Terms of Use
Right Jobs Philippines Inc. (“We”, “Us”, “Right Jobs”) is a talent and placement company duly established under the laws of the Philippines. We perform job placement activities for local employment through contracting, enlisting, and recruitment of professionals and skilled workers and matching them with employers looking for hires.
We offer our services through our official website, Right Jobs Board (the “platform”), which works as a job portal and job board where both employers and job applicants can post or search for job advertisements. This platform is a shared environment designed to facilitate the provision of services to multiple parties usually involved in job placements – the job seekers and the employers
1. Introduction
1.1.By using the Right Jobs Board (the “platform”) and availing of any of our services, you agree that you have read and understood these Terms of Use which are applicable to you as the user of the platform and our services. These Terms of Use constitute a legally binding agreement (“Agreement”) between you and Right Jobs Philippines Inc. (“Right Jobs”) and shall govern your use of our platform and your dealings with us as you avail of our services. If you do not agree to the Terms of Use, please do not use the platform and/or avail of any of our services.
1.2.Right Jobs may amend the terms in the Agreement at any time without prior notice. Such amendments shall be effective once they are updated and posted on the platform. We recommend you review the Terms of Use regularly. Your continued use of the platform and our services after any such amendments shall constitute your agreement to be bound by such amendments, whether or not reviewed by you. This Agreement is effective as of May 19, 2023
1.3.The Right Jobs Board is an online platform that facilitates job placement for both job seekers and employers. As a social enterprise, the platform is designed to uplift the lives of Filipinos who are having difficulties finding work due to their life circumstances, especially the underprivileged and less fortunate. As an employment service, we offer smart hiring solutions that provide employers access to a pool of talents and candidates at the tip of their fingertips! Our flexible recruitment solutions seamlessly connect job seekers and employers through our unique and innovative platform called Talent to Cart Solution.
1.4.Right Jobs is not responsible for any acts and/or omissions of any users, job seekers, or employer and shall not bear any liability other than to facilitate the needed job placement. Job seekers or employers are not, and shall not hold themselves to be an agent, employees, or staff of Right Jobs Philippines and the services provided by them shall not be deemed to be provided by right jobs.
2. Definition of Terms
2.1.”Aggregate Data” means de-identified aggregated data or information regarding the users of the platform (job seekers and employers). This is aggregated once it is anonymized and can no longer identify an individual.
2.2.“Employer/s” means a person or entity accessing the platform to post a job or utilizing the Right Jobs services for any reason related to hiring or seeking candidates for employment.
2.3.“Job Seeker” means a User who is accessing the platform to search for a job or in any other capacity except as an Employer.
2.4.“Plan or Package” refers to Right Jobs’ specific services offered through the platform. Each plan or package offers innovative and flexible hiring solutions.
2.5.“Platform” refers to the relevant website or portal made available by, owned, and operated by Right Jobs (or its licensors) to job seekers and employers to facilitate job placement activities.
2.6.“Profiles” means individual profiles created by Users (Job Seekers or Employers) with basic information relating to them.
2.7.“Proprietary Information” shall refer to information developed independently by the users and Right Jobs and maintained confidential and shall not include information available or known to the public or already known to the other from sources other than the user or Right Jobs laying proprietary claims on such information.
2.8.“Talent to Cart” is a term used by Right Jobs to refer to an online recruitment platform that streamlines the hiring and recruitment processes by providing employers access to the job seekers’ profiles so they can directly select, screen, and shortlist candidates, and add to the Talent to Cart virtually. This hiring solution can be availedby employers upon payment of subscription fees and this feature is typically initiated by clicking the “Talent to Cart” button. Once the job seeker’s profile has beenselected for the Talent to Cart, the candidate will receive an e-mail notification informing that he/she is being shortlisted for the role.
2.9.“Right Jobs Services” means any services provided by Right Jobs or its agents including:
2.9.1. the facilitation of job placement activities through the online platform (Right Job
Board) where users can post and search for employment opportunities.
2.9.2. recruitment and placement services;
2.9.3. Talent to Cart online recruitment solution
2.9.4. job advertisement and posting
2.9.5. training and development
2.10. “User/s” means any person with login credentials to the Right Jobs Board or platform.
2.11. “User Content” means all information, data, text, documents, records, sound, photographs, graphics, video, advertisements, messages, or other materials, in whatever form, submitted, posted, or displayed by users on or through the platform.
3. General Use Rules
3.1.You are granted a limited, terminable, non-exclusive right to access and use the platform only for job placement purposes. This authorizes you to view the Sites solely for your personal, noncommercial use. Right Jobs reserves the right to suspend or terminate your right to use the platform for any reason at any time, in its sole discretion.
3.2.The use of the platform for the following purposes is prohibited:
3.2.1. distribution of any unlawful, libelous, abusive, threatening, obscene contentsor materials that are contrary to law, morals, public policy, or ethical standards.
3.2.2. collecting, duplicating, or copying any of the platform’s content or any
materials available from the platform.
3.2.3. reproducing the platform’s content for public use or unauthorized keeping of electronic copies of copyrighted materials; and
3.2.4. performing acts that disturb or negatively impacts the other users as they use the platform.
4. Intellectual Property Right
4.1.Right Jobs or its licensors shall own all rights, titles, and interests, including all related intellectual property rights, in and to the platform and by extension, the Right Jobs service, any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to our service.
4.2.This Agreement does not constitute a sale agreement and does not convey to you any rights of ownership in or related to the platform and our services or any intellectual property rights owned by Right Jobs which are protected by Philippine and international copyright, trademark, and other laws.
4.3.Right Jobs’ name, logo, service, platform, and product names associated with the
platform are trademarks of Right Jobs, and no right or license is granted to use them.
5. Representations and Warranties
5.1.For All Users
By using the platform and availing our services, you represent, warrant, and
undertake that:
5.1.1. You have the legal capacity to enter into the Agreement and you are at least eighteen (18) years old. You cannot enter into the Agreement if you are below eighteen (18) years old or lack legal capacity.
5.1.2. You will provide true, accurate, not misleading, current, and complete information as required by the platform and the availed service and undertake the responsibility to maintain and update your information in a timely manner to keep it true, accurate, current, and complete at all times during the term of the Agreement.
5.1.3. You will provide us with whatever proof of identity or any other supporting documents, licenses, or approvals which we may reasonably request or require.
5.1.4. You are responsible for any access to the system using your user credentials and you are responsible to keep this information secure and confidential at all times. You may not authorize others to use your identity or user status, and you may not assign or otherwise transfer your user account to any other person or entity, except as otherwise permitted. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
5.1.5. You agree to comply with all applicable laws, and you will only use the platform for your intended and lawful purposes. You will not use the platform to produce any unlawful material or for fraudulent purposes or use the platform in an inappropriate or disrespectful manner towards Right Jobs and other users.
5.1.6. You will not attempt to commercially exploit any part of the platform; make derivative works based on the platform and its content; copy, reproduce and distribute or communicate them for any public or commercial purpose save where specifically permitted in writing. This includes without limitation, not to:
5.1.6.1. create, compile, or collect any content displayed on the platform except for your personal and non-commercial use;
5.1.6.2. conduct data mining or scraping activities or copy any content displayed through the Platform or any parts thereof on any internet-based device for republication in any format or media; and
5.1.6.3. disassemble, decompile, reverse engineer, decrypt, or attempt to derive any code or extract the software from the platform.
5.1.7. You agree that violations of network security may result in civil and/or criminal liability. We will investigate occurrences that may involve such violations and will cooperate with law enforcement authorities in prosecuting the same. In such a case, as may be needed, you agree to assist Right Jobs with any investigations as may be required.
5.1.8. You will assume full responsibility and liability for all loss or damage you suffered and will hold harmless Right Jobs or any other party as a result of their breach of this Agreement.
5.1.9. In cases of dormancy or lack of activities in your account for a long period of time, Right Jobs reserves the right to delete your account. Once deleted, all your account information, resumes, and personal data shall be deleted from our database.
5.1.10. You agree to use this platform subject to these Terms of Use as may be amended from time to time.
5.2.For Job Seeker
As a job seeker, you further represent, warrant, and undertake that:
5.2.1. You will submit only accurate, complete, up-to-date, and not misleading information about you and your qualifications and shall not impersonate another person, living or dead.
5.2.2. You possess all the appropriate knowledge, skills, training, experience, licenses, and expertise that you represent or claim to have in connection with the work, job, or position you are seeking.
5.2.3. If applicable, you have the legal right and all appropriate licenses and approvals with respect to the profession you claim to practice and exercise. You shall obey all local laws governing the practice of your profession and shall be solely responsible for any violations of such local laws.
5.2.4. You are solely responsible for the form, content, and accuracy of any profile you created and resume you submitted on the platform.
5.2.5. You shall not contact employers for purposes other than in connection with your job placement.
5.2.6. You shall not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the platform, or any other job seeker or exploit the platform or any service or information made available or offered by or through the platform, in any way where the purpose is to reveal any information, including but shall not be limited to personal identification information, other than your own information, as provided for by the Platform.
5.2.7. You understand and agree that the information which you have provided upon your registration in the platform, including your personal data as describe in our Privacy Notice, may be linked to your account on the platform or otherwise be temporarily displayed on the platform in the course of the services. You hereby give your consent to the use of your personal data for such purpose and for purposes of facilitating your use of the platform.
5.2.8. You understand and consent to the disclosure of your profile information, and resume, including all your personal data to prospective employers.
5.2.9. You further agree that any personal data you receive via the Platform or in connection with the services shall only be used for the direct and specific purpose for which you originally received them.
5.3. For Employer
As an employer, you further represent, warrant, and undertake that:
5.3.1. You will not contact the job seeker for purposes other than matters related to or in connection with the job placement activities.
5.3.2. You understand and agree that the information you provided to us during your registration or in the course of your use of the platform and our services, which may include your personal data or that of your representatives, as described in our Privacy Notice, may be linked to your account on the platform or otherwise be temporarily displayed in the course of the services on the platform. You consent to such use of information and to facilitate your use of the platform and our services.
5.3.3. You further agree that any personal data you receive via the platform or in connection with the services shall only be used for the direct and specific purpose for which you originally received them.
5.3.4. You agree to the following provisions governing our disclosure of personal data to you through the platform:
5.3.4.1. You agree that any personal data you receive via the platform or in connection with the services, including that of the job seeker’s profile information and resume, shall only be used for the direct and specific purpose for which you are originally provided the personal data, and such personal data shall be deleted or anonymized once the purpose has been achieved or once the personal data is no longer required to be retained for the said purpose. To illustrate, when you are provided with the personal data of a job seeker via the platform for purposes of processing their job application, you shall only use the personal data provided for that sole purpose and remove it as soon as you no longer need the data for that purpose.
5.3.4.2. You shall not disclose any of the data you received or accessed through the platform to any third party except to the extent necessary to give effect to the purpose of data sharing as stated in this Agreement, and to persons authorized to perform functions in line with the purpose of Data Sharing and this Agreement.
5.3.4.3. You agree that job seekers’ profiles, account information, resume, and other personal data shall only be used for the purposes of facilitating job placement and all related activities as an employer or as acting on behalf of an employer seeking employees. You shall not use the personal data obtained to send out marketing communications by whatever means.
5.3.4.4. The disclosure of the job seeker’s personal data to you, as an employer, is based on the job seeker’s consent. Consent may be withdrawn at any time, except if there is an obvious purpose or there is another existing basis for processing. Once consent is withdrawn and such is communicated to you, you must delete or return the personal data you acquired involving such a job seeker.
5.3.4.5. Right Jobs warrant that the job seekers are provided the necessary notice about the use and disclosure of their personal data under this Agreement. Right Jobs shall keep a record of the consent acquired and upon request, shall make such records accessible to you.
5.3.4.6. All personal data shall only be used, stored, and processed, whether electronically or manually, in your respective principal place of business identified in your user registration.
5.3.4.7. As a personal information controller who receives the job seeker’s personal data through the platform, you warrant that in all your data processing activities, you shall comply with the provisions of RA 10173 or the Data Privacy Act of 2012 (DPA) and you undertake to implement reasonable and appropriate physical, technical, and organizational security measures to protect the data you have obtained from Right Jobs from loss, misuse, unauthorized access, disclosure alteration or destruction.
5.3.4.8. You shall treat the personal data you received pursuant to this Agreement with the utmost confidentiality. This confidentiality shall survive the termination of this Agreement.
5.3.4.9. You also warrant that your personnel handling the personal data of job seekers have signed Non-Disclosure Agreements pertaining to the personal data they handle as process owners.
5.3.4.10. If you become aware of any Personal Data Breach or Security Incident involving the platform or the personal data being accessed or processed pursuant to this Agreement, you shall, within 24 hours from knowledge of such Breach or Incident report the same to Right Jobs. You shall provide
all the details necessary for the proper documentation of the incident and to facilitate cooperation with any investigation that may be conducted in relation thereof.
5.3.4.11. You shall at all times respect and uphold the data subject rights of the job seekers as provided by the DPA and shall cooperate and assist in facilitating any request to exercise these rights.
6. Confidentiality
6.1. Right Jobs shall exert all reasonable efforts to prevent unauthorized use, dissemination, or disclosure of the other user’s confidential/proprietary information.
6.2. Users agree to maintain the terms of this Agreement, along with the platform data and documentation, confidential during the entire life of and three (3) years after the termination of this Agreement.
6.3. Right Jobs and employers shall ensure that the Policies and Procedures, and any written or digital documentation thereof, and any other digital or written proprietary information intended for the exclusive use of either party shall remain confidential. The Parties undertake to exercise their best efforts to keep and have their respective employees and agents keep any and all proprietary information confidential. It shall be understood that proprietary information of one Party shall not be copied and/or multiplied by any means without the prior written consent of such Party. All materials
containing proprietary information shall be returned immediately after termination of this Agreement. The confidentiality provision shall survive the expiration or termination of this Agreement for three (3) years.
7. Data Privacy
7.1. Right Jobs collects and processes your personal data in accordance with the provisions of the Data Privacy Act of 2012 and its Implementing Rules and Regulations or as hereinafter may be amended. Our Privacy Notice applies to all of platform users and those who avail of our services and its terms are made part of this Agreement by this reference.
7.2. The processing conducted by Right Jobs shall cover all data processing performed in relation to this Agreement involving the personal data of all platform users or representatives acting on their behalf. The processing of personal data performed by Right Jobs shall only be for the purpose of achieving the objectives of this Agreement, mainly to provide its service through its platform designed to administer job placement activities for both job seekers and employers. Right Jobs shall process personal data as it provides support to the end-to-end digital administrative processes through its platform.
7.3. All personal data shall only be used, stored, and processed, whether electronically or manually, in Right Job’s principal place of business and retained in a cloud storage facility through a third-party cloud provider outside the Philippines.
7.4. You likewise understand that your personal data shall be shared with our subcontractors or service providers for the purposes of facilitating our services under this Agreement. In such a case, their processing shall be conducted only upon our instructions.
7.5. Right Job shall implement reasonable and appropriate organizational, physical, and technical security measures for the protection of personal data subject to standards set by the applicable data privacy laws. We shall take steps to ensure that any person acting under our authority and who has access to personal data, does not process them except upon their instructions, or as required by law.
7.6. Right Jobs shall treat the personal data it received pursuant to this Agreement with utmost confidentiality. This confidentiality shall survive the termination of this Agreement.
7.7. Right Jobs shall at all times respect and uphold the data subject rights of the users and shall take reasonable steps to ensure that requests received shall be facilitated within the period required.
7.8. You understand and agree that Right Jobs owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data that may use for any legitimate business interest without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you.
8. Disclaimer
8.1. Right Jobs does not assume responsibility for posts, activities, acts, omissions, or other conduct of users. Right Jobs is not responsible for User Content, the quality, Commented [KATC1]: Linked to the Privacy Notice safety, or legality of the jobs posted, or the resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates, or the ability of candidates to fill job openings. We do not make any representations about any jobs, profiles, resumes, or User Content on the platform.
8.2. If notified of any alleged violation of this Terms of Use, Right Jobs may investigate the allegation and determine whether to remove or request the removal of such Document. We reserve the right in its sole discretion to remove any User Content from time to time.
8.3.You assume all risks associated with dealing with other users with whom you come in contact through the platform. We expect that you will use caution and common sense when using the platform and in dealing with offensive, harmful, inaccurate, or mislabeled information.
8.4. Right Jobs shall not be liable for any loss, destruction or inaccuracy of information howsoever caused as a result of any interruption, suspension, or termination of our services or the platform for causes beyond the control of Right Jobs. We shall not be responsible for any loss or damage resulting from the delay or non-performance of its obligations under this Agreement if such is solely due to any cause beyond that Right Job’s control which shall include, but not limited to:
8.4.1. Act of God, natural disasters such as earthquakes, floods, tempests, fire;
8.4.2. War or threat of war, insurrection, civil disturbance, or rebellion; and
8.4.3. Governmental acts, laws, or regulations which render legally impossible performance of the obligations contracted hereunder.
8.5. It is not Right Job’s policy to review, control or edit postings, data, user contents, or information that may be inserted or made available or transmitted to or from a third party in or through the platform. Postings from third parties in the platform shall not be considered as an endorsement, representation, or warranty of Right Jobs, whether in regard to its websites, products, services, hiring, experience, employment, or recruiting practices or otherwise.
8.6.Right Jobs does not make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the platform. We do not represent or warrant that:
8.6.1. the use of the service or platform will be secured, uninterrupted, free of errors or other harmful components, or operate in combination with any other hardware, software, system, or data;
8.6.2. we will meet your requirements or expectations;
8.6.3. any stored data will be accurate or reliable; and
8.6.4. the quality of any job seekers, employers, services, information, or other materials obtained or encountered by you through the platform will meet your requirement or expectations.
8.7.The platform service is provided to you strictly on an “as is” basis. All conditions, representations, and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby
excluded to the extent permissible by law.
8.8.The platform may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you. Right Jobs is not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
8.9.If we are in breach of these Terms of Use, we will only be responsible for any losses that you suffer as a direct result and to the extent that they are a foreseeable consequence to both of us at the time you use the platform or avail of our services. Our liability does not include business losses such as lost data, lost profits, or business interruption.
9. Terms of Payment
9.1. You are obliged to pay the full amount for each plan or package you availed or service we agree to provide, even if you request the withdrawal of your ad at any time (whether before or after it appears on the Site) or even if you have not fully utilized the service.
9.2. In providing our service, you might be required to give us the necessary information or materials. Delay or non-delivery of said necessary information or material leading to the delay or non-delivery of our service to you, will not relieve you of your liability to pay us the full amount as agreed upon.
9.3. Payments can be made through bank transfer to Right Jobs designated bank. All amounts must be paid within 7 days upon the issuance of the invoice.
9.4. We may disable your account without notice and refuse to supply further services should you fail to pay for the availed services on time.
10. Suspension and Termination
10.1. You agree that we may do any of the following, at any time, without notice:
10.1.1. to modify, suspend or terminate operation of or access to the platform (including access to your account and/or the availability of any products or services), for any reason;
10.1.2. to modify or change any applicable policies or terms, and
10.1.3. to interrupt the operation of the platform (including access to your account and/or the availability of any products or services), as necessary to perform routine or non-routine maintenance, error correction, or other changes.
10.2. Right Jobs shall not be required to compensate you for any suspension or
termination.
11. Indemnification
11.1. By agreeing to this Terms of Use upon using the Right Jobs service or accessing the platform, you agree that you shall indemnify and hold Right Jobs, its licensors and each such party’s affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:
11.1.1. your use of the service, the platform and/or any part thereof in your dealings with the other user;
11.1.2. your violation or breach of any of the Terms of Use or not referenced herein;
11.1.3. your violation of any rights of any third party; or
11.1.4. your use or misuse of the service and the platform.
12. Miscellaneous
12.1. Notice. Right Jobs may give notice through the platform or your email address in the record, or by written communication sent by registered mail or pre-paid post to your address in the record. Such notice shall be deemed to have been received upon the expiration of 72 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email). You may give notice to Right Jobs by letter sent by courier, registered mail, or by email using the contact details provided in the platform.
12.2. Dispute Resolution. This Agreement shall be governed by Philippine law, without regard to the choice or conflicts of law provisions of any jurisdiction. Any disputes, actions, claims, or causes of action arising out of or in connection with this Agreement or the Right Jobs service (“Disputes“) shall be governed by the applicable Philippine Arbitration law.
12.3. Relationship. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise with Right Jobs.
12.4. Assignment. The Terms of Use as modified from time to time may not be assigned by you without the prior written approval of Right Jobs but may be assigned without your consent by Right Jobs. Any purported assignment by you in violation of this section shall be void.
12.5. Severability. If any provision of this Agreement is held to be invalid or unenforceable, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.
12.6. Waiver. The failure of Right Jobs to enforce any right or provision in the Agreement shall not constitute a waiver of such right or provision.
12.7. No Third-Party Rights. Except for the parties who are indemnified pursuant to the
indemnification provisions set out herein, this Agreement does not give rights to any third parties who are not party to this Agreement.