1. Terms of Use and Privacy Policy

Last Updated: April 20th, 2017

These Terms of Use (“Terms”) govern our relationship with users of Pointo Talent (“Pointo”, “us”, “we”, “our”). By using or accessing our services on the Pointo website, app and/or other platform(s) (the “Services”), you agree to these Terms, as updated from time to time and the applicable platform user agreement. Please read these Terms of Use carefully before you start to use our Services, as these will apply to your the Services.

 

By using the Services, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use the Site. As set out below, breach of these Terms of Use may result in your account with the Services being terminated.

 

By using our Site or any of our Services, you represent that you are at least 18 years old and hereby indicate your unconditional acceptance of these terms.

 

By accessing or using the Services, you signify that you have read, understood and agree to be bound by these Terms of Use.

In addition, we encourage you to read our FAQ section https://pointo-talent.com/faq to learn more about how Pointo works.

1.1. About us

Pointo Recruitment Ltd seeks to leverage the knowledge of real subject matter experts to find the right match for a job position irrespectively of their current professional status, experience, background and non-professional circumstances. We believe this will help companies incorporating hard to find skill sets and to boost their workforce diversity. Pointo Recruitment Ltd is a private limited company incorporated in England and Wales under company number 10268841 and has its registered office at 45B Westbourne Gardens, London W2 5NR, UK.

 

1.2. Changes To These Terms

 

We may revise these Terms of Use at any time by amending this page. If we do this, we will notify you of the changed Terms of Use and will indicate at the top of this page the date the Terms of Use were last changed.

 

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

 

You understand and agree that your continued use of the Services and/or Site constitutes your acceptance of the new Terms of Use.

 

1.3. Privacy

We value your privacy at Pointo. We designed our Privacy Policy to explain how we collect and use your content and information. You can find our Privacy Policy at the end of this page.

1.4. Use of Services

Pointo provides talent search services whereby a person at a hiring company (“Hiring Manager”) specifies a position they’d like to fill and designates a number of trusted individuals (“Seeds”) to either refer potential candidates or to refer other trusted individuals (“Referrers”) who can, in turn, refer candidates or other Referrers. A person contacted by a Seed or a Referrer may apply for the job position through the services, and will in turn become a candidate (“Candidate”). The Seed that initiated the search where a Candidate applies for the job then performs a validation of the Candidate and either rejects them or approves them. Approved Candidates are presented to the Hiring Manager. If the Hiring Manager ends up hiring a Candidate (“Successful Search”), all the Referrers who connected the Candidate to the Hiring Manager are paid a reward (“Reward”). The hiring company pays a fee to Pointo (“Subscription Fee”) for each Successful Search, from where Pointo derives the Reward.

By using our Services as a Hiring Manager, you confirm that you are authorized to use Pointo on behalf of your company and that your company will make all required payments to us, including any Subscription Fee that you and Pointo set for filling a job opening, unless we have authorized you in writing to make a portion of a monetary Reward payment or deliver a non-monetary Reward directly to a Referrer or Seed. You, on behalf of your company, agree to notify us immediately through the corresponding option in our Services when a Candidate accepts an offer, and to pay or deliver the Reward to Pointo. You agree not to make an offer to a Candidate found through the Services once the process is closed and the Candidate in question has been discarded within the Services, during 6 months after the process is closed. We reserve the right to monitor, during this period, the Candidate’s public information to understand if they have changed jobs to the hiring company as an effort to check the compliance of these Terms.

 

By using our Services as a Referrer, you agree to refer job positions only to individuals who you, in good faith, believe can help in finding the right candidate, or to individuals who you, in good faith, believe fit the requirements for the position to fill or are interesting for the position even if they don’t fit the requirements perfectly. You also agree to notify us immediately after you become aware that a Candidate you referred or that you helped find accepted an offer for the position being sought to fill, if Pointo doesn’t notify you earlier about this event. You also understand that you must refer Candidates or other referrers through our Services, and that should you do it through any other means Pointo cannot determine which referrers were part of a successful Candidate search and therefore will not pay the Reward to them.

By using our Services as a Candidate, you agree to notify us immediately when you accept an offer from an employer that got in touch with you through a Pointo candidate search, in case you haven’t received any communication from our side acknowledging this particular event.

 

By using our Services as a Seed, you agree to comply with the provisions specified for Referrers and, in addition, to perform a preliminary validation for the fit of the Candidates found through the Services, accepting those who, in your best knowledge and in good faith, you find to be a potential good fit for the position, and rejecting those who aren’t.

1.5. Receiving Alerts

As a registered user of the Site, you agree to receive emails and alerts from us regarding the Services. You accept that, on occasion, you may receive automatic alerts, push notifications, SMS or email messages containing information about the Services and ways in which we seek to enhance the Services.

 

Automatic alerts may be sent to you following certain changes made to your account such as any changes to your account information.

1.6. Reward Payment Terms

When a Hiring Manager posts a job description on Pointo, he or she will work with us to set the type and amount of the distributed Reward. In our sole discretion, we may pay a portion of the cost or expenses of the Reward. The employer must pay its portion of the Reward in full, or deliver the Reward, to Pointo at the end of the probation period for the Candidate, or if the hiring company doesn’t establish one, within 30 days of the Candidate’s acceptance of the offer, unless we have authorized the Hiring Manager in writing to make a portion of a monetary Reward payment, or deliver a non- monetary Reward, directly to a Referrer. We may take up to 50% of any monetary Reward, or other amount agreed to with the Hiring Manager in the case of a non-monetary Reward, as a service fee and then distribute the remainder of the monetary Reward, or deliver the Reward, to the Referrers that took part in the search path to the hired Candidate, subject to their compliance with our terms and conditions.

As a Hiring Manager or hiring company, you can fund your Reward payment using a bank account transfer upon reception of the invoice emitted by Pointo for the talent search services used by the Hiring Manager.

 

As a Referrer or Seed, you must provide us with your payment details (bank account IBAN number, swift code) and tax identification (personal ID, tax ID, social security number, depending on the country) in order for us to execute the payment. Failure to do so will delay our paying the corresponding Reward. With the payment and tax identification information, Pointo will automatically create an invoice issued by the Referrer(s) and Seed that must receive a payment and proceed to the payment of such Reward based on that invoice.

Our determination of the amounts payable by and to you is final and binding. We are not required to make any payments or deliver any Rewards to Referrers or Seeds if we have not received full payment from the employer or Hiring Manager. Once we have done so, we will proceed to forward the corresponding Reward to the Referrer(s) within 15 days of funds received by the hiring company.

1.7. Taxes

Employers, and recipients of any portion of a Reward, are responsible for all applicable tax payments and all filings and reports required by governmental bodies in connection with their Subscription or Reward, respectively. Pointo will not perform any Tax withholdings in the invoices it generates automatically on the name of the Referrers issued to Pointo.

1.8. Your Responsibilities

You are responsible for your conduct. Below are the general commitments you make to us about your use of our Services:

  • You will accept responsibility for all activities and transactions that occur under your account.
  • You will be financially responsible for your use of our Services, including making all payments to Pointo in accordance with these Terms, in the case of Hiring Managers or hiring companies, or making all necessary tax payments in the case of Referrers that receive an award.
  • You will comply with all applicable laws when using or accessing the Services.

 

1.9. Registration

Pointo requires Referrers and Candidates to connect to the platform using their Linkedin accounts. This allows us to keep a clean onboarding and referring process, where only real information can be used. Below are the commitments you make to us about the registration of your Pointo account:

  • As a Referrer or Candidate, you will not create an account for anyone other than yourself. That is, you will only use your real Linkedin account to link to the Services.
  • You will not use the Services if you are under 18 years old.
  • You will not provide any false personal information.
  • If we disable your account, you will not create another one without our permission.

1.10. Safety

We do our best to keep Pointo safe, but we can’t guarantee it. Your help is invaluable to our efforts. Below are the commitments you make to us to help keep Pointo safe:

  • You will maintain the confidentiality of your account information.
  • You will not solicit login information or access an account belonging to someone else.
  • You will not tamper with the information, accounts or activity of other users.
  • You will not impersonate or misrepresent your affiliation with any person or entity.
  • You will not upload viruses or other malicious code.
  • You will not use robots, spiders, scrapers or other automated means or interface to collect the content or information of other users, or to otherwise access the Pointo website or app, without our prior permission.
  • You will not transmit any unauthorized commercial communications, such as spam.
  • You will not represent that Pointo endorsed you or your content without our permission.
  • You will not bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Pointo website or app, except as otherwise expressly permitted by law.
  • You will not do anything that could disable, overburden or impair the proper working or appearance of the Pointo website or app, such as a denial of service attack.
  • You will not facilitate or encourage any violations of these Terms.

 

1.11. Changes to Services

We constantly change and improve our Services to better serve our users. In turn, we may add, alter or remove features and functions from the Services at any time without prior notice if such change does not negatively impact your payment or collection obligations and rights. If it does, we will give notice with at least 30 days in advance.

1.12. Support

We will provide support and use commercially reasonable efforts to ensure that the Services are provided as advertised.

1.13. Termination

You are free to stop using our Services at any time. We also reserve the right to suspend or end our Services at any time at our discretion. Suspension or termination does not relieve you or any person or entity of its obligations under these Terms or the amounts owed to Pointo prior to such suspension or termination. Pointo is equally obliged to complete any pending outstanding payments as rewards to Referrers.

 

If you are a Referrer taking part in an open candidate search process and you decide to leave the process, the referrals you may have made will be considered, to the effect of reward payment should it be the case, as directly made by the person who introduced you into the candidate search.

 

If you are a Referrer taking part in an open candidate search process and the person who introduced you into the search (who referred you) decides to leave the process, you will be considered as being introduced into the process by the person who originally introduced the person who referred you. This has implications in the amount you may receive as a reward in the case of a successful candidate search (a candidate is found through you and she/he is hired). You and the chain of people who connects you to the successful candidate will be entitled to a larger reward.

 

If a Candidate that has applied through Pointo, is pre-approved by the Seed and is finally made an offer by the hiring company, decides to terminate their account in Pointo before accepting the hiring company’s offer, the Hiring Manager will still have to perform the payment for using the Services.

1.14. Disputes

We have the right, but not the obligation, to resolve disputes between users relating to Pointo, which will be final and binding. Our resolution of a particular dispute does not create an obligation to resolve any other dispute.

1.15. Intellectual Property

Neither these Terms nor your use of our Services grants you ownership in our Services or the content you access through our Services (the “Content”). We own all intellectual property rights in and related to the Services and the Content.

 

If you use our Services as a Hiring Manager, we may identify your company by name and logo as a Pointo user on our website, app and other promotional materials.

1.16. Governing Law

These terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England will have non-exclusive jurisdiction. Your use of Pointo may also be subject to other local, state, national, or international laws. It is your sole responsibility to comply with these other laws when applicable.

 

1.17. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, YOUR REFERRING ACTIVITY, YOUR HIRING THROUGH THE SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF POINTO WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER POINTO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, OR THE POINTO CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR POINTO CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR FROM YOUR POSTING ANY JOB VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT POINTO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

1.18. Indemnification

You agree to release, defend, indemnify, and hold POINTO and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Pointo Content or your violation of these Terms; (b) your

(i) interaction with any User,

(ii) posting a job,

(iii) referring other Users

(iv) pre-approving a Candidate

(v) hiring a Candidate by the Hiring Manager or the hiring company including, but not limited to, any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such hire.

 

2. Privacy Policy

This policy describes our practices regarding personally identifiable information and data (“personal information”). This policy applies to our websites, mobile applications, email and text messages, and social media accounts. When you use any of these, you agree to the terms in this policy. If you have any questions about this policy, please contact us at privacy@pointo-talent.com

2.1. What do we collect?

When you use Pointo with a web browser, we collect information from you. Some of this information may be personal information. This information might include technical information such as IP address, screen resolution, browser used, operating system,  settings, access times and browsing activity inside our Services. It might also include web referral information, which keeps track how you arrived to a Pointo web site.

When you use the Pointo from a mobile device, the technical information we collect may include your device model, settings, location and software version.

When you refer someone for a position, we collect their email address and the fact that you are connected to this person.

 

When you use LinkedIn to sign up for and log into Pointo, we collect your name, photo, position and email from LinkedIn.

2.2. How do we use it?

Pointo uses technical information from your phone or web browser to maintain and improve our service — essentially, to help you find people you know to be job candidates or refer jobs to others.

Your personal information is only available in Pointo to the following people, and only for the purposes of performing candidate searches and improving our Services: (1) people who introduced you into Pointo by giving us your email address (2) people who you introduce to Pointo by giving us their email address, (3) if you apply to a position, the Seed that needs to review your candidacy, (4) if you apply to a position and are pre-approved by the Seed, the Hiring Manager principals at the employer. Pointo personnel that handles customer accounts and performs technical management may also have access to your information during routine customer service and technical maintenance activities.

2.3. What are cookies and how does Pointo use them?

Cookies are bits of data saved to your browser. Pointo uses them primarily as a tracking mechanism: we use them to identify you and maintain your session on the Services. We may use other local storage techniques in your browser (localStorage, globalStorage), always with the same intention of providing the Services.

2.4. What about data from third parties?

When you use Pointo, you will grant access to personal information from other services, such as LinkedIn, so we can check your identity.

2.5. How old do you have to be to use Pointo?

Pointo is a service for adults and does not knowingly allow anyone under 18 years old to use the service.

2.6. Personal info shared with third parties

Pointo does not supply your personal information to third parties, with the exception of technical data that may be provided to third parties providing services to us. For example, Pointo uses a third party for email, and needs to share your email address with that provider so it can perform the task of sending all the emails that are required to provide the Services.

We do not rent or sell your personal information to third parties for any other purpose.