This End-User Agreement (“the Agreement”) is made effective between Shireburn Software Limited, company registration number C13238, with registered office located at Skyparks Business Centre, Level 3, Malta International Airport, Luqa, Malta, hereinafter referred to as “Shireburn”, and the individual agreeing to these terms, hereinafter referred to as “User“. 

Shireburn and the User are individually referred to as a “Party” and collectively referred to as the “Parties”. 

1. Definitions

1.1 The following definitions and rules of interpretation apply within this agreement:  

a) Anonymous Data​ means User’s data that has been processed in such a manner that it can no longer be attributed to an identified or identifiable natural person without additional information unavailable to any third party other than Authorised Sub-Processors. 

b) Data Protection Law consists of the Maltese Data Protection Act 2018 and the General Data Protection Regulation and any other relevant legislation which is applicable during the term of this Agreement, in so far as the same relates to the provisions and obligations of this Agreement. 

c) HR User means a person who is covered by a subscription to Indigo People who utilises all or some of the features of the product for a broad range of operations. 

d) Indigo People is the software product produced, managed, supported and owned by Shireburn that enables the management of payroll, human resource and related aspects of an organisation’s functions. 

e) Job Seeker means a user of the Indigo Hiring module as a means of seeking jobs listed by HR Users on Indigo Hiring, applying and managing their recruitment process. 

f) Malware means anything or device (including any software, code, file or programme) which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any programme or data, including the reliability of any programme or data (whether by re-arranging, altering or erasing the programme or data in whole or part or otherwise); or obtain data illicitly; or adversely affect the user experience, including worms, Trojan horses, viruses, ransomware, denial of service attacks and other similar things or devices. 

g) Software consists of the Indigo Hiring software module and services and ancillary elements of the Indigo software necessary for the use of Indigo Hiring by Job Seekers. 

h) Personal Data​ means any information, other than Anonymous Data, relating to a Data Subject which a Data Processor Processes on behalf of a Data Controller, which could be used to identify an individual, such as names, surnames, identity or passport numbers, addresses, telephone numbers, e-mail addresses, bank account details. 

i) Personal Data Breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored, or otherwise Processed.   

j) User Account means an account set up on the Software to enable access to the Services subject to a Subscription. 

2. Scope of Agreement

2.1 This Agreement governs the use by Job Seekers of the Indigo Hiring software module and services solution, provided by Shireburn to the User, which allows the User to search for job vacancies, profile information and apply for and manage job applications and related activities.  

2.2 The use of Indigo by HR Users is governed by the Software-as-a-Service agreement entered into by the subscriber organisation and not by this End-User Agreement.  

2.3 Job Seekers who may be users of both the Indigo Hiring software as well as HR Users  

2.4 By accessing or using the Software, the User agrees to be bound by the terms and conditions of this Agreement as well as the various policies which are outlined at https://www.shireburn.com/legal. 

2.5 The term of this Agreement runs from acceptance of the Agreement until such time as a User opts to delete their account/profile on the Software and may be modified as defined in clause 13 below. 

3. License and Restrictions

3.1 License: Subject to the terms and conditions of this Agreement, Shireburn grants the User a limited, non-exclusive, non-transferable license to access and use the Software for the purpose of managing the recruitment related processes available within the Software.

3.2 Shireburn reserves the right to suspend or terminate the User’s access to the Software at its sole discretion. 

3.3 The User shall not: 

a) modify, adapt, or create derivative works based on the Software. 

b) Sell, sub-license, distribute, or otherwise commercially exploit the Software. 

c) repost information published on the Software on other recruitment systems or job boards unless this information can be proven to have been independently obtained. 

d) use the Software for any unlawful purpose or in violation of any applicable laws or regulations or is known to be incorrect. 

e) knowingly store or transmit any malware, including any device, software, code, file or programme, which may: prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network including worms, Trojan horses, viruses, ransomware, denial of service attacks and other similar things or devices. 

4. User Responsibilities

4.1 Accurate Information: The User guarantees to provide accurate and complete information necessary for the operation of the Software and to ensure fair assessment of their suitability for a job, including but not limited to personal demographic, qualifications, employment history data and other such details. 

4.2 Data Security: The User shall implement and maintain appropriate security measures to protect the confidentiality, integrity, and availability of data processed through the Software. 

4.3 Compliance: The User shall comply with all applicable laws, regulations, and industry standards related to the use of the Software, including but not limited to data protection laws. 

4.4 Any username or password associated with the User’s account shall be maintained confidential and not shared with any third party. 

5. Data Protection

5.1 Data Ownership: All Personal Data inputted into the Software by the User remains the property of the User who remains the Data Controller of their data. Shireburn shall not use or disclose such data except as necessary to provide the services under this Agreement. 

5.2 Data Processing: The User acknowledges that Shireburn may process personal data as a data processor on behalf of the User. The User shall ensure that it has the necessary rights and permissions to provide such data to Shireburn for processing. 

5.3 Personal Data is processed by Shireburn and its sub-processors to manage our business relationship with the User with the objective of allowing Jobseekers the ability to record their personal details, qualifications and capabilities, apply for job vacancies posted on the Software, upload curriculum vitae and job experiences, manage correspondence, meetings and interactions with potential employers. 

5.4 Shireburn may also utilise your Personal Data while seeking to match job seekers with job vacancies and prospective employers and your Personal Data may be shared with employers who utilise the Software to publicise job vacancies and manage their recruitment processes. 

5.5 Shireburn may also contact the User about any service-related communications. 

5.6 The Parties accept that this Agreement will be subject to Shireburn’s Legal Policies found at www.shireburn.com/legal. 

5.7 The User authorises the use of Shireburn’s sub-contractors and sub-processors as listed at www.shireburn.com/dataprotection/Sub-Processors. 

5.8 Shireburn recognises that it guarantees to the User all their data subject rights as defined within applicable Data Protection Law. 

5.9 Shireburn will utilise Cookies to enhance the experience of the User so as to receive more personalised content as well as for measuring and analysing traffic. 

6. Data Retention

6.1 The User agrees that Shireburn can retain their information, including but not limited to Personal data, for as long as needed to provide them with our services, to comply with our legal obligations, to resolve disputes and to enforce our agreements. 

6.2 Personal Data of the User will be retained by Shireburn in accordance with legislation and with the lawful Data Retention Policy of Shireburn as found at https://www.shireburn.com/data-protection-policy/#data-retention-policy, which is subject to change at Shireburn’s sole discretion. 

6.3 User will be granted the ability to set the retention days related to their job applications data, following which the data will be removed.  

6.4 Any job applications recorded by the User shall automatically be deleted within 6 months from the data that the related vacancy was closed.  

6.5 Notwithstanding clause 6.3 above, Shireburn retains the right to delete your account, profile, curriculum and correspondence related to your job seeking activities in the event that no activity has been recorded on the User’s account for a period of at least three (3) years. 

6.6 Users will also be granted the ability to delete their account on the Software, following which all their data will be deleted. 

6.7 The User will enjoy all rights afforded under applicable data protection law. 

6.8 The personal data of applicants who have been successful in being engaged in a job will be retained on the Indigo in accordance with the data retention policy related to Indigo. 

7. Confidentiality

7.1 Shireburn acknowledges that the User’s Personal Data is the Confidential Information of the Client.  

7.2 Each Party may be given access to Confidential Information by the other Party to perform its obligations under this Agreement.  A Party’s Confidential Information shall not be deemed to include information that:  

a) is or becomes publicly known other than through any act or omission of the receiving Party.  

b) was in the other Party’s lawful possession before the disclosure.  

c) is lawfully disclosed to the receiving Party by a third party without restriction on disclosure.  

d) is independently developed by the receiving Party, which independent development can be shown by written evidence.   

e) is required to be disclosed by law, by any court of competent jurisdiction or by any regulatory or administrative body or 

f) information which is used to gather aggregated data.  

7.3 Each Party, including its partners, employees and agents, shall hold the other’s Confidential Information in confidence and, unless required by any court of competent jurisdiction or by any lawful regulatory or administrative body, not make the other’s Confidential Information available to any third party or use the other’s Confidential Information for any purpose other than the implementation of this Agreement.  

7.4 The User specifically grants the right to Shireburn to share their data with prospective employers through the Software. 

7.5 Each Party shall maintain appropriate administrative, physical, and technical safeguards for the protection of the security, confidentiality and integrity of each other’s Confidential Information to which it has access and to ensure that it is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement. 

7.6 Neither Party shall be responsible for any loss, destruction, alteration or disclosure of Confidential Information caused by any third party, unless that loss, destruction, alteration or disclosure by the third party is directly attributable to an act of commission or omission, including negligence, of either Party.  

7.7 The Parties agree that the use and processing of User’s data to form aggregate anonymous data is not a breach of Confidentiality.  

7.8 This clause shall survive termination of this Agreement, however arising.  

8. Intellectual Property

8.1 Ownership: The Software and all related intellectual property rights are and shall remain the exclusive property of Shireburn or its partners/sub-contractors. 

8.2 The information posted on the Software by users or entities is the property of those users or entities.  

8.3 Use of Marks: The User shall not use Shireburn’s trademarks, or logos without prior written consent from Shireburn. 

9. Support and Maintenance

9.1 The Platform is provided free-for-user to the User and as such is provided with limited support. Shireburn shall however provide reasonable technical support to assist the User in the use of the Software during normal business hours of 08:00 -17:00, Monday to Fridays except public holidays. 

9.2 Maintenance: Shireburn shall use commercially reasonable efforts to maintain the availability and functionality of the Software and shall provide regular updates and bug fixes. 

10. Limitation of Liability

10.1 Exclusion: In no event shall Shireburn be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of the Software. 

10.2 Limitation: Shireburn’s total liability under this Agreement shall not exceed the sum of € 150. 

12. Termination

11.1 The User must ensure that any information entered by them into the Software is accurate, valid and truthful. 

11.2 The data available on the Software is user generated either by potential employers, recruitment agencies or potential employees.  As such, Shireburn does not guarantee, nor cannot it be held liable for the veracity or correctness of any data held on the Software. 

11.3 Shireburn is not a recruitment or employment agency nor is it a related party in respect of any offers, arrangements or agreements made between employers, agencies and the User. 

12. Termination

12.1 The User has the right to terminate their use of the Software with immediate effect by the deletion of their account profile and thus terminate this Agreement. 

12.2 Shireburn shall have the right to disable, suspend or delete the use of the Software by the User if, in its reasonable opinion, the terms of this Agreement have been breached. 

12.3 Effect of Termination: Upon suspension or termination of this Agreement: 

a) the User shall immediately cease all use of the Software and return or destroy any confidential information or materials provided by Shireburn. 

b) Unless a dispute is recorded between the parties, Shireburn shall delete all Personal data related to the User including their account profile, as well as the history of their job applications etc. immediately on deletion of the User account profile.  

13. Modifications

13.1 Shireburn reserves the right to amend this Agreement and any policy, or related documents contained on its web site, at any time by providing written notice to the User as regulated in clause 16. The User’s continued use of the Software after the effective date of any such modifications shall constitute acceptance of such modifications. 

14. Assignment

14.1 Shireburn shall be able to assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement, by notifying the User of such assignment through modifications of the terms of this Agreement.  

14.2 The User is unable to assignment this Agreement. 

15. Notices

15.1 Any notice required to be given under this Agreement will be delivered to the User either by e-mail, using the last known email address of the User, or through a notice presented on next accessing the Software.  

15.2 The User undertakes to update on their profile any changes to their email address. 

16. Waiver

16.1 A waiver of any right under this Agreement is only effective if it is provided through a notice as per Clause 16 and it applies only to the Party to whom the waiver is addressed and to the circumstances for which it is given.  

17. Severance

17.1 If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, that provision will be inapplicable however the other provisions shall remain in force.  

18. Governing Law and Dispute Resolution

18.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of Malta.  

18.2 Any dispute arising out of or relating to this Agreement shall be resolved through good faith negotiations between the Parties.  

18.3 If the dispute cannot be resolved amicably, it shall be finally settled by arbitration in Malta in accordance with the rules of the Malta Arbitration Centre, the number of arbitrators being one, and the decision of the arbitrator shall be binding and enforceable. 

19. Entire Agreement

19.1 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. 

Indigo Hiring End User Agreement