Hourly Candidate Terms & Conditions and Privacy Policy

Last updated 15th December 2020

These terms relate to your use of  the AMS website,  artificial intelligence powered software platform (known as “Hourly” (“Platform”)) and chatbot.

Who are we
The Platform and associated services are operated by Alexander Mann Solutions Corporation (“AMS”).  The AMS address is: Erieview Tower, 1301 East 9th St, suite 1200, Cleveland, Ohio, 44114, United States of America.

Our service
AMS has developed and provides an artificial intelligence powered messaging platform to help you with your recruitment search.  The Platform is known as “Hourly” and it is accessed via a web application and chatbot.  The Platform provides automated processes and uses algorithms and content to help you find the right job opening for you.

We make the Platform available to our customers who are searching for candidates.  They have access to the Platform and have the ability to set the parameters of a job opening.  AMS is not responsible for this information.

By interacting with the Platform (including our chatbot) or accepting any services, you accept these terms.

Your information

The security and protection of your personal information is important to us. Please read the section below which sets out our Privacy Policy and explains why and how we use your personal information, how we use cookies on this site and for details on your rights in relation to such information. You agree to provide true, accurate and complete information.

Your use of the Platform

  1. You agree not to use the Platform if you are under the age of 14. If you are aged between 14 and the Age of Majority for your State, you will only use the Platform with the express permission of your parent or lawful guardian.
  2. During your use of the Platform, you may be required to provide us with certain personal information. You agree not to provide any false, misleading, or inaccurate information.
  3. You understand that to use the Platform you will need access to an internet connected device (e.g. cell phone, laptop or tablet). You represent that the device is owned by you, that you are authorised to use the device, and that the device is secure.
  4. Your use of the Platform will involve communicating with AMS and/or recruiters via email, SMS/MMS messaging or voice, and mobile web/desktop application. As a result, SMS/MMS message, telephony and/or data charges may apply. You are responsible for all charges related to the communication with, or when connected to, the Platform (including call charges, data usage charges, and SMS/MMS charges).
  5. Your interaction with the Platform may result in you receiving automated messages. How often you receive such messages may depend on the frequency of your use of the Platform.
  6. Indemnity: You agree to indemnify AMS and hold AMS harmless from any and all claims, losses or liability (however arising) as a result of (a) your failure to inform AMS of any change in the information which you have provided to AMS (b) a change in the ownership of the device which you use to interact with the Platform (c) in connection with any claim arising under or in relation to the Telephone Consumer Protection Act, 47 U.S.C 227, et seq., or any Federal or State laws or regulations governing communications with the cell phone number provided by you to AMS.

What we don't allow you to do

Unless otherwise notified in writing, you are not allowed to:

  • make the Platform (or any part of it) available for any commercial or unlawful purpose;
  • replicate the Platform or copy the Platform;
  • distribute or access any content that is obscene, threatening, inappropriate, in breach of confidence or privacy, in breach of any intellectual property rights (including copyright), unlawful, or in our opinion, objectionable; or
  • make excessive traffic demands, deliver spam of any kind, collect or process information about users of the site, or engage in any other behaviour intended to restrict or prevent other users from using the site and content or which is likely to damage our reputation or the reputation of any third party.

Disclaimer

The Platform, content and services are supplied to you on an ‘as is’ basis and we make no warranties, express or implied, regarding their satisfactory quality, fitness for a particular purpose, reliability, timeliness, accuracy, completeness, security or that they are free from error.

We make no warranty, express or implied, that you will be successful in securing employment via the use of the Platform.

The Platform may facilitate communication between you and potential employers. We are not responsible for, and give no warranty as to the accuracy of information which employers may publish or upload to the Platform.

We try to ensure that the information within the Platform is accurate, but your access to the Platform and services and any action you carry out on the basis of information you obtain from or via the Platform is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result.

We will not be liable for any loss of use, profits or data or for any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, or otherwise in relation to:

  • your use of, reliance upon or inability to use the Platform;
  • the deletion with or without notice or cause of any of your data or information stored on the site;
  • any loss of your content or communications resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of the Platform at any time;
  • the removal from the Platform of any content or communications sent or posted by you on or via the Platform;
  • any circumstance that is outside of our reasonable control; and
  • any loss or damage that is not directly caused by us or by which we could not reasonably have expected at the time we entered into our agreement with you.

General terms

If any part of these terms is determined to be legally invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms will continue unaffected.

These terms are governed by and construed in accordance with the laws of the State of Delaware in the United States of America. Each of us agree to submit to the exclusive jurisdiction of the United States Federal Courts in the State of Delaware, or in the state courts of the State of Delaware.

We ask that you read this privacy policy carefully as it contains important information on who we are, how and why we collect, store, use and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint.

NOTICE TO CANDIDATES:  CANDIDATES SHOULD CAREFULLY READ THIS CANDIDATE PRIVACY POLICY.  IF YOU ARE A POTENTIAL CANDIDATE, JOB APPLICANT, OR EMPLOYEE AND YOU SUBMIT YOUR PERSONAL DATA USING THE PLATFORM, THE CUSTOMER WILL HAVE ACCESS TO THIS PERSONAL DATA.  TO THE EXTENT THAT WE USE THIS PERSONAL DATA FOR OUR OWN PURPOSES, WE ACT AS A CONTROLLER IN RELATION TO SUCH PERSONAL DATA.  HOWEVER, IN MOST INSTANCES WE ACT AS PROCESSORS IN THE TRANSMISSION OF THIS PERSONAL DATA FROM YOU TO THE CUSTOMER.  THE CUSTOMER ACTS AS A CONTROLLER IN RELATION TO THIS PERSONAL DATA AND THEIR USE OF YOUR PERSONAL DATA IS GOVERNED BY THEIR OWN PRIVACY POLICIES.  YOU SHOULD ASK THE CUSTOMER TO PROVIDE YOU WITH A COPY OF THEIR PRIVACY POLICY.  WITH RESPECT TO THE COLLECTION AND SHARING OF CANDIDATE PERSONAL DATA WITH THE CUSTOMER, WE WILL ACT IN ACCORDANCE WITH THE TERMS SET OUT IN THIS PRIVACY POLICY AND IN ACCORDANCE WITH THE PLATFORM PRIVACY POLICY (HERE), WHICH GOVERNS HOW WE DEAL WITH YOUR PERSONAL DATA AND HOW WE EXPECT OUR CUSTOMERS TO DEAL WITH PERSONAL DATA.  IN NO WAY ARE RESPONSIBLE OR LIABLE FOR THE DATA PRIVACY PRACTICES, METHODS, TECHNICAL OR ORGANISATIONAL STRUCTURES OR POLICIES OF OUR CUSTOMERS.

Our collection and use of your personal information

We collect personal information about you when you access our Platform, interact with our chatbot, access our website, register with us, contact us, send us feedback and respond to queries.

We collect this personal information from you either directly, such as when you interact with our chatbot, or indirectly, such as your browsing activity while on our website.

We also collect personal information about you from other business partners, who may also interact with you either directly or via the Platform.

Types of personal information processed

The personal information we may process about you depends on the Client’s requirements and job position, and could include the following types of personal information:

  • Your full name
  • Preferred name
  • Date of birth
  • Address
  • Contact telephone number
  • Contact email address
  • Social security number
  • details of any feedback you give us by phone, email, post or via social media
  • information about the services we provide to you
  • EEO data
  • Employment history
  • Skills / Education
  • Salary rate/hour (in the event that you are successful in securing employment through the platform)

How we use your personal information

We use your personal information in the following ways:

  • Allowing you to use the Platform
  • Managing your job applications through the Platform
  • Assessing your suitability to the requirements of the position you have applied for
  • Verifying information submitted by you
  • To connect you, as applicable with the organisation to whom you have applied who are looking to fulfil a hiring need
  • To establish and maintain your account with us
  • To improve our services
  • Resolve technical support issues or questions
  • To detect and prevent fraud, illegal activity, misuse of the Platform or intellectual property infringement
  • Backing up the system underpinning the Platform (including for disaster recovery purposes)
  • Other purposes as part of our business activities when reasonably required by us

Our services and systems are not intended for use by children and we do not knowingly collect or use personal information relating to children.

We may share your personal information with the following:

  • Potential Employers: We may share personal information with our clients who contract to use Hourly to assist them in filling their job openings. This includes recruiters and hiring managers at companies.
  • Third Party Service Providers: We may share your personal information with those third party service providers who help us operate our service and the Platform.
  • AMS Group: We may share your personal information with other AMS companies.
  • Law: We will share personal information with law enforcement or other authorities if required by applicable law, regulation or legal process or governmental request.

What we don’t do with your personal information:

  • We do not sell your personal information to any third party.
  • We do not use your personal information to send you unsolicited emails or text messages, other than as set out in this privacy policy.

We may delete your personal information if a potential employer stops using the Platform or if you ask us to do so.

Your rights

You may have the following privacy rights under applicable state laws, including California privacy laws:

  • Right to Know: you may have the right to request information about the personal information we have collected about you and for what purpose.
  • Right to Access: you may have the right to request information about how we process your personal information and to obtain a copy of that personal information.
  • Right to Portability: you may have the right to receive your personal information, in a structured, commonly used and machine-readable format and to have that information transmitted to another  organization in certain circumstances.
  • Right to Deletion: you may have the right to request the deletion of your personal information that we have collected from you.
  • Right to Be Free from Discrimination: AMS will not discriminate against you either in the selection process or for exercising your privacy rights.

In certain circumstances, local data protection laws (such as the CCPA or the GDPR) may give you rights with respect to personal information if you are located in or are a resident of that country, state, or territory.

For residents of California, see our policy and statement below (“California Statement”) in compliance with the California Consumer Privacy Act of 2018 (“CCPA”). Please review our California Statement below for more information.

IMPORTANT: WE ARE ONLY REQUIRED TO HONOR RIGHTS TO THE EXTENT THAT THESE RIGHTS HAVE BEEN GRANTED TO YOU AND APPLY TO YOU UNDER APPLICABLE DATA PROTECTION LAWS. PLEASE CONSULT YOUR LOCAL DATA PROTECTION LAWS TO DETERMINE WHAT RIGHTS MAY BE AVAILABLE TO YOU AND WHEN ACCESS TO THESE RIGHTS ARE LIMITED.

Your rights: California Statement

Introduction

As a global company, Alexander Mann Solutions Corporation may serve certain natural persons residing in the State of California. This California Statement explains the rights that you may have under the California Consumer Privacy Act of 2018 (“CCPA”).

When we use the term “personal information” in this California Statement, we are using that term as CCPA defines it, which CCPA generally defines “personal information” to mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. However, personal information does not include publicly available, deidentified, or aggregate personal information (which are all defined in CCPA).

Notably, the definition of “personal information” does not apply to the collection of personal information from job applicants, employees, business owners, directors, officers, medical staff, or contractors.

Categories of personal information we collect, the sources of that information, purposes for why we collect it, who we share it with, and whether we sell that personal information

We act as a “business” under CCPA, meaning we determine the manner and reasons for why we process your personal information.  This privacy policy identifies the types of information we obtain from you, how we obtain the personal information, the purpose for why we collect the information, who we share the information with and whether we sell the information.

Your privacy rights

As noted, “personal information” under the CCPA does not apply to personal information from job applicants.  Nonetheless, data privacy is important to us and the we have identified certain privacy rights available to you under the heading  “Your Rights”.

Security of information

The section below under the heading “Information Security” we have set out important information about how we secure your personal data, in accordance with the CCPA, how long we will retain your personal data and how we deal with changes to this privacy policy.

Sale of personal information

California residents also have certain rights regarding the sale of personal information. Alexander Mann Solutions Corporation does not sell personal information.

Discrimination

You will not be discriminated against because you have exercised any of your privacy rights under the CCPA.

Contact

To make a request to amend or complain about how your personal information is used, email: hourly.privacy@weareams.com

To request deletion of your personal information, email: hourly.privacy@weareams.com .

Complaints About Personal Information

If you have any concerns with how we deal with your personal information, you can contact our data protection officer by emailing hourly.privacy@weareams.com

Cookies and other tracking technologies

A cookie is a small text file which is placed onto your device (e.g., your smartphone or other electronic device) when you use our website. We use cookies on our website. These cookies help us to recognise you and your device and store information about your preferences.

We may automatically collect other information from you, including your Internet Protocol (IP) Address, technical information about browsers and devices used to access the Platform, and information about crashes or other technical issues. This information is generally aggregated, and is used to analyze and improve the quality and reliability of the Platform. This information is not used to make employment-related decisions.

Communications

When you first use and opt-in to Hourly, we will send you an SMS message to confirm your signup. You can cancel this at any time. Just text "STOP" to 33293. After you message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

If at any time you forget what keywords are supported, just text "HELP" to 33293.  After you message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.

Hourly is able to deliver messages via all the major Carriers (AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile) as well as aiming to deliver through all niche /minor carriers. If a Carrier is unsupported, the Carriers is not liable for delayed or undelivered message(s).

Please remember message and data rates may apply for any messages sent to you from us and to us from you. If you are in any doubt to the charges and /or your data plan, please contact your wireless provider. For all questions about the services, where you are utilizing the Hourly short code, you can send an email to hourly.privacy@weareams.com.

In addition to SMS, you can stop any email communications at any time by clicking the “Unsubscribe” link in any email communications we send to you.

Information Security

The security of your information is paramount to us.  We have appropriate security measures in place to prevent personal information from being accidentally lost or used or accessed in an unauthorised way.  We have organizational and technical security safeguards in place, including:

  • Using encryption when collecting or transferring sensitive information.
  • Designing our data security safeguards to ensure the ongoing security, integrity, availability and resilience of processing systems and services.
  • Limiting physical access to our premises.
  • Limiting access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.
  • As required by law, destroying or de-identifying personal information.
  • We do not issue you with a password. Instead you and our business partners can only access the Platform using a dedicated token, which will be communicated to you each time you wish to use the Platform.

We only retain your personal information for such period as we consider necessary to provide services via the Platform.  Thereafter, all personal information is deleted.