BES Job Board: Terms of Service

Last Updated: December 11, 2024

Job Seekers

1 Introduction

Welcome to BES Job Board! The Terms of Service delineate the terms and conditions governing the utilization of this platform. By accessing this website and utilizing Our services, You agree to abide by these terms. If You do not agree to these terms, You may not use the BES Job Board. For more information, please visit bipocsearch.com.

1.1 Definitions

For the purposes of this Terms of Service:

Account means a unique Account created for You to access our service or parts of our service.
Agreement refers to this Terms of Service document in general.
BES Job Board/ BES Client Portal BES/We/Our/Us/ Company refers to BIPOC Executive Search Inc., 222 Bay Street, Suite 3000, Toronto, ON, M5K 1E7.
Communications and Materials refers to any information shared by Job Seekers or Employers through the BES platform, including job applications, resumes, messages, and responses, which may be processed and stored by BES.
Demographic Data refers to voluntarily provided information by Job Seekers about their race, ethnicity, gender, age, LGBTQ+ identity, disability status, or criminal record, used to improve BES services and shared only in aggregate summaries.
Device refers to any electronic equipment capable of accessing the Service, including but not limited to computers, cell phones, and digital tablets.
Disparate Impact A concept in employment law referring to practices that, while not intentionally discriminatory, disproportionately affect members of a protected group under anti-discrimination laws.
EDIA refers to Equity, Diversity, Inclusion, and Accessibility.
Employer refers to an individual or organization that uses the BES Client Portal to post job advertisements and connect with potential Job Seekers.
Job Listings refers to posts on the BES Job Board provided by various employers, detailing employment opportunities including job descriptions, requirements, and application instructions.
Job Seeker refers to an individual actively seeking employment opportunities through the BES Client Portal by utilizing its features for job searches and applications.
Job Seeker Data refers to information collected by BES about a Job Seeker's activities and interactions on the site, such as job searches, applications, and account preferences, which may be stored, analysed, and used for service improvements.
Personal Data is any information that relates to an identified or identifiable individual. For the purposes for GDPR, personal data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
Screening Tools refers to features provided by BES to employers—including screener questions, phone screening tools, and assessments— used to evaluate job applicants during the hiring process.
Service refers to the BES Online Portal, which provides job search and application functionalities for Job Seekers and a platform for Employers to post job listings.
User Content refers to any information submitted by a Job Seeker to BES, such as resumes, cover letters, or contact information, which may be stored or shared with employers.
Website refers to the official website of BIPOC Executive Search Inc., accessible at www.bipocsearch.com, through which users interact with the BES Job Board.
You/Your refers to the individual accessing or using the BES service, typically in the capacity of a Job Seeker actively looking for employment.

2 Acceptance of Terms

As a Job Seeker, by accessing or using the services provided by BES on any Device, You agree to comply with our Terms of Service, as well as any additional terms and conditions that may apply. If You do not agree with any part of these terms, You are not permitted to access or use our services. As a Job Seeker, You agree to use BES solely for lawful purposes and in compliance with the Terms of Service. You are responsible for ensuring that all information You provide is accurate, complete, and up-to-date.

3 Registration

To access certain features of BES, You must register an Account on a Device. When registering, You agree to provide accurate and complete information about yourself. You are responsible for keeping Your Account credentials confidential and for any activity that occurs under Your Account.

4 User Content

By submitting any information (e.g., resumes, cover letters, contact information, etc.) to BES, You are requesting and granting BES permission to store and/or share Your profile with interested employers, if applicable. Please note that Your profile is not accessible to any employer by default. It will only become accessible if You apply for a position or if BIPOC Executive Search actively chooses to share Your profile.

5 Job Listings

BES provides listings of employment opportunities from various employers, but we do not guarantee the accuracy, completeness, or reliability of these listings. You agree to conduct Your own due diligence before applying for any position listed on our site.

You acknowledge that before submitting an application through BES, it is Your responsibility to review and ensure You are applying to Your intended employer and position. Once You provide information to an employer (whether in the form of a job application, resume, email, interview material, or otherwise), BES has no control over how the employer uses or discloses that information. If You wish to request that the employer delete, modify, or maintain the confidentiality of any such information, You must contact the employer directly. Unsubscribing from BES will not affect interviews You have already scheduled or retract any resumes or applications already submitted for a job posting. If You need alternative methods to apply, You must contact the employer directly, as BES is not responsible for the employer’s application process.

Job ads may expire or be removed before Your application is received, causing Your application to become void. Both BES and the employers to whom You submit Your application may retain Your resume and related information, regardless of the status of a job ad.

By using BES, You acknowledge that we are not responsible for the content of an employer’s job application, requirements, messages, screener questions, skills assessments, or their format and method of delivery. BES also does not ensure that Your application will be received by the employer or that You will receive messages from them. Please note that BES does not control the questions asked by employers or establish the job qualification criteria. Employers are solely responsible for complying with all relevant laws, including but not limited to the Accessibility for Ontarians with Disabilities Act (AODA). Employers are responsible for providing alternative screening methods if required by the AODA. If You require alternative screening methods, please contact the employer directly.

BES cannot guarantee that employers will consider all applications. Employers may ask applicants to voluntarily disclose certain demographic information, such as race, ethnicity, gender, or disability status, along with their job applications. This process is separate from BES’s collection of demographic data, and BES bears no responsibility for these inquiries. If You have any questions or concerns regarding an employer’s application materials, please contact the employer directly or refer to their privacy policy.

6 Your Job Seeker Data

As a Job Seeker, You take various actions on our Site and provide different types of information. For example, You search for jobs, and BES stores information such as the job titles You search for and click on, the locations of those jobs, the general salary range or experience level (if indicated on the Job Listings), the Job Listings You apply to, Your activity level, Your most recent activity on BES, and any other information You provide directly to BES, including desired salary, past experience, Your BES profile details, and Your other behaviours on the site. You are aware of this data because You provided the information or performed the actions, and the data pertains solely to Your activity. By using BES, You acknowledge and agree that BES may collect, record, process, analyse, and store any and all information You provide and any activities You engage in on the site, as well as all interactions and communications You have with, on, or through the site. By continuing to use BES, You also consent to the collection, storage, and processing of this information in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR), where relevant.

When You initiate a job application on a website operated by an Employer or its applicant tracking system, BES may collect certain information about You and Your actions during the visit through automated means, such as cookies, pixels, and web beacons. This information includes, for example, the Job Listings You viewed and job applications You started and completed. Employers who provide tracking functionality are required to provide any necessary notices and obtain prior consent where applicable. However, You acknowledge and agree that BES has no control over such an Employer or its website. You consent to BES’s use of and receipt of information from any such tracking functionality.

If You have an Account, You agree that BES may associate this data with Your Account and use it to suggest jobs to You. You also agree that BES may contact You based on this observed behaviour or the information You have provided, either on behalf of Employers or BES itself. Please note that these actions do not include information sent to You by a third party. When You make changes to Your Account, it may take a few days for the changes to be reflected.

You may have the opportunity to provide BES with certain demographic information about yourself, such as Your race and ethnicity, gender, age, LGBTQ+ identity, disability status, and whether You have an arrest or conviction record (“demographic data”). By choosing to provide Your demographic data, You agree that BES may use it to evaluate and improve our products and share aggregate summaries of job seeker information with employers. If You do not want Your demographic data used in this way, do not provide it to BES. If You have already provided Your demographic data, You can request its removal. You also acknowledge and agree that another Job Seeker’s demographic data is personal information, and to the extent permitted by law, You waive any right to request or view demographic data pertaining to any other Job Seeker.

Please note that BES may be required to comply with legal obligations, governmental requests, or to establish or exercise its legal rights or defend against legal claims. For example, BES may receive legal process from courts or law enforcement to disclose user data, including demographic data.

Please note that BES may be required to comply with legal obligations, governmental requests, or to establish or exercise its legal rights or defend against legal claims. For example, BES may receive legal process from courts or law enforcement to disclose user data, including demographic data. By accepting this agreement, You consent to BES sharing Your data as necessary to comply with such legal obligations or requests.

Additionally, some Employers may ask applicants to voluntarily self-identify demographic information, such as race, ethnicity, sex, disability, and/or veteran status, as part of their job applications. Some Employers are required by law to ask these questions, and You may encounter them when applying for jobs on BES. This process is separate from BES’s collection of demographic data, and BES is not responsible for these inquiries. If You have questions or concerns about an Employer’s application materials, please contact the Employer directly or refer to their privacy policy.

7 Screening Tools

BES may provide screening tools for Employers to use in the application process, including screener questions, phone screening tools, and assessments. BES licenses these tools for Employers’ use at their discretion. As a Job Seeker, You agree that the Employer has decided to use these tools as part of its application process, and the questions asked are solely determined by the Employer, not by BES. The Employer is the sole party responsible for determining which answers qualify a candidate and for the use of the screening tool, including any results that may have a “disparate impact.”

BES Job Board is not an employment agency. By using the BES Job Board, You acknowledge that it serves solely as a platform for Employers and Job Seekers to exchange information at their discretion. Employers and Job Seekers are fully responsible for the content they provide, any interview requests or job offers made, issues arising from the acceptance or rejection of employment, and any other matters related to the use of screening tools.

You further acknowledge that only the Employer is responsible for providing alternative methods of screening if required by the Accessible Canada Act, the Americans with Disabilities Act, or any other equivalent or similar law. BES does not guarantee that the delivery method of these questions complies with any such law.

8 Communications and Other Actions on the Site

When You view, send, store, or receive communications or materials (including job listings, resumes, messages, text messages, emails, applications, questions and responses in applications, and any other information) to, on, or through the site on any Device, You agree to the processing, analysis, review, and storage of Your communications and materials, including through automated means, for data analysis, quality control, enforcement of the site’s rules and other BES policies, content moderation, and to improve the site or any other BES product or service, whether through automated means or otherwise. BES also utilizes vendors as an extension of the site to collect, record, process, analyse and store communication data. If You disagree with any part of these terms, do not use the site.

When an Employer views, sends, stores, or receives communications or materials through or using the Site, BES may notify You of such actions. Additionally, We may inform You when an Employer takes other actions concerning a job ad or Your application, such as pausing or closing a job ad, opening Your application, viewing Your application, responding to Your application, or making a decision regarding Your application or job ad.

9 Limitation of Liability

You are solely responsible for determining which jobs to apply for and for the content of Your applications. BES assumes no responsibility and disclaims all liability for any actions You undertake. We do not guarantee that applying for job ads will result in job interviews or hiring. We bear no responsibility or liability for the content, accuracy, completeness, legality, or availability of the job ads.

10 Disclaimer of Warranties

The BES Job Board is provided ‘as is’ and ‘as available’ without any warranties of any kind, whether express or implied. BES does not warrant that the BES Job Board will be uninterrupted, secure, or error-free. You understand and agree that You access and use the BES Job Board at Your own discretion and risk, and that BES disclaims all liability arising out of Your use of the BES Job Board. It is Your responsibility to regularly review the BES Job Board for the most up-to-date information (including, but not limited to, explanations about how features work, disclaimers and disclosures regarding the services provided, and method for charging, if applicable) about BES’s products and services. By using the BES Job Board, You agree to all information provided on the BES Job Board. Use of the BES Job Board shall not excuse any lack of information or understanding about BES’s products and services where that information is otherwise provided on the BES Job Board.

11 General Indemnification

You shall indemnify, defend, and hold harmless BES, its agents, affiliates, and licensors from any claim or liability (including, without limitation, reasonable legal fees) arising out of or related to: (a) Your violation of any term of this Agreement; (b) Your use of, and access to, the BES Job Board or any BES product, program, or service; (c) Your loss of, or disclosure of, information gained from using the BES Job Board or any BES product, program, or service; (d) Your violation of any applicable laws or regulations, including but not limited to the Canadian Human Rights Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws (this includes any claims that BES, as Your agent, violated any such laws); (e) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; (f) any claim that Your content caused damage to a third party; or (g) the activities of any third-party service providers You may engage to assist You with activities related to Your use of BES products and services. This defense and indemnification obligation will survive this Agreement and Your use of the BES Job Board or any BES product, program, or service.

12 Class Action Waiver

By using the BES Job Board, You acknowledge that BES can only offer You these services under the terms and conditions presented herein. As partial consideration for Your use of the BES Job Board, You agree not to sue BES as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against BES regarding Your use of the BES Job Board. If You do not agree to any part of these terms, do not continue Your use of the BES Job Board.

13 Privacy

Your use of the BES Job Board is also governed by Our Privacy Policy. Please review Our Privacy Policy, which explains how We collect, use, and disclose information that pertains to Your privacy.

14 Modification of Terms

BES reserves the right to modify or revise the Terms of Service at any time. Any changes will be effective immediately upon posting on this page. Your continued use of Our site after any such changes constitutes Your acceptance of the new Terms of Service. Please review these terms regularly to stay informed of any updates.

15 Code of Conduct

To maintain a professional and respectful environment on the BES Job Board, all users are expected to adhere to the following guidelines:

  1. Respectful Communication: Treat all other users, employers, job seekers, and BES staff with respect and professionalism in all communications.
  2. Compliance with Laws: Use the BES Job Board only for lawful purposes and in compliance with applicable laws, including those related to employment, anti-discrimination, and data protection.
  3. Accuracy of Information: Ensure that all information provided on the platform, including job postings and application details, is accurate, truthful, and up-to-date.
  4. Prohibited Activities: Avoid using the platform to:
    • Post or transmit any content that is unlawful, discriminatory, defamatory, or offensive.
    • Engage in harassment, abuse, or any behaviour that disrupts the platform or other users’ experiences.
    • Access, or attempt to access, accounts or data belonging to others without authorization.
  5. Fair Use: Do not misuse the platform’s tools or features in ways that may harm the system, other users, or BES.

Enforcement: Failure to comply with this Code of Conduct may result in warnings, suspension, or termination of access to the BES Job Board. BES reserves the right to investigate and take appropriate action for any violations.

If you have any questions about these guidelines, please contact us at contactus@besclientportal.com.

16 Termination

We reserve the right to terminate or suspend Your access to BES at any time, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.

17 Governing Law and Venue

As an organization headquartered in Toronto, Ontario (Canada), this Agreement shall be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Services shall be subject to the exclusive jurisdiction of the courts located in Toronto, Ontario.

18 Notices

Either party may give notice to the other party by means of electronic mail or by written communication sent by first class mail or pre-paid post, either of which shall constitute written notice under this Agreement. You must give notice to Us in writing sent to contactus@besclientportal.com. We will provide notice to You at the email provided by You or to the mailing address designated on the Account registration (or the then-current mailing address provided by You).

If You have any questions about these Terms of Service, please contact Us at contactus@besclientportal.com.

By using the BES Job Board as a Job Seeker, You acknowledge that You have read and understood these Terms of Service and agree to be bound by them.