Terms and Conditions

1. Acceptance of Terms

Welcome to FairShare ("the Platform"). By accessing or using our website and services, you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to all of these Terms, you are prohibited from using the Platform.

2. Services Provided

FairShare provides a platform for recruiters and companies ("Users") to assess the SQL skills of candidates. This includes presenting coding challenges, collecting candidate submissions, scoring performance, and providing related analytics.

3. User Account and Data

To use the Platform, you must register for an account and provide accurate and complete information, including but not limited to:

• Your email address
• Your username, first name, and last name
• Your Company name

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.

4. Data We Collect and Store

By using FairShare, you acknowledge and consent to the collection, processing, and storage of the following data:

• User Data: The information you provide during registration (email, username, first name, last name, company name).
• Candidate Data: Information related to candidates you assess through our Platform, including but not limited to:
  • Candidate name, username, and email address.
  • Assessment scores, results, and any code submitted.
  • Proctoring Data: In certain assessments, and where explicitly enabled, the Platform may collect audio, video, and screen recording data ("Proctoring Data") for the purpose of maintaining assessment integrity. You agree to inform your candidates that such data may be collected and obtain all necessary consents from them prior to using these features.

5. Data Security and Disclaimer of Liability

We take the security of your data seriously and implement commercially reasonable technical and organizational measures designed to protect the data we store from unauthorized access, alteration, or destruction.

However, you expressly acknowledge and agree that no method of transmission over the Internet or method of electronic storage is 100% secure. Therefore, while we strive to use acceptable means to protect your data, we cannot guarantee its absolute security.

You acknowledge and agree that FairShare, its owners, employees, and agents shall not be held liable for any unauthorized access, use, alteration, or disclosure of your data or candidate data, including any Proctoring Data, that arises from security failures, cyber-attacks (e.g., hacking, phishing, malware), data breaches, or other actions by malicious third parties that are beyond our reasonable control.

In the event of a data breach, we will comply with all applicable laws regarding notification.

6. User Responsibilities and Candidate Consent

You, as the User, are solely responsible for:

• Ensuring that the collection and processing of Candidate Data through our Platform, including the use of Proctoring Data, complies with all applicable privacy and data protection laws.
• Obtaining explicit, informed consent from your candidates before inviting them to an assessment, clearly explaining what data will be collected (including, if applicable, screen and camera recordings) and how it will be used and stored.
• Providing candidates with a link to our Privacy Policy.

FairShare acts as a "Data Processor" on your instructions. You are the "Data Controller" for the Candidate Data you input into the system and remain responsible for it.

7. Data Retention

We will retain User and Candidate Data only for as long as necessary to fulfill the purposes outlined in these Terms and our Privacy Policy, or as required by law. You may request the deletion of your data and candidate data by contacting us.

8. Prohibited Use

You may not use the Platform for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction while using the Service.

9. Limitation of Liability

To the fullest extent permitted by applicable law, FairShare shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising out of or related to your use of the Platform.

10. Changes to Terms

We reserve the right to update or change these Terms at any time. The most current version will be posted on our website. Your continued use of the Platform after we post any modifications constitutes your acceptance of the new Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Alberta - Canada, without regard to its conflict of law provisions.

12. Contact Us

If you have any questions about these Terms, please contact us at: [email protected]