Bench Connect REQUIREMENTS – Data Privacy Consent Statement
Welcome to “Bench Connect,” an online mobile marketplace for on-demand temporary staffing owned and operated by Compass Group USA, Inc. (“Compass,” the largest contract foodservice and catering company in the world, https://compass-usa.com). The Bench Connect marketplace is for recruiting, hiring, scheduling, and managing on-demand and temporary staffing for businesses operated by Compass.
These Bench Connect REQUIREMENTS – Data Privacy Consent Statement (the “Statement”) govern legal aspects of your relationship with Compass described herein. You may also be asked to agree to other Compass Policies and Requirements if you become employed by Compass or its Affiliates (“Affiliates” are entities controlling, controlled by, or under common control with the businesses named in herein).
Bench Connect uses a mobile application to enable employment application, scheduling, staffing, and management (the “App”). The mobile application is owned and operated by JJJ International Inc. (doing business under the brand name Jitjatjo) and its Affiliates (collectively,”Jitjatjo,” “Company”, “we”, “us” or “our”). The Terms and Conditions of Use of the App govern legal aspects of your relationship with Jitjatjo and can be viewed in the section following this Statement.
If you accept this Statement and authorize us to send emails about similar Compass Group jobs, we will create your profile for our careers website (https://www.compassgroupcareers.com/), and you will be opted-in to receive notifications for similar Compass Group job postings. We encourage you to review your profile and your default notification settings as you use Bench Connect. Note that you can adjust your alert settings at any time. We are excited to keep you informed regarding new job opportunities at Compass Group. Thank you for your interest in potential employment with us!
Compass Group is an equal opportunity employer. At Compass, we are committed to treating all Applicants and Associates fairly based on their abilities, achievements, and experience without regard to race, national origin, sex, age, disability, veteran status, sexual orientation, gender identity, or any other classification protected by law. The information you provide in your application will be used only for processing your application and in response to any legal obligation we may have. Compass Group also provides reasonable accommodations to qualified individuals with disabilities in accordance with the Americans with Disabilities Act and applicable state and local law. If you require assistance or a reasonable accommodation in completing these application materials or any aspect of the application process, please contact our Recruitment Coordinator by calling 1-800-357-0012 (when prompted, please dial extension 3285535). A response to a request may take up to two business days.
TERMS AND CONDITIONS FOR USE OF THE APP
Effective date: February 11, 2020
PLEASE READ THESE TERMS CAREFULLY. THEY COVER IMPORTANT INFORMATION ABOUT YOUR USE OF THE APPAND ARE PROVIDED ON A TAKE IT OR LEAVE IT BASIS.
YOUR USE OF THE APP DOES NOT GUARANTEE EMPLOYMENT OR CREATE AN EMPLOYEE RELATIONSHIP WITH ANY BUSINESS NAMED IN THESE TERMS.
BY REGISTERING FOR THE USE OF THE APP OR USING THE APP IN ANY WAY, YOU ARE ACCEPTING ALL OF THE TERMS.
YOU AGREE (A) THAT THESE TERMS ARE A BINDING CONTRACT BETWEEN YOU AND JITJATJO THAT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU AND (B) THAT Bench Connect IS NOT A PARTY TO THESE TERMS.
IN ADDITION TO THESE TERMS, PRIOR TO THE START OF YOUR EMPLOYMENT, AND AS A CONDITION OF YOUR EMPLOYMENT, Bench Connect WILL REQUIRE THAT YOU AGREE TO ITS POLICIES AND REQUIREMENTS (“Bench Connect REQUIREMENTS”),AND YOU WILL BE SUBJECT TO SUCH Bench Connect REQUIREMENTS AND TERMS OF EMPLOYMENT WITH Bench Connect, INCLUDING PRIVACY POLICIES PROVIDED BY Bench Connect.
IN THE EVENT OF ANY DISPUTES BETWEEN YOU AND Bench Connect, THE Bench Connect REQUIREMENTS WILL TAKE PRIORITY IN ANY CONFLICT BETWEEN THESE APP TERMS AND THE Bench Connect REQUIREMENTS,.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT REGISTER FOR OR USE THE APP. BY CONTINUING TO ACCESS OR USE THE APP OR ANY SERVICES OFFERED THROUGH THE APP YOU (“APPLICANT”, “PERFORMER”, “YOU” OR “YOUR”), CONFIRM YOUR ACCEPTANCE OF THE TERMS, WHICH WILL REMAIN IN EFFECT WHILE YOU USE THE APP.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND JITJATJO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
These App Terms are divided into 5 main parts:
If you have any questions, comments, or concerns regarding these App Terms, or would like to request a paper copy of these App Terms, please contact us at:
Modifications. From time to time, Jitjatjo may modify these App Terms; we reserve the right to do so at any time, but if we do, we will bring it to your attention by placing a notice on the App, by sending you an email, and/or by some other reasonable means. Accordingly, please continue to review the App Terms whenever accessing or using the App. Your use of the App, or any service procured within the App, after the posting of modifications to the App Terms will constitute your acceptance of the App Terms, as modified. If, at any time, you do not wish to accept the App Terms, you are free to reject them; unfortunately, that means you may not use this App and Bench Connect may immediately terminate your employment. Any terms or conditions proposed by you that are in addition to, or which amend, modify, or conflict with, the App Terms are expressly rejected and shall be of no force or effect.
“Additional Terms” has the meaning set forth in the Overview.
“Affiliates” has the meaning set forth in the Overview.
“App” or “Jitjatjo” has the meaning set forth in the Overview.
“Applicant”, “Performer”, “you” or “your” has the meaning set forth in the Overview.
“Accepted Gig” has the meaning set forth in Section 4(a).
“Availability” means the dates and times you input in the App that you are available to work.
“Booking” means a request for temporary staff that a Bench Connect inputs and confirms in the App.
“Cancellation” means your act of cancelling an Accepted Gig.
“Change Agent” means a salaried employee of Company who communicates with Bench Connect and Performer on behalf of Jitjatjo.
“Credentials” means your username and password that enables access to the App.
“Communication Services” means any communications, including but not limited to any forms, geo-location, notifications, messages, SMS, emails, or communication facilities designed to enable App users to communicate with other App users and/or Company in relation to our Services.
“Company”, “we”, “us” or “our” has the meaning set forth in the Overview.
“Company Parties” means Company and its licensors, suppliers, partners, parent, or Affiliates, and each of their respective officers, directors, members, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns.
“Content” means any text, images, photographs, graphics, audio and video, data, Submissions, or other materials, including user profile data such as names, addresses, and contact details Submitted by you or other users that may be displayed, performed, or made available on or through the App.
“Devices” means all devices you may use to access the App.
“Dismissed” means you are asked not to start, or asked to leave, a Gig before the scheduled end-time.
“Extended Time” means the extra time you worked beyond the scheduled end-time specified in the Gig at the request of Bench Connect.
“Feedback” means any Content you Submit that provides Company with information about reactions, suggestions, recommendations, proposals, or feature requests in relation to the App or Services.
“Force Majeure Event” means an act outside the control of a party that prevents the party from performing their obligations to uphold the App Terms, including but not limited to the compliance of any laws, regulations, orders, acts, instructions or priority of requests of government, acts of god, fires, floods, weather, strikes, lock outs, security accreditation revocation, wars, riots, terrorist acts, delay or shortage in transportation.
“Gig” means a job assignment and period of time between the start-time and end-time for such job assignment.
“Hiring Process” has the meaning set forth in Section 1(a).
“Intellectual Property Rights” means all copyright, design rights, database right, patents, and any rights to inventions, know-how, trade and business names, trade secrets and trademarks (whether registered or unregistered), and all other intellectual and proprietary rights of any sort throughout the world (including any applications thereof).
“Instant Payment” means the funds advanced to you ahead of the Standard Payment.
“Jitjatjo Business App” means the version of the App made available to Bench Connect.
“Location Coordinates” means the latitude and longitude location.
“Marks” means, collectively, the trade-names, trade-marks, site-marks and logos displayed on the App.
“Minimum Average Rating” means the minimum average acceptable rating established by Company, as may be updated from time to time by Company in its sole discretion.
“Proprietary Information” means financial, business, legal, technical, and other proprietary and confidential information relevant to Company’s or any third parties’ (including Bench Connect) business, operations, or properties, that you learn or obtain during your employment or your use of the App or that you receive by or for Company in confidence.
“Rates” means the gross hourly rate paid for Gigs and gross amount paid for Referrals.
“Referrals” means any introduction you provide Company that meets, in Company’s or Bench Connect’s sole discretion, the criteria of their referral policies as amended from time to time.
“Services” means any products or services provided by Company to you, including the process of storing your Availability and assigning you Gigs, in addition to paying you for the Gigs you complete and Referrals you provide.
“Standard Payment” means the payroll process that pays Performer for the Gigs worked and Referrals provided.
“Success Criteria” means a specific threshold for your average Ratings as a Performer that may make you eligible for Instant Payment, as determined by Bench Connect in its sole discretion.
“Submit” means any Content that you create, input, upload, publish, post, transmit, store, share, distribute, disseminate, or otherwise provide using the Communication Services in the App.
“Submissions” means any Content or Feedback you provide or Submit or input, upload, publish, post, transmit, store, share, distribute, disseminate, or otherwise provide using the Communication Services in the App.
“Suppliers” means Company’s suppliers of content, equipment or otherwise.
“Performer Rating” means a rating of you and your performance.
“App Terms” has the meaning set forth in the Overview.
HOW IT WORKS
APP SERVICE TERMS
To Company. Your notices to Company must be sent by registered mail to:
Attn: Legal Counsel
JJJ International Inc.
154 Grand Street
New York, NY 10013,
To you. Company will send notices to you via the email address you provide, or by registered mail to the address you provided in the App. Notices sent by registered mail will be deemed received five days following the date of mailing.