Trade Me Jobs Profiles terms and conditions
1. Agreement
1.1. Scope: These Trade Me Jobs Profiles terms and conditions ("Terms") govern how you, as a job recruiter, job advertiser or employer ("Recruiters" "you" and "your") can access and use the candidate data, personal information and commercially sensitive information contained in Trade Me’s candidate search product, “Trade Me Jobs Profiles” which is comprised of Job Profiles created by Trade Me members ("Candidates").
1.2. Acceptance: By accessing Trade Me Jobs Profiles, you confirm you are a Recruiter and agree to be bound by these Terms. If you do not agree to these Terms, you must not use or access Trade Me Jobs Profiles.
1.3. Changes: Trade Me may amend these Terms from time to time, by posting updated Terms on our website. Your continued use after any changes means you accept the new Terms.
2. Access and security
2.1. Access: Trade Me grants you access to Trade Me Jobs Profiles, which includes Candidates' personal information and commercially sensitive information. Access without our direct permission is not allowed. If you have access through your employer and you leave that employment, then your access must cease immediately.
2.2. Approved Users (your staff): You may assign additional users to your account, provided that they must be employed by you and must also be Recruiters (“Approved Users”). You must ensure that each of your Approved Users understands and agrees to abide by these Terms. You are responsible for all actions taken by your Approved Users, and any breach of these Terms by your Approved Users will be considered a breach by you.
2.3. Login: You are responsible for keeping your login information, including your email address and password, secret and secure. You agree to not permit any other person access to Trade Me Jobs Profiles and Trade Me Jobs Profiles information using your login credentials. You are responsible for all actions taken by any person using your login credentials. Approved Users must create and use their own login credentials for accessing Trade Me Jobs Profiles and Trade Me may revoke the access of any Approved User, or decline to register any Approved User, at its sole discretion.
2.4. API Access: You may be granted access to the Trade Me Jobs Profiles database via the Trade Me API, for the sole purpose of integrating with your own applicant tracking systems (ATS). This access is subject to our API terms and conditions. Any Trade Me Jobs Profiles information accessed via the API and stored within a Recruiter's ATS must be handled with the same level of confidentiality, security and sensitivity as outlined elsewhere in these Terms. Recruiters must ensure that this information is securely stored and that a process is in place to delete or anonymise it within a reasonable timeframe (being no longer than 90 days) once the role-specific recruitment purpose for which it was collected has been fulfilled or otherwise closed.
3. Recruiter obligations and data use
3.1. General Information Use Restrictions: The Trade Me Jobs Profiles information is strictly confidential. Except for the 'Download CV' function and any specifically authorised access via the Trade Me API, you must not manually or automatically copy, scrape, download, or otherwise replicate any Trade Me Jobs Profiles information
3.2. Single-Role Use and Non-Reuse: You must only use Trade Me Jobs Profiles information to contact a Candidate for a single, specific, existing job vacancy for which you are actively recruiting. You must not reuse, retain, or store the information for any other job vacancy, for general talent pooling, or for any purpose other than the specific role for which you initially contacted the Candidate.
3.3. Candidate Contact: All contact with Candidates must be professional and relate to an existing, relevant employment position. If a Candidate indicates they do not wish to receive contact from you, you must immediately refrain from any further contact.
3.4. Compliance and Security: You must comply with all applicable New Zealand laws, including the Unsolicited Electronic Messages Act 2007, when accessing, using, or disclosing Trade Me Jobs Profiles information. You must take reasonable security measures to protect any Trade Me Jobs Profiles information that you access, including any Candidate CV's that you download.
3.5. Privacy: You must comply with Trade Me’s privacy policy and the Privacy Act 2020 when accessing, using and disclosing Trade Me Jobs Profiles information. This includes ensuring you comply with your obligations in relation to indirect collection of personal information, as you will be collecting information about Candidates indirectly when using Trade Me Jobs Profiles. Trade Me will not complete the indirect disclosure notification requirements for you.
4. Termination
Without limiting any action that Trade Me may take under any other terms between us, Trade Me may immediately suspend or terminate your access (with or without notice to you) if you: breach these Terms or any other terms between you and Trade Me (including terms relating to payment); misuse any Trade Me Jobs Profiles information; or engage in conduct that Trade Me reasonably considers inappropriate or damaging to its reputation.
5. Liability and Indemnity
5.1. Indemnity: You agree to indemnify Trade Me against any and all claims, costs, losses, or damages suffered by Trade Me (including legal costs and expenses) due to your access to or misuse of Trade Me Jobs Profiles and Job Profile information, your breach of these Terms, or your breach of any relevant New Zealand law (including privacy laws).
5.2. Liability Limit: To the maximum extent permitted by law, Trade Me is not liable for any loss or damage you suffer in connection with your use of Trade Me Jobs Profiles, including but not limited to any direct, indirect, consequential, incidental special, punitive or incidental loss or damages, or loss of profits, data, business or anticipated savings), regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise.
5.3. Equitable Relief: You agree that monetary damages are not enough to remedy a breach of any privacy obligation, and Trade Me is entitled to seek immediate court orders (including injunction or specific performance) to stop any such breach.
5.4. No warranty: Trade Me cannot and does not guarantee that any material that you view on or download from Trade Me Jobs Profiles or our website will be accurate, complete or current, always available, uninterrupted or free from virus or infection.
6. Other terms
These Terms apply in addition to Trade Me's general terms and conditions. Where there is any direct conflict between the Trade Me terms and conditions and these Terms, these Terms shall prevail. For the avoidance of doubt, nothing in these Terms limits Trade Me's ability to take the actions contemplated by Trade Me's general terms and conditions.
Trade Me will collect and hold your information in accordance with our Privacy policy.