Employer Terms
Effective date: 1 April 2025 · Last updated: 26 April 2026
1. Who These Terms Apply To
These Employer Terms apply to any business, organisation, recruiter, labour-hire agency, or individual who creates an Employer account on CertVault ("Employer", "you", or "your").
By creating an Employer account, you agree to these Employer Terms in addition to CertVault's general Terms of Service.
2. Employer Account Registration
To register as an Employer, you must provide:
- Your full name and a valid business email address.
- Your company or organisation name.
- Accurate information about your business and its purpose for using CertVault.
By registering, you represent that you are authorised to bind your organisation to these terms where you are acting on behalf of a business entity.
3. Inviting Workers
3.1 Sending Invites
Employers may invite Workers to join their workforce on CertVault via an invite link. By sending an invite, you confirm that:
- You have a genuine employment or engagement relationship (or are actively considering one) with the recipient.
- You will not send unsolicited invites to people with whom you have no legitimate pre-existing connection.
- The contact email you provide is the Worker's own professional or personal email address.
3.2 Invite Data
Invite records, including the email address and sender details, are retained for up to 12 months after the invite is accepted or expires, whichever occurs later, for audit purposes — and are deleted sooner if either party closes their CertVault account, in which case the invite record is removed as part of that account's erasure. Workers can decline or ignore invites.
4. Accessing Worker Documents
4.1 Permitted Use
Once a Worker accepts your invite and joins your workforce, you may access their profile and any documents they have uploaded to CertVault. You may only access Worker documents for the following purposes:
- Evaluating the Worker's qualifications and compliance for a genuine role or engagement.
- Verifying compliance with a project, site, client, or regulatory requirement.
- Internal record-keeping directly related to the Worker's engagement with your organisation.
4.2 Prohibited Use
You must not use Worker documents or profile information to:
- Make employment decisions based on protected attributes under the Fair Work Act 2009 (Cth) or applicable state/territory anti-discrimination legislation.
- Share with, sell to, or provide access to third parties without the Worker's explicit consent.
- Build databases, datasets, or directories of workers for purposes unrelated to direct employment or engagement.
- Contact workers for purposes unrelated to their engagement with your organisation.
- Conduct any form of mass unsolicited communication.
4.3 No Endorsement by CertVault
CertVault does not verify, authenticate, or endorse the documents Workers upload. A document appearing on a Worker's CertVault profile does not constitute CertVault's endorsement of that Worker's qualifications, suitability, or fitness for any particular role. You must independently verify documents before relying on them for compliance or employment decisions. See our Disclaimer for more detail.
5. Privacy Obligations
In accessing Worker personal information through CertVault, you acknowledge that you are acting as a data controller in relation to that information and you agree to:
- Handle all Worker personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
- Collect and use personal information only for the purpose for which you accessed it.
- Not retain Worker personal information beyond what is necessary for that purpose.
- Implement appropriate security measures to protect Worker personal information accessed through CertVault.
- Notify CertVault immediately at legal@certvaultapp.com if you become aware of any breach or unauthorised disclosure of Worker personal information obtained via the platform.
6. Compliance Export
Employers can export Worker compliance data as a CSV or report for internal records. You agree that exported data:
- Will be stored securely and access-controlled within your organisation.
- Will be used only for the purpose of managing your workforce's compliance.
- Will not be shared with third parties without the Worker's consent and a lawful basis under the Privacy Act.
- Will be deleted when no longer required for its original purpose.
7. Workforce Management
CertVault provides tools for employers to manage their hired workforce, including viewing expiry summaries and receiving digest notifications. In using these tools, you agree to use them only for legitimate workforce management purposes within your organisation.
8. No Employment Relationship Created
CertVault is not an employment agency, recruitment platform, or job board. Using CertVault does not create, imply, or formalise any employment relationship between you and any Worker. All employment or engagement decisions and agreements are made entirely between you and the Worker, and CertVault is not a party to those arrangements.
9. Mutual Indemnification
9.1 Employer Indemnity to CertVault
You agree to indemnify and hold harmless CertVault (Australian sole trader) and its officers, employees, and agents from any third-party claim, loss, damage, cost, or expense (including reasonable legal costs) arising out of or in connection with:
- Your use of Worker documents accessed through CertVault, except to the extent caused by CertVault's negligence or breach of these Terms.
- Any employment, engagement, or compliance decision you make based on information from the platform.
- Your material breach of these Employer Terms, the general Terms of Service, or any applicable law.
- Your misuse of Worker personal information, including any unauthorised disclosure to third parties.
9.2 CertVault Indemnity to Employer (Platform IP)
CertVault will defend the Employer against any third-party claim alleging that the CertVault platform itself (i.e., the software, design, and trademarks owned by CertVault) infringes that third party's intellectual property rights, and will pay damages or settlement amounts finally awarded against the Employer in respect of such claim, provided that:
- The Employer notifies CertVault promptly in writing of any such claim.
- The Employer permits CertVault to control the defence and settlement of the claim.
- The Employer cooperates reasonably with CertVault in defending the claim.
This indemnity does not apply to claims arising from: (a) the Employer's modification of the platform; (b) the Employer's use of the platform outside the documented scope of the Terms of Service; (c) the Employer's combination of the platform with third-party software or data not provided by CertVault; or (d) Worker-uploaded content (which is the responsibility of the Worker under the Terms of Service).
9.3 Indemnification Procedure
The party seeking indemnification (the "Indemnified Party") must promptly notify the other (the "Indemnifying Party") of any claim, permit the Indemnifying Party to control the defence and settlement, and cooperate reasonably. Each party's indemnification obligations are subject to the limitation of liability provisions in the Terms of Service, except for losses arising from (i) gross negligence or wilful misconduct, (ii) breach of confidentiality obligations, or (iii) the indemnifying party's indemnification obligations under this Section 9.
10. Suspension and Termination
CertVault may suspend or terminate your Employer account immediately, without notice, if any of the following occurs:
- We have reasonable grounds to believe you have misused Worker data or otherwise pose an immediate risk to Workers, third parties, or platform integrity.
- We receive a credible complaint from a Worker about your conduct that, on its face, indicates a serious breach.
- We are required to do so by law or court order.
For other material breaches of these Employer Terms or the general Terms of Service that are capable of cure, we will provide written notice describing the breach and a cure period of 14 days. If the breach is not cured within the notice period, we may suspend or terminate the account.
On termination, your access to all Worker profiles and documents will be immediately and permanently revoked. Active subscription fees are not refunded except where the termination is found to have been wrongful or required by Australian Consumer Law.
11. Changes to These Terms
We may update these Employer Terms from time to time. Material changes will be notified by email at least 30 days before they take effect. Continued use of Employer features after the effective date constitutes acceptance of the updated terms. For material adverse changes that affect your rights or obligations, you may terminate your account before the effective date by following the process in Section 10; closing your account avoids the changes applying to you.
12. Governing Law
These Employer Terms are governed by the laws of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales for disputes arising under these terms.
13. Force Majeure
Neither party will be liable for any failure or delay in performance under these Employer Terms (other than the obligation to pay amounts already due) to the extent caused by events beyond its reasonable control, including: acts of God, natural disasters, pandemic, war, terrorism, civil unrest, government action, fire, flood, network or telecommunications outages, or extended unavailability of upstream infrastructure providers (including the hosting, database, authentication, or storage services on which the Platform depends). The affected party will notify the other as soon as reasonably practicable, take reasonable steps to mitigate the effect, and resume performance as soon as practicable after the cause is removed.
14. Contact Us
CertVault (Australian sole trader)
ABN: 51 371 573 935
2 Tandang Sora Street
Labason, Zamboanga Del Norte
Philippines 7117
Email: legal@certvaultapp.com