Acceptable Use Policy

This Acceptable Use Policy sets out the rules that apply when you:

• upload or share content to our Platform;
• generate any content on our Platform;
• make contact with other users on our Platform;
• link to our Platform; or
• use or interact with our Platform in any other way.

The rules in this Acceptable Use Policy must be complied with in spirit as well as to the letter.

This Acceptable Use Policy applies to all users of the Platform, including:

• Candidates; and
• personnel of Hirers – for example, HR or Talent team members.

By using our Platform you agree to comply with this Acceptable Use Policy. If you do not accept this Acceptable Use Policy, you must not use our Platform.

You must not use our Platform:

• If you are under 18.
• In any way that breaches any applicable local, national or international law or regulation.
• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm any person (particularly minors) in any way.
• To bully, insult, intimidate or humiliate any person.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (below).
• To promote, facilitate, or engage in gambling, games of chance, lotteries, sweepstakes, or contests.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• In any way that involves:
  • adult or child sexual exploitation or abuse;
  • controlling or coercive behaviour;
  • human trafficking;
  • unlawful immigration;
  • fraud and financial offences;
  • proceeds of crime offences;
  • drugs or psychoactive substance offences; or
  • foreign interference offences.
• To upload terrorist content, which includes any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.

You also agree not to:

• Reproduce, duplicate, copy or re-sell any part of our Platform;
• Access without authority, interfere with, damage or disrupt:
  • any part of our Platform;
  • any equipment or network on which our Platform is stored;
  • any software used in the provision of our Platform; or
  • any equipment or network or software owned or used by any third party.
• Attack our Platform via a denial-of-service attack or a distributed denial-of service attack.
• Infringe our intellectual property rights or those of any third party in relation to your use of the Platform.
• Use the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users.
• Collect or harvest any information or data from the Platform or our systems or attempt to decipher any transmissions to or from the servers running the Platform.
• Harvest, collect or store information about users of the Platform or the content posted by others on the Platform or use such information for any purpose inconsistent with the purpose of the Platform or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorised use of the Platform, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited.

The content standards below apply to each part of any Contribution as well as to its whole.

A Contribution must:

• Be accurate (where it states facts).
• Only contain opinions that are genuinely held.
• Comply with the law applicable in any country from which it is posted and to which the website is targeted.

A Contribution must not:

• Be defamatory of any person.
• Be obscene, offensive, hateful or inflammatory.
• Bully, insult, intimidate or humiliate.
• Be pornographic in nature.
• Encourage, promote or provide instructions for:
  • deliberate self-harm;
  • suicide; or
  • an eating disorder or behaviours associated with an eating disorder.
• Promote sexually explicit material.
• Include child sexual abuse material.
• Incite violence or hatred against particular groups.
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Include content that would be considered a criminal offence under laws relating to terrorism, child sexual abuse material, racism or xenophobia.
• Infringe any copyright, database right or trademark of any other person.
• Include video content not suitable for BBFC classification.
• Be likely to deceive any person.
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
• Contain illegal content or promote any illegal content or activity.
• Be in contempt of court.
• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
• Be likely to harass, upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person.
• Give the impression that the Contribution emanates from us, PYNEA, if this is not the case.
• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
• Contain any advertising or promote any services.

You must not upload, post, create on our Platform, share or cause any uploading, posting, creation or sharing, of any of the following:

• A grossly offensive, indecent, obscene or menacing message intending to cause offence, menace, distress or anxiety.
• A false message knowing it to be false, intending to cause non-trivial psychological or physical harm to a likely audience, and with no reasonable excuse.
• A message threatening death or serious harm while intending or being reckless as to whether the object of the threat would fear that the threat would be carried out.
• Flashing images when it is reasonably foreseeable that an individual with epilepsy will see it and the sender intended that the individual would suffer harm and the sender has no reasonable excuse for sending the images.
• A communication that intends to encourage serious self-harm.
• An unsolicited sexual image, including a manufactured intimate image or "deepfake" intending the recipient to be caused alarm, distress or humiliation, or for the purpose of sexual gratification and being reckless as to whether the recipient will be caused alarm, distress or humiliation.
• A sexually explicit deepfake.

You must comply with our guidance on use of maturity or sensitivity ratings on video content.

For the avoidance of doubt, for any Contribution in the form of video content:

• You must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).
• You must not upload a video containing harmful material including material likely to incite violence or hatred against a group of persons or a member of a group of persons based on any of the following grounds: sex, race, colour, ethnic or social origin, genetic features, language, religion or other belief, political opinion, membership of a national minority, property, birth, disability, age or sexual orientation.

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Platform, or any services we provide through it, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):

• Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Platform or any data, content, information or services accessed via the same.
• Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

You shall not use, and we do not consent to the use of, our Platform, or any data published by, or contained in, or accessible via, our Platform or any services provided via, or in relation to, our Platform for the purposes of developing, training, fine-tuning or validating any AI system or model.

You may link to our Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not:

• Establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
• Frame our Platform on any other site.

The website in which you are linking must comply in all material respects with the rules set out in this Acceptable Use Policy.

We will consider, at our discretion, whether there has been a breach of this Acceptable Use Policy. If we consider that there has been, we may take such action as we deem appropriate, including but not limited to any or all of the following:

• Immediate (temporary or permanent) withdrawal of your access to the Platform.
• Immediate (temporary or permanent) removal of a Contribution.
• Issuing a warning to you.
• Where an offence may have been committed, disclosure of such information to law enforcement authorities or regulators as we reasonably deem is necessary, or as required by law.

Failure to comply with this Acceptable Use Policy constitutes a material breach of our Candidate Terms of Service and Hirer Terms of Service (for personnel of Hirers).

We may amend this Acceptable Use Policy from time to time. Every time you wish to use our Platform please check this Acceptable Use Policy to ensure you understand the terms that apply at that time. We will inform you of any significant changes to this Acceptable Use Policy by placing a notice on our Platform or contacting you via email.