Version 1.0-draft
Draft for review. These terms are not yet offered for acceptance, and marked fields are still to be completed.
Version 1.0-draft
To complete: opening paragraph identifying the parties and to whom these terms apply, for Legal to supply
To complete: the remaining Client ATS Terms: scope, authority, acceptable use, feature controls, termination and DPA precedence, distinguishing software processing from separately contracted recruitment services (Legal pack v1, Part A, "Client terms and agency status")
Each party acts as an independent controller for its own recruitment or hiring use of candidate information disclosed through our introduction services. Where we store or otherwise process your private hiring notes, scorecards, assessments or other candidate records on your behalf, you are controller and Birch & James Associates Ltd is processor for that processing, and the incorporated Data Processing Agreement applies. This applies whether the candidate was introduced by us, applied directly or was added by you. It does not transfer control of our separately maintained agency recruitment record or authorise us to reuse your private records for our own purposes. Feedback you provide for use in our own recruitment service shall be distinguished from your private hiring records and handled under the applicable recruitment terms and privacy information.
Client-controlled record functions may be used only after an authorised representative has accepted the Client ATS Terms and Data Processing Agreement and the relevant processing scope, safeguards and notices are in place. No separate acceptance is required on the first note where the accepted DPA already covers that processing. Until then those functions shall remain disabled.
Birch & James Associates Ltd keeps the Customer's company account data, including the account details of each person given a seat, for the life of the account and for up to 12 months after a seat is removed or these Client ATS Terms end, and keeps contract and invoice records for six years. It holds that data as controller (privacy notice section 2.11); it is not Customer Applicant Data, which the Data Processing Agreement governs.
To complete: company account data and contract record retention, written from the owner's decision of 2026-11-03 to match privacy notice section 2.11; not Legal's text, for the reviewing solicitor to confirm its wording and place in these terms
Birch & James Associates Ltd, trading as deciml and TechChain Talent, is registered in England and Wales (company no. 09549374), registered office: Office Gold Building 7, Floor 5, 566 Chiswick High Road, Chiswick Business Park, London W4 5YG, United Kingdom. Privacy and data protection: privacy@deciml.io. Support and documented instructions: support@deciml.io. These Client ATS Terms are governed by the law of England and Wales, and its courts have jurisdiction, without restricting applicable statutory rights.
To complete: company details, contacts and governing law, filled from the privacy notice (owner decision 2026-11-03); for the reviewing solicitor to confirm their wording, the governing-law choice and its consistency with DPA TWELFTH
The following documents are incorporated into these Client ATS Terms by reference, at the versions stated: