Welcome to Ascend Staffing or Ascend Works
You are about to conclude a legally binding agreement
Please read these Terms carefully. They govern your access to and use of the our Website or Application (the “Website or App”) and our website with the domain name ‘ascendstaffing.com’ or Mobile Application called ‘Ascend Works’, also called ‘Tempbuddy’ (each an “Website or App”) and the Content and services available through the Website or App.
If you do not agree with these terms you may not use the Website or App.
We are Ascend Staffing, partnering with Tempbuddy Limited, a company incorporated under the laws of Ireland under company number 535776 with our registered office at 68 Pleasants Place, Dublin 8, Ireland (“Tempbuddy” or “we” or “us”). If you are using the Website or App, you agree, warrant and represent that you are entering into these terms as an employee/worker of your employment agency (the “Agency”) or as an individual seeking work and you are referred to in these Terms as a “User”.
2 These Terms
We provide and make available, and you use and access, the Website or App and the Content and services on or available through it subject to these Terms. You agree to be bound by these Terms by downloading or installing the Website or App, or by creating a user account on the Tempbuddy online portal/platform. We reserve the right to vary these Terms at any time. If we do so, the updated terms will be posted on the Terms page when the alteration is made. By using the Website or App after that, you agree to the revised Terms. None of these Terms will be interpreted so as to deprive you of any rights you may have under mandatory Irish or other Website or Applicable law.
3 The Website or App
The Website or App is a piece of software provided to Users to conveniently report information useful to their employer. The Website or App is designed to allow a User check-in to a current temporary employment assignment (an “Assignment”). It also enables a User receive further Assignments and messages from Tempbuddy and the Agency. You can use the Website or App for your personal use only. To download, install, access or use the Website or App, you must be 18 years of age or over. If you are under 18 and you wish to use download, install, access or use the Website or App, you must get consent from your parent or guardian before doing so. Access to the Website or App is permitted on a temporary basis, and we reserve the right to withdraw or amend the Website or App or any Content or services on or available through it without notice. We are not liable if for any reason the Website or App or any Content or services on or available through it are unavailable at any time or for any period. We can restrict access to some or all parts of the Website or App or the Content or services on or available through it to Users who have successfully registered with us for relevant services or Content. You are responsible for making all arrangements necessary for you to have access to the Website or App, including, but not limited to, maintaining a balance of sufficient credit on your mobile device, otherwise ensuring access to your mobile data network, ensuring a sufficient charge in the device’s battery and keeping the device in your possession. While we may take precautions against security breaches, no website, Website or Application or Internet transmission is completely secure, and as such, you acknowledge that neither we nor third parties connected to us shall be liable for damages, costs or losses, that may result from interruption or interception of communications or unauthorized access or hacking. We cannot guarantee the privacy and security of such communications. The Website or App is independent of any device on which it is located. Your download, installation, access to and use of the Website or App may also be governed by the terms and conditions of your mobile or internet provider. You agree that your use of the Website or App is for your benefit to report information to your Agency or Employer and to facilitate more efficient processing of your Assignments, timesheets and pay claims. You agree that by using the Website or App you are asking us to supply your information to your Agency or Employer for your benefit and by your own choice.
4 Checking-in to an Assignment
To check-in to an Assignment from your mobile device, you must select the [check-in] icon from the Website or App options. When checking-in, the Website or App will ask you to capture your photograph and this image may later be verified this image against your User photograph that you provided when signing up to the Website or App or your Tempbuddy account. Please note that if your check-in location, date and/or time does not correspond with the allocated date, time and location, this may be indicated on your timesheet and subject to review by individual who is signing off. Prior to an Assignment, the Website or App will transmit the location of your mobile device to Tempbuddy. If this location is not within a specific range of the Assignment location, an alert will be triggered and sent to the Agency that has issued your Assignment.
Your mobile or internet provider may charge you network fees as a result of your download or use of the Website or App. You are solely responsible for any such fees.
6 Our Intellectual Property
We are the owner or the licensee of all Intellectual Property rights in the Website or App, the Website or App’s content, including the Website or App’s “look and feel” (collectively the “Content”). The Content is protected by copyright laws and other intellectual property laws (including laws related to patents, trade marks, designs, database rights, sui generis rights and other proprietary rights). All such rights are reserved. You may not make alterations, copies, extractions, modifications, or additions to the Content, or sell, copy, distribute, disseminate or licence it, or misuse the Content in any way. If you want to re-publish, extract, reproduce, disseminate or otherwise use the Content, you must contact us in advance for written permission except if otherwise expressly provided in these Terms. This is without prejudice to any rights you may have under Website or Applicable mandatory law. If you breach this clause 6 your right to use our Website or App ceases immediately. You acknowledge and agree that any breach of this clause 5 will cause us irreparable harm for which damages are not an adequate remedy and that we may seek interim, preliminary or protective relief from any competent court to restrain your anticipated or actual breach of this clause 6.
7 Use of Website or App by User
We hereby grant you a non-exclusive, revocable licence to use the Website or App solely to access the Content subject always to these Terms. You hereby agree to indemnify, defend and hold harmless and to keep fully and effectively indemnified, defended and held harmless Tempbuddy and our officers, agents, partners and employees against all losses, expenses, damages and costs from and against any and all liability and costs, including, without limitation, reasonable lawyers’ fees, incurred in connection with any claim arising out of your use of the Website or App, any false, misleading of inaccurate information provided by you, any ratings submitted in relation to your Agencies or Agency client companies or direct Employers or client companies, or any breach by you or any person to whom you have given access to your account of these Terms, including in particular this clause 7. You shall cooperate fully as reasonably required by Tempbuddy in the defence of any such claim. You warrant and undertake that any information provided by you is true, accurate and independent and that, in particular, any ratings submitted through your Tempbuddy Account regarding either Agencies or Agency client companies or direct Employers or client companies are made in good faith and are not malicious, fraudulent, defamatory, vexatious or made in concert with others.
8 Third Party Content and Websites
9 Improper use of the Website or App
You may not use the Website or App in any manner that could damage, disable, overburden, or impair it, its servers, or the network(s) connected to the server, or interfere with any other party’s use and enjoyment of the Website or App and services on or available through it. You may only download the Website or App from a store Website or Approved by us and may not install the Website or App on a jail-broken or rooted device. You may not hack into or insert malicious code into the Website or App. You may not attempt to gain unauthorized access to any services, parts of the Website or App, other accounts, computer systems or networks connected to any server through hacking, password mining or any other means. You may not obtain or attempt to obtain any Content, materials or information through any means not intentionally made available to you. Illegal and/or unauthorized use of the Website or App, Content or services on or available through it will be investigated and Website or Appropriate legal action may be taken.
10 Data Protection
Use of the Website or App is entirely at your own risk and you assume full responsibility and risk of loss resulting from the use of, viewing, access to, relying on, installing, or downloading from, the Website or App and/or Content. To the fullest extent permitted by Website or Applicable law, you agree that we are not liable for loss or damages arising out of your use, or your inability to use, the Website or App or any Content or services accessible through it. The Website or App and Content or services on or accessible through it are provided on an “as is” basis and we make no undertaking, representation or warranty:
- regarding the completeness or accuracy, reliability or timeliness of any of the Content;
• that the Website or App, its server or the Content is free from defects, errors, viruses, bugs or other harmful elements;
• in relation to availability and/or uninterrupted use of the Website or App or Content,
and we expressly disclaim all such warranties, representations and undertakings to the maximum extent permitted by law.
You should check that the Website or App is compatible with all hardware and software you use. We are not liable for damage to, or viruses or other code that may affect, any equipment (including any computer, tablet, mobile or other device), software, data or other property as a result of your download, installation, access to or use of the Website or App. We are not liable to you for (i) any loss of income, business, revenue or profits; (ii) any loss or corruption of data; (iii) any corruption or damage to equipment device, hardware or software; or (iv) any loss or damage which was not foreseeable to both you and us. If we have any liability to you, it is in all cases limited in aggregate to one hundred euro (€100) only (except in the case of death or personal injury resulting from our act or omission). You are liable to us for any loss, damage or harm suffered or incurred by us as a result of your breach of these Terms.
Events Beyond our Control.
We are not in breach of these Terms or liable to you if there is any total or partial failure of performance of any of our duties and obligations resulting from any act or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer dealing or settlement system, failure of or delay in the transmission of communications, prevention from or hindrance in obtaining any energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond our reasonable control.
You must send any formal notice under these Terms to us by sending it in writing to our postal address, namely:
40 Dame Street,
If, at any time, any provision of these Terms is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of these Terms (including the remainder of a provision where only part of it is or has become illegal, invalid or unenforceable).
The exercise by us of any of our rights under these Terms is without prejudice to any of our other rights and remedies. The provisions of these Terms may only be waived by Tempbuddy in writing by express reference to the provision in question. No delay, neglect or forbearance on the part of Tempbuddy in enforcing any provision of these Terms is a waiver, or in any way prejudices any right of Tempbuddy under these Terms. A waiver by Tempbuddy of any breach of any of the provisions of these Terms does not constitute a general waiver of such provision or of any subsequent act contrary to it.
These Terms are personal to you and may not be transferred or assigned to anyone else. We may assign, transfer or otherwise dispose of all or any of our rights or obligations under these Terms, in whole or in part, by prior notice to you, provided that in doing so we do not materially prejudice your interests under these Terms.
17 Entire Agreement
18 Governing Law
18.1 The laws of Ireland Website or Apply to the Terms (and any matter or dispute arising out of or in connection with them) and, subject to Clause 18.2, the courts of Ireland have exclusive jurisdiction in connection with the Terms and all such matters and disputes.
18.2 Notwithstanding Clause 18.1, you agree that we may seek interim, preliminary or protective relief before the competent courts of any jurisdiction.
You may terminate these Terms at any time, and without penalty, by cancelling your subscription to the Website or App. This may be contrary to your obligations to or the expectations of your Agency. We may terminate these Terms at any time for any or no reason. If we terminate the Terms for a reason other than your breach of these Terms, we will refund the subscription charges pro-rated for the remaining period of your subscription. The following clauses will survive the termination of these Terms: If you are acting as a User: Clauses 1, 3, 6 and 8 through 19 (inclusive).
20 Definitions and Interpretation
The masculine gender includes the feminine and neuter and the singular number include the plural and vice versa and words importing persons include firms or companies. The section headings to the provisions are inserted for convenience of reference only and are not a part of, and do not or affect the construction or interpretation of, the Terms. The “Terms” means the terms and conditions set out in this document, and such other terms and conditions as may be added to or substituted for them from time to time pursuant to these Terms. “You” means the person accessing or using the Website or App as a User. “We” means Tempbuddy, and our assignees. “Intellectual Property” shall mean means all patents, registered trade marks and designs, copyright, Website or Applications for any of the foregoing, trade and business names, domain names, rights in get-up, service marks, unregistered trade marks, goodwill in relation to the foregoing, database rights, sui generis rights, rights in designs (whether registerable or not), ideas, inventions, discoveries, mask works, formulas, source and object codes, data, programs, concepts, improvements to existing technology, processes, systems, methods, topographies, topography rights, rights in maps, drawings, plans, costings, layout files, rights in computer software, rights in hardware, rights in products and services, rights in confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all Website or Applications (or rights to Website or Apply) for, and renewals and extensions of, such rights and all similar or equivalent rights or forms of protection which now or in the future subsist in any part of the world. “Including”, “to include”, “in particular” and like phrases shall be interpreted without limitation.
1.4 The Website may contain links to other third party websites. If you follow a link to any of those third party websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for their policies or processing of your personal information. Please check these policies before you submit any personal information to such third party websites.
(a) Information we may collect about you
(b) How we may use your personal information
(c) Transmission, storage and security of your personal information
(d) Your rights and contacting us
(e) Our Cookies Policy
2 Information we may collect about you
2.1 We may collect and process the following personal information about you whether you are a Website/Website or App User or Representative:
(a) Information you provide to us ► personal information that you provide to us either via the Website/Website or App or as part of your/your company’s use of our Service, such as your name, address (and/or proof of address), other contact details (e.g. phone number, email address), your financial details;
(b) Credit and Anti-Fraud information ► information relating to your financial situation, your creditworthiness or any criminal or fraudulent activities provided to us by you or third parties including information which establishes your identity, such as driving licences, passports and utility bills; information about transactions, credit ratings from credit reference agencies; fraud, offences, suspicious transactions, politically exposed person and sanctions lists where your details are included;
(c) Our correspondence ► if you contact us, we may keep a record of that correspondence;
(d) Survey information ► we may also ask you to complete surveys that we use for research purposes. In such circumstances we shall collect the information provided in the completed survey;
(e) Your transactions ► details of transactions you carry out through the Website or through other channels and of the fulfilment of the Service we provide; and
(f) Website and communication usage ► details of your visits to the Website and information collected through cookies and other tracking technologies including, but not limited to, your IP address and domain name, your browser version and operating system, traffic data, location data, web logs and other communication data, and the resources that you access.
3 How we may use your personal information
3.1 We may use your personal information in the following ways. For each use, we note the grounds we use to justify each use of your personal information:
Where you are a Website/Website or App User only
(a) To provide you with information ► to provide you with information about the Service and other market insight which you have chosen to download from the Website
Use justification: legitimate interests (to enable us to fulfil your request and understand what type of market information you are interested in)
(b) To ensure the Website/Website or App content is relevant ► to ensure that content from our websites is presented in the most effective manner for you and for your device, which may include passing your data to business partners, suppliers and/or service providers
Use justification: contract performance, legitimate interests (to allow us to provide you with the content and services on the websites)
Where you are a Representative only
(c) To provide and manage the Service effectively and conduct our business ► to administer our services, including to manage our relationship with your company, to ensure that we are paid and to carry out our obligations arising from any agreements entered into between your company and us, which may include passing your data to third parties such as agents or contractors or to our advisors (e.g. legal, financial, business or other advisors)
Use justification: contract performance, legitimate interests (to enable us to perform our obligations and to provide our services to you.
Where you are either a Website User or a Representative
(d) To provide you with marketing materials ► to provide you with updates and offers, where you have chosen to receive these. We may also use your information for marketing our own and our third-party integration partners’ products and services to you by post, email, SMS, phone, remoting meetings and fax and, where required by law, we will ask for your consent at the time we collect your data to conduct any of these types of marketing. We will provide an option to unsubscribe or opt-out of further communication on any electronic marketing communication sent to you or you may opt out by contacting us as set out in paragraph 5.5 below
Use justification: express and implied consent
(e) To allow you to participate in interactive features of the Website and promote our Service ► to enable you to use bulletin boards, blogs, or chat rooms on the Website where available
Please note that if you use such interactive features, any personal information you submit can be read, collected, or used by other users of these forums. We are not responsible for the actions of such other users.
Use justification: legitimate interests (to facilitate discussion)
(f) To promote our Service ► We may post testimonials and references on our Website which may contain personally identifiable information such as your name. We will ask for your consent before doing so
Use justification: consent
(g) For research and development purposes ► to analyse it in order to better understand your services and marketing requirements, to better understand our business and develop our products and services
Use justification: legitimate interests (to allow us to improve our services)
(h) To monitor certain activities ► to monitor calls and transactions to ensure service quality, compliance with procedures and to combat fraud;
Use justifications: legal obligations, legal claims, legitimate interests (to ensure that the quality and legality of our services)
(i) To inform you of changes ► to notify you about changes to our services and products
Use justification: legitimate interests (to notify you about changes to our service).
(j) To reorganise or make changes to our business ► In the event that we are (i) subject to negotiations for the sale of our business or part thereof to a third party, (ii) is sold to a third party or (iii) undergo a re-organisation, we may need to transfer some or all of your personal information to the relevant third party (or its advisors) as part of any due diligence process or transfer to that re-organised entity or third party and used for the same purposes as set out in this policy or for the purpose of analysing any proposed sale or re-organisation
Use justification: legitimate interests (in order to allow us to change our business)
(k) In connection with legal or regulatory obligations ► Law enforcement, regulators and the court service ► We may process your personal information to comply with our regulatory requirements or dialogue with its regulators as Website or Applicable which may include disclosing your personal information to third parties, the court service and/or regulators or law enforcement agencies in connection with enquiries, proceedings or investigations by such parties anywhere in the world or where compelled to do so. Where permitted, we will direct any such request to you or notify you before responding unless to do so would prejudice the prevention or detection of a crime.
Use justification: legal obligations, legal claims, legitimate interests (to cooperate with law enforcement and regulatory authorities)
[Use justifications [accessible through link]]
Use of personal information under EU data protection laws must be justified under one of a number of legal “grounds” and we are required to set out the grounds in respect of each use in this policy. An explanation of the scope of the grounds available can be found at https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/lawful-basis-for-processing/. We note the grounds we use to justify each use of your information next to the use in the How We May Use Your Personal Information section of this policy.
These are the principal legal grounds that justify our use of your information:
Contract performance: where your information is necessary to enter into or perform our contract with you.
Legal obligation: where we need to use your information to comply with our legal obligations.
Legitimate interests: where we use your information to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights.
Legal claims: where your information is necessary for us to defend, prosecute or make a claim against you, us or a third party.
4 Transmission, storage and security of your personal information
Security over the internet
4.1 No data transmission over the Internet or website can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your personal information in accordance with data protection legislative requirements.
4.2 All information you provide to us is stored on our or our subcontractors’ secure servers and accessed and used subject to our security policies and standards. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website and/or Service, you are responsible for keeping this password confidential and for complying with any other security procedures that we notify you of. We ask you not to share a password with anyone.
Export outside the EEA
4.3 Your personal information may be accessed by staff or suppliers in, transferred to, and/or stored at, a destination outside the European Economic Area (EEA) in which data protection laws may be of a lower standard than in the EEA. Regardless of location or whether the person is an employee or contractor we will impose the same data protection safeguards that we deploy inside the EEA.
4.4 Certain countries outside the EEA have been Website or Approved by the European Commission as providing essentially equivalent protections to EEA data protection laws and therefore no additional safeguards are required to export personal information to these jurisdictions . In countries which have not had these Website or Approvals, (see the full list here http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm). We will either ask for your consent to the transfer or transfer it subject to European Commission Website or Approved contractual terms that impose equivalent data protection obligations directly on the recipient unless we are permitted under Website or Applicable data protection law to make such transfers without such formalities.
4.5 Please contact us as set out in paragraph 5.5 below if you would like to see a copy of the specific safeguards Website or Applied to the export of your personal information
4.6 We will retain your personal information for as long as is necessary for the processing purpose(s) for which they were collected and any other permitted linked purpose (for example certain transaction details and correspondence may be retained until the time limit for claims in respect of the transaction has expired or in order to comply with regulatory requirements regarding the retention of such data). So if information is used for two purposes we will retain it until the purpose with the latest period expires; but we will stop using it for the purpose with a shorter period one that period expires.
4.7 We restrict access to your personal information to those persons who need to use it for the relevant purpose(s). Our retention periods are based on business needs and your information that is no longer needed is either irreversibly anonymised (and the anonymised information may be retained) or securely destroyed.
5 Your rights & contacting us
5.1 You have the right to ask us not to process your personal information for marketing purposes. We will inform you if we intend to use your information for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your personal information. You can also exercise the right at any time by contacting us as set out in paragraph 5.5 below
5.2 Your rights
If you have any questions in relation to our use of your personal information, you should first contact us as per paragraph 5.5 below. Under certain conditions, you may have the right to require us to:
(A) provide you with further details on the use we make of your information;
(B) provide you with a copy of the information that you have provided to us;
(C) update any inaccuracies in the personal information we hold (we will use reasonable endeavours to ensure that your personal information is accurate. In order to assist us with this, you should notify us of any changes to the personal information that you have provided to us by contacting us as set out in paragraph 5.5 below);
(D) delete any personal information the we no longer have a lawful ground to use;
(E) where processing is based on consent, to withdraw your consent so that we stop that particular processing (see paragraph 5.1 for marketing);
(F) object to any processing based on the legitimate interests ground unless our reasons for undertaking that processing outweigh any prejudice to your data protection rights; and
(G) restrict how we use your information whilst a complaint is being investigated.
Your exercise of these rights is subject to certain exemptions to safeguard the public interest (e.g. the prevention or detection of crime) and our interests (e.g. the maintenance of legal privilege). If you exercise any of these rights we will check your entitlement and respond in most cases within a month.
We will use reasonable endeavours to ensure that your personal information is accurate. In order to assist us with this, you should notify us of any changes to the personal information that you have provided to us by contacting us as set out in paragraph 5.5 below.
5.3 Data protection legislation gives you the right (subject to various exceptions) to access certain personal information held about you, correct any inaccuracies (see paragraph 5.4 below) and prevent the processing of your personal information that is likely to cause unwarranted substantial damage or distress to you or anyone else and to object to any decision that significantly affects you being taken solely by a computer or other automated process. Any access request (subject to various exceptions) may be subject to a modest administration fee.n
5.4 We will use reasonable endeavours to ensure that your personal information is accurate. In order to assist us with this, you should notify us of any changes to the personal information that you have provided to us by contacting us as set out in paragraph 5.5 below.
6 Cookies policy
7.3 Further notices highlighting particular uses (such as direct marketing) we wish to make of your personal information together with the ability to opt in or out may also be provided to you when we collect certain personal information from you.