agreement.  Further, we have taken steps to implement and shall maintain an information security program including reasonable administrative, technical and physical measures designed to secure and protect the confidentiality, integrity and availability of all Confidential Information while in such party’s possession against unauthorized, unlawful or accidental access, disclosure, transfer, destruction, loss or alteration.  The term Confidential Information will not, however, include any information that identifies or directly relates to natural persons (“Personal Data”).  Each party will exercise commercially reasonable efforts not to disclose any Personal Data to the other party and to restrict the other party’s access to its Personal Data, but if a party is given access to the other party’s Personal Data, the receiving party will protect such Personal Data using a reasonable standard of care.

Variation of Terms

1. We may vary these Terms at any time. If We varies these Terms, it will provide notice by publishing the varied Terms on the Service.
2. You accept that by doing this, We have provided You with sufficient notice of the variation to its Terms.

JobTotal Limited – Privacy Policy

Employment Agency License No.: 71034

Last modified: March 01, 2023

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service.  JobTotal pledges to meet fully with the requirements of the Personal Data (Privacy) Ordinance, Chapter 486 of the Laws of Hong Kong.  In doing so, We will ensure compliance by Our officers and staff to the strictest standards of security and confidentiality in respect of all personal information and data submitted by You.

We use Your Personal data to provide and improve the Service.  By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.  Therefore, You are strongly recommended to read this Privacy Policy carefully and the terms herein may be updated, revised, varied and/or amended from time to time as We may deem necessary and/or appropriate.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• You/Usermeans the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
• Job Seeker means users who seeking employment.
• Company(referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to JobTotal Limited, Room 1065-66, 10/F, New East Sun Ind Building, 18 Shing Yip Street, Kwun Tong, Kowloon, HK.

• Application means the software program provided by the Company downloaded by You on any electronic device, named JobTotal/JobTotal Employer.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Account means a unique account created for You to access our Service or parts of our Service.
• Service means any website, job portal or mobile application owned and operated by the Company and is affiliates/subsidiaries or its service providers.
• Country refers to: Hong Kong

• Service Providermeans any natural or legal person who processes the data on behalf of the Company.  It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

• Third-party Social Media Service refers to any website or any social network website through which You can log in or create an account to use the Service.
• Advertisers means user You who places a job advertisement or promotes any job related activities in Our Service.

• Personal Datais any information that relates to an identified or identifiable individual.

• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You.  Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Mobile phone number
• Hong Kong residence area
• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Information Collected while Using the Application

While using Our Application, We must receive or collect some information to operate, provide, improve, understand, customize, support, and market Our Service, including when You install, access, or use Our Service.  The types of information we receive and collect depend on You use Our Service  We require certain information to deliver Our Service and without this We will not be able to provide Our Service to You.  For example, You must provide your mobile phone number to create an account to use Our Service.  Therefore, in order to provide features of Our Application, We may collect, with your prior permission:

• Full name
• Login ID and password
• Hong Kong residence area
• Information regarding your location
• Email address
• Mobile phone number
• Age
• Gender
• Country of residence
• Nationality
• Education level
• Work experience
• Resume
• Pictures and other information from your Device’s camera and photo library
• Additional personal information and/or data in connection with contests, surveys, or special offers

Our Service have optional features which, if used by You, require us to collect additional information to provide such features.  You will be notified of such collection, as appropriate.  If You choose not to provide the information needed to use a feature, You will be unable to use the feature.  For example, You cannot share your personal documents i.e. reference letter from previous employer if You do not permit us to collect your files data from your device.  The information may be uploaded to the Company’s servers and/or a Service Provider’s server or it be simply stored on Your device.

You can enable or disable access to this information at any time, through Your Device settings.

Only duly authorized staff of Us will be permitted to access Yours’ personal information and data, and We shall not release such personal information and data to any third parties save and except for the circumstances listed out under the section headed “Disclosure/Transfer of Your Personal Data”.

Advertisers

We collect the company name, business address and billing address of Advertisers.  It also collects the name, email address and mobile phone number of a primary contact.  Advertisers can change the company name, billing address, or any other details by contacting Us.  We use these details to manage your account, including sending Advertisers applications of candidates, contacting Advertisers if there is an issue with their job ad and organizing payment and invoicing of the account.

Online Applications

When You making an online application to a job advertisement is a free and optional service that requires You to complete mandatory fields (for example first name, last name, phone and email) so that Advertisers can identify and contact the applicants.  When you apply for a job advertisement, including attachments and resume, are:

• Forwarded directly on to the Advertiser and/or its nominated representative; and/or
• Stored in Our recruitment centre on behalf of the Advertiser.

We allow Advertisers to easily and effectively manage their recruitment process via one central facility made available by Us.

By applying to a position advertised in the Service you are requesting that We pass the information you provide to the relevant Advertiser and/or their nominated representative. Any questions you have relating to a position advertised in the Service, your online application and/or the status of your application should be directed directly to the Advertiser or their nominated agent, not Us.

Any Personal Information retained by Us as part of your application will only be used in accord with this Privacy Policy.  The use of your information (personal or otherwise) by Advertisers is not within the control of Us and if you have any questions about how an Advertiser uses your personal information or want to request access to any personal information that you have sent as part of an application or that has been provided to them as part of a JobTotal Profile (as defined below), you have the right to contact that Advertiser directly.

Your Messages in Interview Box (IB)

We offer encryption protocol for our Service.  Encryption means that your messages are encrypted to protect against Us and third parties from reading them.  Encryption ensures only you and the person you’re communicating with can read or listen to what is sent, and nobody in between, not even JobTotal.  This is because with encryption, Your messages are secured with a lock, and only the recipient and You have the special key needed to unlock and read them.  All of this happens automatically: no need to turn on any special settings to secure your messages.

When Job Seeker sent the message to Advertiser, once the message is received, it will be subject to the Advertiser’s own privacy practices.  The Advertiser may designate a number of employees, or even other vendors, to process and respond to the message.

JobTotal Profile

We provide all Registered Users to creating a personal JobTotal Profile (“JobTotal Profile”).  A JobTotal Profile can include a resume, employment and educational history, contact details, salary expectations, and preferred job classifications and locations.  Advertisers who are approved by Us are able to search JobTotal’s Profile database to find and contact relevant candidates.  We provides Registered Users with choice in relation to the access granted by Us to Advertisers in respect of their JobTotal Profiles and Registered Users can elect the JobTotal profile You wish to share (if any) with Advertisers based on the following privacy settings:

• Standard: If you set your JobTotal Profile to standard, your Profile and resume and contact details, can be seen by Advertisers searching JobTotal’s Profile database.  Relevant content from the resume attached to your profile such as employment roles, descriptions of responsibilities and tasks, and educational history including schools, fields and periods of study, may also be scanned by Us and presented to advertisers in the Profile database.  Additionally, if an Advertiser wishes to purchase access to your JobTotal Profile, your full JobTotal Profile including your resume and contact details will be disclosed immediately to the relevant Advertiser.  Advertisers may also elect to send you a copy of the job opportunity for which they are recruiting.
• Hidden: If you set your JobTotal Profile to hidden, your Profile, is completely hidden (thereby preventing Advertisers from viewing your Profile unless You applied the job directly).  Your Profile will be stored in the ‘Profile’ area and you may alter the privacy settings at any time.  Advertisers cannot search your profile or send you job opportunities.

When You have applied for jobs directly or respond directly to the job invitation sent to you by Advertiser, that Advertiser will have access to your up-to-date profile, including Your resume and contact details (as updated by you from time to time).

All information provided when creating a JobTotal Profile (including your name, resume, email address, telephone numbers, employment and educational history) may be used by Us for the purpose of improving placement opportunities for you or for tailoring specific products to you.

Registered Users can modify the owned JobTotal Profile, resume or modify the privacy options in relation to their JobTotal Profile at any time, by going to the Profile area of Us.

Cookies and Log Files

We do not collect any personally identifiable information from You whilst You visit and browse the Service.  When You access the Service, We record Your visits only and do not collect Your personal information or data.  Our server software will also record the domain name, server, address and track the pages You visits and store such information in “cookies”, and gather and store information like internet protocol (IP) addresses, browser type, referring/exit pages, operating system, date/time stamp, and clickstream data in log files,  All these are done without You being aware that You are occurring.

You can choose to accept or decline cookies.  Most web browsers automatically accept cookies, but You can modify Your individual browser settings to decline cookies if You prefer.  However, You should note that disabling cookies on Your browser may prevent them from taking full advantage of the Service.

We do not link the information and data automatically collected in the above manner to any personally identifiable information.  We generally uses such automatically collected information and data to estimate the audience size of the Service, gauge the popularity of various parts of the Service, track Yours’ movements and number of entries in Our promotional activities and special events, measure Yours’ traffic patterns and administer the Service.  Such automatically collected information and data will not be disclosed save and except in accordance with the section headed “Disclosure/Transfer of Your Data”.

In addition, Our third party advertising companies may place cookies on some of the pages You visit.  These cookies are designed to collect non-personally identifiable information in order to analyze Yours’ interests and searches on the Service to help deliver more relevant advertisements when You visit Us and other websites.  The non-personally identifiable information collected by these cookies may be shared with other third parties for purpose of managing and targeting advertisements and for market research analysis.

Use of Your Personal Data

The Company may use Personal Data for the following purposes:

• To provide and maintain our Service, to assist You to find appropriate employment with Employers and to assist Employers to assess the suitability of candidates for job vacancy for a wide spectrum of jobs and industries (including using artificial intelligence (“AI”) and data analytics in relation to personal information in order to improve JobTotal’s ability to find appropriate employment for You) ; including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with newsletters, job openings, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.
• To verify the identity of You who have posted advertisements, materials, representations, messages, views or comments or such other information.
• To identify You who have viewed and information posted.
• For purposes other than the above mentioned which are related to Affiliates’ provision of and or marketing of their product and/or services as We may deem fit.

We may share Your personal information in the following situations:

• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
• For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case We will require those affiliates to honor this Privacy Policy.  Affiliates include Our Company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.  If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.

Retention of Your Personal Data

We will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy.  We will retain and use Your Personal Data to the extent necessary to comply with Our legal obligations, meet regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce Our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes.  Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located.  It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

We will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us.  If You click on any advertisement or a third party link, You will be directed to that third party’s site which grants You access to another website, the protection of Yours personal information and data which are deemed to be private and confidential may be exposed in these other websites.  We strongly advise You to review the Privacy Policy of every site You visit.

Non-registered Users who gain access to Our Service via their accounts in online social networking tools (including but not limited to Facebook and Google) are deemed to have agreed to the terms of this Privacy Policy, and such Users’ personal data which they have provided to those networking tools may be obtained by Us and be used by Us and its authorized persons in and outside of the User’s country for the purpose of providing services and marketing materials to the Users (except where express consent is required by law).

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Testimonials

We post Yours’ testimonials on the Service, which may contain personally identifiable information such as the Yours’ names.  We do obtain Yours’ consent prior to posting the testimonials to post Your names along with Your testimonials.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, We will always strive to ensure that Yours’ personal information and data will be protected against unauthorized access.  We have implemented appropriate electronic and managerial measures in order to safeguard, protect and secure Yours’ personal information and data.

All personal information and data provided by You are only accessible by the authorized personnel of Us or its authorized third parties, and such personnel shall be instructed to observe the terms of this Privacy Policy when accessing such personal information and data.  You may rest assured that your personal information and data will only be kept for as long as is necessary to fulfill the purpose for which it is collected. Registered User should safeguard his/her unique Username and Password by keeping it secret and confidential and never share these details with anyone.

We use a third-party service provider to facilitate the electronic payment transactions on Our Service.

We follow generally accepted industry standards to protect the personal information and data submitted by You, both during transmission and once We receives it.  But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure.  While We strives to use commercially acceptable means to protect Your personal information and data, We cannot guarantee its absolute security.

Detailed Information on the Processing of Your Personal Data

Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.

Email Marketing

We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You.  You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instruction provided in any email We send or by contacting Us.

Children’s Privacy

Our Service does not address anyone under the age of 13.  We do not knowingly collect personally identifiable information from anyone under the age of 13.  If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us.  If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

Changes to this Privacy Policy

We reserve the right to update, revise, modify or amend this Privacy Policy at any time as We deems necessary.  If We decide to update, revise, modify or amend this Privacy Policy, We will post those changes to this webpage and/or other places We deems appropriate so that You would be aware of what We collect, how We use it, and under what circumstances, if any, We disclose it.

If We make material changes to this Privacy Policy, We will notify You on this webpage, by email, or by means of a notice on the home page of Us and /or take further action as required by law.  To the extent permitted by law, such changes to this Privacy Policy shall apply from the time that We post the same on this webpage, and Yours continued use of Our services shall constitute acceptance of the changes to this Privacy Policy.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are strongly recommended to review this Privacy Policy periodically for any changes.  Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

• By email: [email protected]
• By visiting this page on our website: http://www.jobtotal.hk
• By phone number: 852 5315 2688
• By mail: Room 1056-57 & 1065-66, 10/F, New East Sun Ind Building, 18 Shing Yip Street, Kwun Tong, Kowloon, Hong Kong.