1. Introduction
These Terms of Use, between Alexander Mann Solutions (“AMS”), NQC Ltd (“NQC”), and you as the end User (hereafter referred to as “You” or ”Your”), govern your access and use of the Public Sector Resourcing Service (“the System”).
The Purpose (hereafter the “Purpose” or “Purposes”) of the System is to provide You with information about contingent worker assignments available in the public sector, and for You to provide Your profile information to AMS, for the purposes of contacting you regarding suitable assignments in the UK public sector.
2. Definitions
“Force Majeure” means any cause affecting the performance by either AMS or NQC Ltd of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but without limiting the generality thereof) governmental regulations, fire, flood, or any disaster or an industrial dispute affecting a third party for which a substitute third party is not reasonably available. Any act, event, omission, happening or non-happening will only be considered Force Majeure if it is not attributable to the wilful act, neglect or failure to take reasonable precautions of the affected party, its agents or employees or the failure of either AMS or NQC Ltd to perform its obligations under these Terms of Use.
“Intellectual Property” means any patent, copyright, database right, moral right, design right (whether registered or unregistered), trade mark, service mark, domain name, know-how, utility model, unregistered design or, where relevant, any application for any such right, or other industrial or intellectual property right.
“Registration Profile” means Your registration containing personal information, work experience/history, education background, professional capabilities and job preferences. It can also mean the self-assessment questionnaire that can be completed by You, and is shared with AMS, consisting of information about You and/or Your company, such as financials, certifications and compliance, process and procedural details.
“System” means the Public Sector Resourcing Service provided for you to share work experience profile details with AMS.
“User” means an individual that has registered and been provided with access to the System either by the End User or by a member of the Buyer organisation.
“You” or “Your” means you as an end user of the System that has indicated their acceptance to be bound by these Terms of Use, and not a representative of AMS or NQC.
“Working Days” means 09:00-17:00 Monday to Friday in the United Kingdom and excluding Bank Holidays.
3. Access
The System is provided by NQC and exclusively licensed to AMS for the Purpose. AMS grants to You, free of charge, access to the System for the Purpose of providing a Registration Profile which will be uploaded, stored and retrieved from the System by AMS (and its respective User(s)). You acknowledge that by accessing the System, You agree to be bound by these Terms of Use.
AMS and/or NQC in their absolute discretion reserve the right to suspend or remove Your access to the System (and/or to block or remove access to some or all of Your details contained in it) without notice at any time. NQC and AMS also each separately reserve the right to suspend Your access to the System without notice for technical or legal reasons at any time.
4. Registration
To be granted access to the System, You must first register by providing the required registration data. You will then be provided with a Login and password which are strictly personal to You and are non-transferable. In the event that You become aware that a password may have been divulged, disclosed or discovered by any third party, You shall immediately notify AMS using the Contact Us link in the footer. You should inform AMS in the event that You no longer require access to the System. AMS retains the right to deactivate Your login and password if there has been no access for a period of ninety (90) days or more.
5. Your Obligations
- You agree that You shall only use the System to update Your Registration Profile for the Purposes;
- You shall ensure that You comply with these Terms of Use, as may be updated from time to time on the System, and in the event that there is any conflict between these Terms of Use and any such additional terms, then the provisions of such additional terms shall take precedence over these Terms of Use;
- You shall use all reasonable care and skill in performing Your obligations under these Terms of Use;
- You shall provide yourself with the equipment and software needed to access and use the System;
- You shall use reasonable endeavours to protect the System from viruses when being accessed and used by You; and
- You shall use the System for lawful and proper purposes only and shall, in any event, comply with all relevant laws, regulations and codes of practice within the UK or other jurisdiction from which You access the System.
In particular, You agree that You will:-
- Treat all information available to you via the System as confidential, and not share it with any third party;
- not post, transmit or disseminate any information on or via the System which is or may be harmful, obscene, defamatory or otherwise illegal;
- not use the System in a manner which causes or may cause an infringement of the rights of any other; and
- use reasonable endeavours not to use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the System, including uploading or making available files containing corrupt data or viruses via whatever means.
You shall be responsible for any unauthorised, false or fraudulent information that is submitted using Your login and password.
You represent and warrant to the best of Your knowledge that the information You provide using the System will be as accurate as possible and shall not mislead or misrepresent, but rightfully represent Your skills and capabilities.
AMS may use Your Registration Profile to identify that You might have relevant skills for a particular contingent worker assignment.
You acknowledge that AMS does not guarantee that You will be invited to apply for each and every contingent worker requirement that is advertised on the System.
7. Intellectual property rights
All Intellectual Property rights in the System are owned by, or are under licence to, AMS and/or NQC. You shall have no Intellectual Property rights in the System, nor shall You have any rights to copy, adapt, modify or interfere with the System. The System may include AMS and/or NQC's logos and/or trademarks. You acknowledge that You may not copy or make other use of such logos and/or trademarks without prior consent.
8. Data protection
In Your use and access of the System, You shall comply with any relevant data protection legislation and all relevant regulations together with any codes of conduct and guidance issued by the UK Information Commissioner from time to time and You shall not do or cause or permit to be done anything which may cause or otherwise result in a breach by AMS or NQC of the same.
You agree and acknowledge that NQC, operating on behalf of AMS, will hold and process Your personal data (including sensitive data) obtained from You. Further information about how your personal data is processed can be found in the Public Sector Resourcing Data Protection Statement held in The System.
Where AMS or NQC may be obliged to respond to a request for information or an apparent request for information under the Code of Practice on Access to Government Information, the Freedom of Information Act 2000, the Environmental Information Regulations 2004, or similar regulations, AMS shall be permitted to offer such assistance to and disclose such information to the relevant authorities as is required from time to time.
In the event that the data protection legislation is breached, You agree to indemnify and hold NQC and any person processing data on their behalf harmless against any claims costs or losses (of whatsoever nature).
9. Limitation of Liability
Nothing in these Terms of Use is intended to exclude or limit liability for death or personal injury or for fraud or fraudulent misrepresentation or for any other liability which it would not be not lawful to exclude or limit.
In no event shall AMS (or NQC) be liable to you for any loss or damages incurred by any person arising from the use of the System caused by:
- an event of Force Majeure that affects the availability and/or performance of the System;
- incorrect use of the System by You;
- connectivity failures in respect of the equipment used by You;
- breakdown of the System for a period of time not exceeding 30 Working Days; or
- breach of these Terms of Use other than by AMS (or NQC);
In no event shall AMS (or NQC) be liable to You:
- for any indirect or consequential loss (including without limitation reputational, contingent and/or speculative losses of any kind); or
You acknowledge and accept that:
- AMS and NQC reserve the right to interrupt and/or suspend the availability of the System and/or revoke access at any time without incurring any liability;
- AMS and NQC provide the System on an 'as is' basis and 'as available' basis without any warranty of any kind;
- AMS and NQC do not accept any liability for any information or links on the System that may refer You to external sources; and
- You agree to indemnify AMS (and NQC) in full against all claims, demands, actions or proceedings, (including legal and other professional advisers fees) made by any third party arising out of or in relation to breach of Your obligations under these Terms of Use.
AMS does not warrant that the functions contained in the material held in the System will be uninterrupted or error free, that defects will be corrected, or that the System or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.
10. Rights of Third Parties
These Terms of Use shall not create any rights that shall be enforceable by anyone other than AMS and You, unless expressly written in this Terms of Use.
11. Amendments to this Agreement
You acknowledge that AMS and NQC reserve the right to vary or amend these Terms of Use by publication of an updated version or notification or message on the System or through an email or letter to You, using the email address or postal address provided on Your Registration Profile.
The amendments shall be deemed to have been accepted by You unless AMS, or NQC, receives, within seven (7) days of the date of the publication a written communication from You expressing refusal of the amendments and Your intention to cease further use of the System within the following 30 days. (in which case the contract within The System between AMS and You shall come to an end without further liability on either side upon such termination (other than for breaches prior to the date of such termination).
In any case, Your continued or recommenced use of the System after such a thirty (30) day period shall represent Your unconditional acceptance of the amendments in their entirety (notwithstanding any expressed refusal of the amendments and intention to withdraw).
12. Acceptable Use Policy
Your use of the System means that You agree to comply with the System's Acceptable Use Policy at all times and to indemnify AMS, NQC and any affected third parties in the event of their breach of the same.
13. General
The waiver by either party of any breach of these Terms of Use shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.
If at any time any part of these Terms of Use is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from these Terms of Use and the validity and/or enforceability of the remaining provisions of these Terms of Use shall not in any way be affected or impaired as a result of that omission.
14. Law and Jurisdiction
These Terms of Use and any dispute or claim arising out of or in connection with them shall be governed by, and construed in accordance with, the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales to which the parties irrevocably submit.
15. Interpretations
The headings to clauses are inserted for convenience only and shall not affect the interpretation or construction of these Terms of Use.
Singular use of words shall include the plural and vice versa. Words imparting a gender include every gender and references to persons include an individual, company, corporation, firm or partnership.
The words and phrases "other", "including" and "in particular" shall not imit the generality of any preceding words or be construed as being limited to the same class as any preceding words where a wider construction is possible.
References to any statute or statutory provision shall include (i) any subordinate legislation made under it, (ii) any provision which it has modified or re-enacted (whether with or without modification), and (iii) any provision which subsequently supersedes it or re-enacts it (whether with or without modification).
Public Sector Resourcing, a service operated by AMS - Data Protection Statement
This statement outlines how Public Sector Resourcing (PSR), a service operated by AMS working in partnership with the UK Government and wider public sector organisations will process your personal data when you apply for a role under the PSR framework. Both AMS and our UK Government or the wider public sector organisations are acting as a data controller, in some circumstances are joint controllers, and in some circumstances AMS are operating as a data processor on behalf of the UK government or wider public sector organisation.
Where AMS identify you directly for an assignment under the PSR Framework, then AMS will be a data controller, with the UK government or wider public sector organisation also being a data controller. Some aspects of the services the parties may be joint controllers.
Where the UK government or the wider public sector organisation identify you for an assignment and provide your details to AMS or an AMS supplier to manage the assignment under the PSR framework, then AMS will be operating as a data processor, and the UK government or wider public sector organisation will be the data controller.
What information will our client and AMS collect and where do we get it from?
We collect and hold personal data about you, including your name, date of birth, address, and other personal information. We also hold information about your work or profession, your education, and your nationality; details of when you contact us and when we contact you; and other information that you supply to us or that we obtain from our relationship with you. We may also ask you to provide ‘special category’ information about yourself (e.g. information about your health). Further information about how we use special category information is available later in this notice.
Most of the information may be provided by you directly, your nominated referees, or a third party acting on your behalf (e.g. recruitment agency), or our service providers. We may also collect information from other third parties such as job boards, CV Libraries, or business based social networking sites.
If you are successful and offered an assignment under the PSR framework, we’ll collect and share your information with our pre-assignment screening providers and other suppliers (e.g. fraud prevention agencies) as part of our onboarding checks. This is so we can check the information you’ve provided to us is accurate, and to prevent criminal activity.
How will AMS and our client use the information that you provide?
Personal data that you supply to us will be used for the following, collectively the ‘Purposes’:
- the purpose of processing your application for an assignment under the PSR framework and if successful,
- managing your contract;
- identifying who you are;
- matching your details to any future suitable assignments;
- contacting you about the services we offer or specific assignments;
- assisting you with the decision as to best engagement model;
- administer any interviews and psychometric tests;
- undertaking surveys;
- preventing and detecting fraud and crime;
- meeting our legal and regulatory obligations;
- in an aggregated form to develop market intelligence;
- performing diversity assessments.
AMS will treat all personal data (whether special category or not) as private and confidential except where we are permitted or required by law to make a disclosure or where the disclosure is necessary for the Purposes.
We’ll process your information in this way when it’s required as part of entering into a contract or service agreement/statement of work under the PSR framework.
In certain circumstances, we have a legal obligation to collect and use information about you (e.g. information to support your eligibility and right to work in the UK, or for meeting the intermediaries reporting requirements). We may use your information where it is in the legitimate interests of AMS – primarily so that we can act on your request if you show an interest to working under the PSR framework and ensure we uphold our duties as a responsible organisation by recruiting suitable candidates. It is also in our interests to follow the guidance and best practice of our regulators to protect our client and its members by completing checks on our potential contingent workers. We’ll always ensure the way we process your information is safe and not unfair to you.
Sometimes we will collect, or you might want to give us, information that we call ‘special category data’. This could be information about your health so that we can make reasonable adjustments for you during your recruitment journey, or in the workplace if you are offered an assignment. It could also be information about your ethnicity, religion, or sexual orientation by monitoring the fair operation of our engagement practices. Where we collect information about your ethnicity, religion or sexual orientation, this information will not be used for decision making in the recruitment process.
Normally we will collect this information to ensure that we can comply with our legal obligations. You will be asked whether you wish to provide this information and we will provide you with the option to ‘prefer not to say’.
Please note, for contingent workers based in Northern Ireland, we collect information about your religion. We will ask for you to provide this information as part of our obligations to the Equality Commission of Northern Ireland.
Unless AMS or our client are required by law, you are under no obligation to provide your personal data to AMS or our client. Should you choose not to provide your personal data, or you request that AMS or our client delete your personal data, we will be unable to engage you under the PSR framework.
How long will our client keep your data for under the PSR framework?
AMS will keep your personal data for the purposes of matching your details to a potential future assignment for as long as is necessary to achieve the Purposes, which may be for the duration of your career, or until such point that either you ask us to delete the personal data, or we believe that there is no realistic prospect of AMS identifying a potential future assignment. We will contact you periodically to request an update of your personal information, and to remind you of your rights under the Privacy Notice.
Where you are presented to our client and additional data is collected or created during the application, sourcing and selection, or screening process and your application is unsuccessful, AMS will retain that information for 12 months, after which it will be deleted or anonymised.
If you are engaged to provide services to our client under the PSR framework, then AMS will need to hold your personal data for the length of any assignment and for as long thereafter as may be required to ensure compliance with statutory and other obligations. Typically, will be for 7 years after the point that your last assignment ends, however in some limited circumstances this may be longer for example your information may be kept longer than 7 years if the assignment was terminated immediately for serious breach of contract or there is a pending investigation.
A description of your rights
You have a right to request a copy of the information that we hold about you. If you would like a copy of some or all the personal data we hold, you can submit a request using our individual rights online request form here.
We want to make sure that your personal data is accurate and up to date. You may ask us to correct or remove data that you think is inaccurate.
You have a right to request that we restrict processing, to object to decisions made by automated means, and also to ask us to provide the personal data that we hold in a machine-readable format for the purposes of transferring it to another organisation at your request.
You may request any of the above or the removal of your personal data from AMS’ systems at any time by submitting a request using our individual rights online request form here. We may not always be able to comply with your request immediately – for example, if we need to retain your personal data for a certain period for legal reasons, or for the purposes of defending a legal claim.
You also have a right to make a data protection complaint to the Information Commissioner’s Office in the UK if you think we are mishandling your personal data. You can contact them at https://ico.org.uk/
Who do AMS and our clients share your personal data with?
To process your application (and, if successful, manage your assignment), we may need to pass your information to other AMS companies, clients under the PSR Framework, and nominated suppliers for progressing the Purposes described above. These could include client or AMS technology providers, insurance companies, credit checking agencies, fraud prevention agencies, third party screening providers, payroll providers, and government bodies, as well as third parties that you provide us, such as your referees.
Your personal data will be processed by AMS under the PSR Framework within the UK, or the European Union and any personal data provided by you will be stored within the UK or the European Union. When working with our suppliers and/or transferring information to other organisations, we take appropriate steps to ensure that there are adequate steps taken to prevent the data being further transferred outside the UK or the European Union.
Should you wish to get further information about the safeguards applied to the transfer of your personal data, please contact the AMS Privacy Office for more information at dataprotection@weareams.com
How will AMS protect your personal data?
AMS and our clients are committed to protecting the security of your personal information. A variety of security technologies, contractual controls, industry leading standards (such as ISO27001), Cyber Essentials Plus, policies and procedures are used to help protect your personal information from unauthorised access, use, or disclosure.
Changes to this privacy policy
We keep our privacy policy under regular review. Any substantial changes to the way in which we process personal data will be notified by sending an updated copy to the email address that you provide to us.
How to contact AMS
Please contact us if you have any queries about our privacy policy or the information, we hold about you. You can reach us: by sending an email to dataprotection@weareams.com; or by writing to our Data Protection Officer at AMS, 7-11 Bishopsgate, London, EC2N 3AQ
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