Information We Collect
Personal Information provided by you (such as via a resume uploaded to our Site or a job application sent using our Site) or collected from third party sources as described below.
Publically available data about you from third party sites and sources, including profiles created by you on other websites, or other information you have publicly shared for the purpose of advertising or informing others about your background.
Username and password for the account you may establish on our Sites.
Payment details (including payment card number, security code, expiration date, cardholder name and billing address) if you buy products on our Sites.
Your demographic information (such as zip or postal code, occupation, education and experience, and if you choose to provide it, age, gender and race or ethnicity). We collect this information either through the registration process, from your resume or in the manner described below.
Job search behavior and preferences, and a record of the searches that you make on our Sites.
Other details that you may submit to us or that may be included in the information provided to us by third parties.
Technical information about your use of our sites or apps, as described below.
We may obtain information about you from various sources, including directly from you via our Sites, when you call or email us or communicate with us through social media, or when you participate in events, contests or other promotions. We also may obtain information about you from our parent, affiliate or subsidiary companies, business partners and other third parties, as well as from publicly available information.
Many people invest significant time and energy to promote their professional reputation through public forums on the Internet. We gather information relevant to your career history and work experience from these widely dispersed publicly available sources, including social media sites you may be part of, forming a “Profile.” We make this Profile available to independent and company-specific recruiters for recruitment leads in a database known as “Recruitment Edge.” Although we may generate a Profile about you based on publicly available information even if you do not have a CareerInformers account, we also will include the information that you provide to us via your CareerInformers account. Use of these Profiles are limited to recruitment lead generation and may not be used for determinations about employment or other eligibility. You can learn more about our Recruitment Edge product at our Edge FAQ Page. If you would prefer that we not compile and make this information available to recruiters, you can opt-out of this service here.
CareerInformers provides software applications (“Apps”) available to the public. If you decide to download one of our Apps, and if you authorize us to do so, we will collect your social media profile information, including your social network site user ID, work email address, name, city, state, social network site profile image URL, and employment history, including job titles and company names. You may be asked to enter this information directly, or we can automatically collect it by syncing to your social media profiles. We request this information so that we may automate completion of registration forms or job applications with information stored in your social media profile. In addition, when you visit our Sites or use our Apps, we may collect certain information by automated means, such as cookies and web beacons or as provided to the app by your device’s operating system, as described in more detail below. The information we may collect automatically via the Sites can include:
Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser and operating system type and other operating system support information).
Pages and URLs that refer visitors to our Sites, also pages and URLs that visitors exit to once they leave our Sites.
Dates and times of visits to our Sites.
Information on actions taken on our Sites (such as page views, site navigation patterns and job view or application activity).
A general geographic location (such as country and city) from which a visitor accesses our Sites.
Search terms that visitors use to reach our Sites.
Note that your Personal Information may also be automatically collected, and used, as described in the “Cookies, Tracking Choices, and Third Party Advertisers” section below.
How We Use the Information We Collect
We may use the information we obtain about you to:
Register, manage and maintain your account on the Sites.
Provide products or services you request.
Maintain your resume and/or Profile and make it available to recruiters through our products and services as described below in “Information We Share.”
Supplement your Profile with publicly available information.
Process, validate and deliver your purchases (including by processing payment card transactions and contacting you about your orders, including by telephone).
Maintain a record of the jobs you view or apply to on our Sites.
Inform you of relevant job postings that may be of interest to you based on your interests as expressed previously through your job search behavior and preferences.
Provide administrative notices or communications applicable to your use of the Sites.
Respond to your questions and comments and provide customer support.
Contact you and deliver information to you that, in some cases, is targeted to your interests (such as relevant services, educational or other career development opportunities); enable you to communicate with us through our blogs, social networks and other interactive media; and solicit your feedback and input. These communications will contain links for preference management and, where appropriate, unsubscribe links should you decide you do not want to receive further communications.
Manage your participation in our events and other promotions, where you have signed up for such events and promotions.
Operate, evaluate and improve our business and the products and services we offer.
Analyze and enhance our marketing communications and strategies (including by identifying when emails we have sent to you have been received and read).
Analyze trends and statistics regarding visitors’ use of our Sites, mobile applications and social media assets, and the jobs viewed or applied to on our Sites.
Analyze trends and statistics about the job market and career mobility in local economies and nationally, and provide these analytics to customers of certain CareerInformers products and services.
Optimize our site search engine results and permit search engine access to public Profile information.
Protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users.
Enforce our Sites’ Terms and Conditions.
Comply with applicable legal requirements, court orders, legal proceedings, document requests, and industry standards and our policies.
We also use non-personally identifiable information and certain technical information about your computer and your access of the Sites (including your internet protocol address) in order to operate, maintain and manage the Sites. We collect this information by automated means, such as cookies and web beacons, as described in more detail below.
Information We Share
All users should be aware that when they choose to display or distribute Personal Information (such as their email address or other contact information on a public resume) via the Sites or any other distribution method, that information can be collected and used by others. This may result in unsolicited messages from third parties.
We also may share Personal Information with our service providers who help us in the delivery of our own products and services to you. These service providers are required by contract or law to only use or disclose the information as necessary to perform services on our behalf or as otherwise required by law. Where we have knowledge that a service provider or partner is using or disclosing Personal Information in a manner inconsistent with this Policy, CareerInformers will take reasonable steps to prevent or stop such improper use and/or disclosure.
CareerInformers preserves the right to disclose without your prior permission any Personal Information about you or your use of this Site if we have a good faith belief that such action is necessary to: (a) protect and defend the rights, property or safety of CareerInformers, employees, other users of the Sites, or the public; (b) enforce the terms and conditions that apply to use of the Sites; (c) as required by a legally valid request from a competent governmental authority; or (d) respond to claims that any content violates the rights of third-parties. We may also disclose Personal Information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request.
In addition, Personal Information we have collected may be passed on to a third party in the event of a transfer of ownership or assets or a bankruptcy or other corporate reorganization of CareerInformers.
We may combine certain non-personally identifiable Aggregate Data, or otherwise anonymized or de-identified data about our users and use such data to prepare reports for our users (typically recruiters or educators). “Aggregate Data” is the demographic information (such as zip code, age, gender, race or ethnicity) and employment information (such as occupation, education and experience) of many individuals that is combined together. Aggregate Data is used to analyze the characteristics of various populations and does not identify any specific individuals. We may also use and share anonymized or de-identified data to track trends in the labor market as well as use of our products and services. Some Aggregate Data analytics reports can be used to better understand individual Profiles. For example, our Recruitment Edge product provides aggregate data trends on the longevity of specific career positions to allow recruiters to identify Profiles of individuals who may be more likely to be interested in making a career move.
We also use third party analytics services to help better understand the use of our sites, which is further described in the Cookies section below.
Privacy Options for Resume Database
Posting your resume on the Sites puts you in front of thousands of recruiters with open positions each day. When you post your resume, we automatically create a registration for you using the email address and password that you supply. When you return to the Sites in the future you will use that same email address and password to access and edit your existing resume.
Standard Posting on the Searchable Database
When you post your resume to the Sites, it will automatically be visible to employers unless you opt out of this default option and make your resume private (described below). The standard posting option gives you the most visibility to the broadest recruiter audience possible by making your resume searchable in our resume database. If you select this option, any registered company (or individual recruiter) user who purchases access to the database can view your resume and contact details (to the extent you include them in your resume).
Private posting prevents your resume from being searchable by recruiters in the CareerInformers resume database. The benefit of uploading a private resume is that you can quickly and easily apply for specific jobs with the resume that you have on file without retyping your information.
We attempt to limit access to our searchable databases to legitimate users, but cannot guarantee that other parties will not gain access to these searchable databases. While we limit access and use of information from our products and services in our Terms and Conditions, we cannot control the use of information by third parties once they obtain that information from our products and services or other publicly available sources. Accordingly, you should not put information you would not want made public in your resume or to a public website.
Review, Update or Delete Your Account Information or Profile
CareerInformers takes reasonable steps to ensure that Personal Information is reliable for its intended use; as well as being current, accurate, and complete. As part of maintaining Personal Information which is accurate, current, and complete; we need your help. If you know that your Personal Information which you have provided to us is no longer accurate or complete, and you cannot update or correct the data via the Sites, please let us know by contacting us via the point of contact described. We cannot be responsible for the accuracy or completeness of information whose source CareerInformers does not control.
You may access, update and amend Personal Information included in your online CareerInformers account or remove your resume from our resume database at any time by logging into your account and making the necessary changes. You may also delete your account, including your Personal Information and any resumes, from our resume database at any time by logging in to your account and making an account deletion request. Deleting your CareerInformers account will remove your Personal Information and resumes from our resume database. However, it will not delete your Recruitment Edge Profile. You must specifically request the deletion of your Recruitment Edge Profile by opting out here.
You may also request a copy of your Recruitment Edge Profile to review, edit or update by contacting us at 1.800.891.8880 or emailing clientsupport@CareerInformers.com. Please note that when you request the deletion of your Profile, we will use the email address you provide in the opt-out process to match you to your Profile. Therefore, you will need to submit your request using the email address listed on your Profile or we will not be able to complete your request.
Please allow up to thirty days to process your account or Profile deletion request.
About Cookies, Tracking Choices, and Third Party Advertisers
A “cookie” is a text file that websites send to a visitor‘s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” is also called a Web bug or a pixel tag or a clear GIF. Used in combination with cookies, a Web beacon is an often-transparent graphic image, usually no larger than 1 pixel x 1 pixel, that is placed on a website or in an e-mail that is used to monitor the behavior of the user visiting the Web site or sending the e-mail.
We use third-party advertising companies who may place or access cookies on your computer hard drive to distinguish your web browser uniquely and to keep track of information relating to serving ads on your web browser, such as the type of ads shown and the webs pages on which the ads appeared. These companies may use information about your visits to these Sites and to other sites in order to provide advertisements about goods and services of interest to you on our Sites or on other, third party, sites. We also may give third party advertisers the ability to tailor their advertisements on our Sites using demographic and preference information we provide to them in aggregate form. This information does not identify you individually.
These companies operate under their own privacy policies and CareerInformers encourages you to be aware of the privacy policies of such companies. CareerInformers does not have control over or access to any information contained in the cookies that are set on your computer by third party advertisers.
Our Site does not respond to web browser “do not track” signals. However, to help prevent and limit the automatic collection of information by any participating third party advertisers, including the collection of personally identifiable information about an individual’s online activities over time and across third-party Web sites or online services, you may opt-out of such collection by clicking the Ad Choices icon located within the ad, by accessing the “about ads” opt-out site, or by accessing the NAI opt-out site. Please note that this opt-out is cookie-based. If you buy a new computer, change web browsers or delete this cookie, you will need to perform the opt-out task again. To obtain instructions regarding deleting or disabling cookies from third party advertising companies that are not members of the About Ads or NAI self-regulatory behavioral ad opt-out groups, please click here.
In addition, some of the recruiters that use our Sites may place cookies on your computer through their job postings and may use such cookies to distinguish your web browser uniquely. Often, recruiters use such information to track the effectiveness of their job postings by measuring how many users who view their postings later became job applicants. To obtain guidance regarding deleting or disabling cookies, please click here.
Links to Other Websites
Our Sites may contain links to other sites for your convenience and information. These sites may be operated by companies not owned by CareerInformers. These other sites or linked third-party sites may have their own privacy notices, which you should review if you visit those sites. We are not responsible for the content of any sites not owned by CareerInformers, any use of those sites, or those sites’ privacy practices.
International Data Transfers
When we obtain Personal Information about you, we may process and store the information outside of the country in which you are located, including in the United States. The countries in which we process the information may not have the same data protection laws as the country in which you are located. Further, users who access your information also may be located in a different country than you and different laws may apply to their use of your information. By using the Sites you hereby affirmatively consent to the processing of your Personal Information in a country which may not have the same level of privacy protection as your country of residence. Should you withdraw this consent, you should delete your account and you agree that you will not use or visit the Sites subsequent to your withdrawal of such consent.
CareerInformers’s accountability for personal data that it receives under the Privacy Shield Frameworks and subsequently transfers to a third party is described in the Privacy Shield Principles. CareerInformers remains responsible and liable under the Privacy Shield Principles if CareerInformers’s third-party agents process personal data on CareerInformers’s behalf in a manner inconsistent with the Principles, unless CareerInformers demonstrates that it is not responsible for the event giving rise to the damage.
CareerInformers has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by CareerInformers, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint.
Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration before the Privacy Shield Panel when other dispute resolution procedures have been exhausted.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, CareerInformers is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, CareerInformers may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
CareerInformers acknowledges the right of EU and Swiss individuals to access their personal data. Individuals wishing to do so should refer to the section within this policy headed “Review, Update or Delete Your Account Information or Profile,” located earlier in this document.
How We Protect Personal Information
CareerInformers maintains administrative, technical and physical safeguards designed to assist us in protecting the Personal Information we collect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
Please note that no electronic transmission, storage or processing of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard Personal Information will never be defeated or fail, or that those measures will always be sufficient or effective. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your Personal Information will always remain private or secure. As a user of the Sites, you understand and agree that you assume all responsibility and risk for your use of the Sites, the internet generally, and the documents you post or access and for your conduct on and off the Sites.
To further protect yourself, you should safeguard your CareerInformers account user name and password and not share that information with anyone. You should also sign off your account and close your browser window when you have finished your visit to our Sites. Please note that we will never ask for your CareerInformers account user name or password via email.
Terms and Conditions
1. Introduction. Please read this page carefully. It contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of the CareerInformers Web Sites and the Services (as each are defined below) provided by CareerInformers or one of its divisions (collectively, “CareerInformers”). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the CareerInformers Web Sites or Services. These Terms and Conditions are effective as of January 4, 2017.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by CareerInformers), together with your Advertising and Candidate Search Service Agreement (if applicable), form a binding agreement (the “Agreement”) between you and CareerInformers. Your access to or use of the CareerInformers Web Sites or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Sites at your own risk.
3. Certain Definitions. The following definitions apply to this Agreement:
3.1 “CareerInformers Materials” includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
3.2 “CareerInformers Web Site” or the “Site” (collectively, the “CareerInformers Websites” or the “Sites”) means any web site under CareerInformers’s control, whether partial or otherwise and includes such Site’s Content, CareerInformers Materials and Services (as applicable in each context).
3.3 “Content” means CareerInformers’s web pages, web forms, programming (including software code used on the Sites and in the Services, including (i) tools, kits, and object libraries, (ii) all third-party or open source code embedded therein, and (iii) any upgrades, updates, releases, fixes, enhancements or modifications to the foregoing), graphics, images, design (color combinations and page layout), text, information, data, resumes stored in various commercial databases operated and licensed by CareerInformers (including, among others, its “Resume Database,” “Salary Calculator Database,” “TalentStream Supply & Demand Database” and the Recruitment Edge Database), data submitted via the Sites by Users and other content made available through the Sites by CareerInformers.
3.5 “Document” refers to any posting to a Site, whether job or resume.
3.6 “Employer” means a person or entity that is accessing a Site to post a job or utilizing the Services for any reason related to the purpose of seeking candidates for employment.
3.7 “Employer Materials” includes any brochures, emails, sample job postings, web site content, career fair material, audio, videos, photographs, logos, trademarks, service marks, domain names, documents or other materials provided by Employer, if any, for use in connection with the Services.
3.9 “Job Seeker” means a User who is accessing a Site to search for a job or in any other capacity except as an Employer.
3.10 “Services” means any services provided by CareerInformers or its agents described herein and specified more fully in the Service Activation Agreement.
3.12 “User” refers to any individual or entity that uses any aspect of the Sites.
3.13 “You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
4. Intellectual Property Rights and Acceptable Use of the Sites and Services.
4.1 General Use Rules. The Sites are intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Sites only for lawful purposes within the stated context of CareerInformers’s intended and acceptable use of the Sites. CareerInformers is the sole interpreter of the Sites’ intended and acceptable use.
4.2 CareerInformers Intellectual Property Rights. The Sites, the CareerInformers Materials and all right, title and interest in and to the Sites and CareerInformers Materials are the sole property of CareerInformers or its licensor, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, CareerInformers reserves for itself and its licensor all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or CareerInformers Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts, robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any Services provided on the Sites other than the search engine and search agents available from CareerInformers on such CareerInformers Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the CareerInformers Sites, without the express written consent of CareerInformers. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The CareerInformers Materials are not considered to be works for hire and you may duplicate such CareerInformers Materials only for the purposes outlined in the Service Activation Agreement. “CareerInformers,” “Personified”, the CareerInformers design logo and certain other names or logos are service marks or trademarks of CareerInformers, and all related product and service names, design marks and slogans are the service marks or trademarks of CareerInformers. In addition, the “look” and “feel” of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by CareerInformers’s trademarks, service marks and copyrights. Any code that CareerInformers creates to generate or display the Content or the pages making up the Sites is also protected by CareerInformers’s copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or CareerInformers Materials on any authorized copy you make of the Content or CareerInformers Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
4.3 License to Use by Users who are Job Seekers. CareerInformers hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Sites solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. Your use of the Sites is a privilege. CareerInformers reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.4 License to Use by Users who are Employers. CareerInformers hereby grants you a limited, terminable, non-exclusive right to access and use the Sites only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Sites solely for your personal use directly related to searching for and recruiting job prospects. CareerInformers also grants you a limited, terminable, non-exclusive license to use the CareerInformers Materials and Services for your internal use only. You may not sell, transfer or assign any of the Services or your rights to any of the Services provided by CareerInformers to any third party without the express written authorization of CareerInformers. You agree that you are solely responsible for the content of any Document you post to a Site and any consequences arising from such posting. CareerInformers reserves the right to suspend or terminate your access and use at any time if CareerInformers determines that you are in breach of these Terms and Conditions.
4.5 Employer Materials. Employer represents, warrants and covenants that any Employer Materials provided by Employer for use in connection with the Services will not violate any laws or regulations or third-party proprietary rights, including, without limitation, copyright, trademark, obscenity, rights of publicity or privacy, and defamation laws. Employer hereby grants CareerInformers a non-exclusive, worldwide, royalty-free license to use the Employer Materials and to hyperlink to Employer’s website in connection with the Services.
4.6 Use of Aggregate Data. You understand and agree that CareerInformers owns and has the right to collect, extract, compile, synthesize, and analyze Aggregate Data. CareerInformers may use such Aggregate Data for any lawful business purpose without a duty of accounting to you, provided that the data and information is used only in an aggregated and anonymized form so that it cannot be identifiable as relating to you, your Company or to any other Job Seekers. “Aggregate Data” means de-identified aggregated data or information regarding Job Seekers’ educational or career history (including, by way of example and not limitation, aggregate data relating to Job Seekers’ occupation, location, salary, education and experience).
4.7 Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Sites and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Sites complies with these Terms and Conditions and all applicable laws.
4.8 User Submissions. CareerInformers welcomes your comments regarding the Services and the Sites and appreciates hearing from you. Please note, however, that CareerInformers does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send CareerInformers creative suggestions, ideas, drawings, concepts, inventions, or other information (a “User Submission”), you understand and agree that the User Submission shall become the property of CareerInformers. User Submission and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on CareerInformers’s part, and CareerInformers will not be liable for any use or disclosure of any User Submission. CareerInformers shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
5. Third Party Providers. You acknowledge and agree that CareerInformers may provide the Services using third party providers, including subcontractors and consultants (the “Third Party Providers”). You agree that, as between CareerInformers and its Third Party Providers, CareerInformers will have sole responsibility for handling all billing and contract negotiations.
6. Disclaimers and Limitations on CareerInformers’s Liability.
6.1 Allocation of Responsibility CareerInformers assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. CareerInformers acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, CareerInformers may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. CareerInformers has no liability or responsibility to Users for performance or nonperformance of such activities. CareerInformers may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
6.2 No endorsements by CareerInformers. Nothing on the Sites shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
6.3 WARRANTY DISCLAIMERS.
(a) THE SITES ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CareerInformers, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. CareerInformers MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) CareerInformers DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CareerInformers IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) CareerInformers makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) CareerInformers makes no representations or guarantees regarding the Content of the SiteS, including, but not limited to, broken links, inaccuracies or typographical errors.
(iv) CareerInformers MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. CareerInformers DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
6.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, AND THE DOCUMENTS OR EMPLOYER MATERIALS THAT YOU POST, PROVIDE OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.
(b) IN NO EVENT SHALL CareerInformers (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CareerInformers IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN CareerInformers’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL CareerInformers (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH CareerInformers, THE AMOUNTS ACTUALLY PAID BY YOU TO CareerInformers UNDER THIS AGREEMENT IF GREATER THAN US$200.00).
(e) Due to the nature of this Agreement, in addition to money damages, you agree that CareerInformers will be entitled to equitable relief upon a breach of this agreement by you.
6.5 User Authentication. Because User authentication on the Internet is difficult, CareerInformers cannot and does not confirm that each User is who they claim to be. Because CareerInformers does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Sites, in the event that you have a dispute with one or more Users, you release CareerInformers from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
6.6 California Residents. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
7. Payment of Services upon Termination of Service Activation Agreement. If at any time during the course of this Agreement you should terminate a Service Activation Agreement or any other services Agreement in which these Terms and Conditions have been incorporated by reference, then CareerInformers shall reserve the right to receive all payments from you for the Services used by you up to termination and for fifty percent (50%) of the remaining unused portion of the Service Agreement.
8. Links to Other Sites. CareerInformers contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by CareerInformers of the contents on such third-party web sites. CareerInformers is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
9. Amendments to this Agreement and Changes to Sites. CareerInformers may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Sites (or as otherwise stated in the any notice of such changes). Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by CareerInformers unless CareerInformers agrees to them in a signed writing specifically including those new or different terms. CareerInformers may change the Sites at any time.
10. Indemnity. You agree to defend, indemnify, and hold harmless CareerInformers (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any Document posted by you, your use of the Services or your breach of this Agreement. CareerInformers shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
11.1 When you register on any of the CareerInformers Sites or in connection with the Services, you will be asked to create an account and provide CareerInformers with certain information, including but not limited to, a valid email address (“User Information”). You acknowledge and agree that you have no ownership rights in your account.
12. Questions and Notices. Questions concerning the use of the Sites should be directed to Feedback. Notices to CareerInformers should be sent to the address listed on the Sites. We will send notice to you at the address submitted by you or to such other address as CareerInformers reasonably determines is an appropriate address for you.
13. General. CareerInformers contact information is listed on the Sites. CareerInformers makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Sites. If you access CareerInformers from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Activation Agreement, if you have one, are governed by the internal substantive laws of the State of Illinois, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Activation Agreement shall lie exclusively with the state or federal courts in the State of Illinois. The sole relationship between you and CareerInformers is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Sites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by CareerInformers in a particular “Legal Notice,” or material on particular web pages of the Sites, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and CareerInformers.
14. Rules regarding Posting, Conduct and Security.
The following rules apply to your use of the Sites and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
14.1 Posting Rules:
(a) You may not post any Document to a Site that contains: (i) URLs or links to web sites other than to recruitment related pages on your company web site (to advertise your company or web site, see our Advertising Info page.); (ii) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner’s permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) irrelevant keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
(b) You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or “club membership”); provided, however that CareerInformers may allow posting of certain training and business opportunities (see 14.1(e) below).
(c) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or, in the case of Users seeking employment, your qualifications as a candidate for employment. Documents that encourage the User to “email for more details” are not permitted.
(d) Job postings must describe individual openings for traditional W-2 or 1099 employees. You may not advertise multiple job openings in a single posting.
(e) In limited circumstances, at CareerInformers’s sole discretion, CareerInformers allows non-traditional job postings such as education/training, business opportunities, franchise, and multi-level marketing opportunities to be posted on the Sites. These non-traditional job postings may require an investment of time and/or money by the User seeking the position. CareerInformers reserves the right, in its sole discretion, to move, modify, or remove entirely a non-traditional job posting if CareerInformers deems such job posting to conflict with the best interests of its Users or detract from the User experience.
(f) Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
(g) CareerInformers is under no obligation to monitor the Documents posted on the Sites, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at CareerInformers’s sole discretion.
14.2 Conduct Rules:
(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the Employer’s business are prohibited.
(b) You may not send unsolicited commercial email to Users.
(c) Protect your password. Your CareerInformers account and any related Services accessed through such account are to be accessed and used solely by you. Upon your successful registration for a CareerInformers account, you will be provided with a unique password that will permit you to access the account. You may not provide your password or otherwise permit access to your CareerInformers account to any third party. You are responsible for maintaining the confidentiality of your information and password. You agree to protect and keep your password confidential, to change your password on a regular basis, and to maintain appropriate and regularly updated malware scanning and cleaning tools on your network and individual computer(s).You are responsible for all uses of your account, whether or not authorized by you. If others use your password to post inappropriate material on the Sites, you risk losing your access to the Sites. You agree to notify CareerInformers immediately of any unauthorized use of your account or password.
(d) Report inappropriate postings or conduct to Feedback.
(e) You may not delete or revise any material posted by any other person or entity.
(f) If at any time CareerInformers comes to the understanding that you: (i) misled CareerInformers regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, CareerInformers reserves the right to terminate your Agreement.
14.3 Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, “flooding”, “mail bombing” or “crashing”; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(b) Violation of these Security Rules may result in civil or criminal liability. CareerInformers will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
15. Copyright Complaints.
15.1 CareerInformers respects the intellectual property of others. It is CareerInformers’s policy to respond to claims of copyright and other intellectual property infringement. CareerInformers will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, CareerInformers may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. CareerInformers will terminate access for Users who are repeat infringers.
15.2 Notifying CareerInformers of Copyright Infringement: To provide CareerInformers notice of an infringement, you must provide a written communication to the attention of “Trust and Site Security” care of TSST@CareerInformers.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
15.3 Providing CareerInformers with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide CareerInformers with a counter notification by written communication to the attention of “Trust and Site Security” at TSST@CareerInformers.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
Please note that Sections 16, 17 and 18 below contain terms and conditions that apply to specific Services (Resume Database, Recruitment Edge and Recruitment Analytics) and they are part of this Agreement if you are purchasing or using any of those specific Services or packages that include such Services (Sections 16 and 17 govern use of Standard Search and sections 16, 17 and 18 govern use of Search Pro).
16. Additional Terms in Connection with Use of Resume Database. If, in your Service Activation Agreement with CareerInformers, you are purchasing Resume Database access, the following additional terms apply to you:
16.1 CareerInformers grants you a limited, personal, terminable, non-transferable, non-exclusive right to access the CareerInformers Resume Database via the Sites for the purpose of viewing and/or downloading a single copy of available paper and/or video resumes (collectively “Resumes”) solely for your use.
16.2 The Resume Database is to be accessed and used solely by those Users whom you authorize to access the Resume Database through your account (each an “Authorized RDB User”). Each Authorized RDB User will be issued a unique Resume Database Seat (a “Seat”) through which they can perform the actions described in 16.1. Each Seat must be purchased in advance by you and may be accessed by using unique login credentials. You are only permitted to assign one Seat per Authorized RDB User and Authorized RDB Users may not share their login credentials or Seat access amongst themselves, with any other co-workers or with any other third parties.
16.3 Authorized RDB Users may download, one at a time, up to either 50 Resumes per day (per Seat) or 3000 Resumes per month (per Seat) depending on the Resume Database product purchased by you in accordance with the terms of your Agreement. Please note that the term “download” shall include: (i) viewing or clicking on a Resume page; (ii) saving a Resume to a folder; (iii) printing a Resume; (iv) copying a Resume; (v) emailing or forwarding a Resume; and/or (vi) any other action that results or could result in your use of a Resume or any of the information contained therein.
16.4 Neither you nor your Authorized RDB Users may use the Resume Database in any way which, in CareerInformers’s sole judgment, adversely affects CareerInformers’s business, business prospects, the performance or function of any Site or the Resume Database, or interferes with the ability of other subscribers to access the Resume Database. Further, use of the Resume Database by you or by your Authorized RDB Users may not interfere with or violate, in any manner, the privacy election of CareerInformers Job Seekers. You understand and agree that any violation of section 16 will give CareerInformers the right to immediately terminate any and all access to the RDB and to terminate any corresponding Agreements.
16.5 You and your Authorized RDB Users may use your subscription to the Resume Database only for seeking candidates for employment and are specifically prohibited from using information contained in the Resume Database to (i) sell or promote any products or services, (ii) send emails that, in CareerInformers’s sole judgment, are excessive in frequency or contain job postings that are irrelevant to the work history of particular classes of Job Seekers or (iii) take any other action that is, in CareerInformers’s sole judgment, inconsistent with these Terms and Conditions, misleading or incomplete, or in violation of any Federal, State, Local law, statute, code, rule, or regulation. Company understands and agrees that if Company uses the Resume Database in violation of the preceding restrictions, then CareerInformers may, at its sole discretion, either terminate Company’s Agreement or transfer Company’s Seats from the Resume Database to the Targeted Resume Database (a database that only contains individuals whom CareerInformers has identified as appropriate candidates for sales positions where the majority of the compensation is to be derived from commissions).
16.6 CareerInformers may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the Resume Database at any time. By permitting access to the CareerInformers Resume Database, CareerInformers does not convey any interest in or to the Resume Database or any other CareerInformers property or Services. All right, title and interest in and to the Resume Database is and shall remain in CareerInformers.
17. Additional Terms in Connection with Use of Recruitment Edge Services. If, in your Service Activation Agreement with CareerInformers, you are purchasing our Recruitment Edge Services, the following additional terms apply to you:
17.1 Recruitment Edge aggregates data from the open web by scanning professional networking sites, talent hubs, blogs, publications and journals, and scanning social networks to find talent. Recruitment Edge may solely be used for candidate lead generation purposes and to make initial contact with possible candidates and must not be used to evaluate a job applicant’s eligibility for employment or a current employee’s eligibility for continued employment, reassignment or promotion. You are prohibited from reviewing profiles of persons who are employed by you or who have already expressed interest in employment with you outside of the Recruitment Edge platform. Any information regarding a potential candidate that is obtained from Recruitment Edge is largely derived from public sources and is not guaranteed or verified to be accurate or up to date. Accordingly, such information should not be maintained in the individual’s application file or in any subsequent employee file.
17.2 CareerInformers grants Company a limited, personal, terminable, non-transferable, non-exclusive right to access Recruitment Edge via the Sites for the purpose of viewing and/or downloading a single copy of available profiles (collectively, “Profiles”) solely for Company’s internal use. Recruitment Edge is to be accessed and used solely by Company through its authorized Users. Company may download, one at a time, up to either 150 Profiles per day (per Recruitment Edge user license). Please note that the term “download” shall include: (i) viewing or clicking on a Profile page; (ii) saving a Profile to a folder; (iii) printing a Profile; (iv) copying a Profile; (v) emailing or forwarding a Profile; and/or (vi) any other action that results or could result in Company’s use of a Profile or any of the information contained therein. In addition, if a search in Recruitment Edge yields a Profile for a potential candidate who is part of the CareerInformers Search Database, then the search will count against that Search Database Seat’s monthly download limit rather than the Recruitment Edge Seat’s daily download limit.
18. Additional Terms in Connection with Use of Recruitment Analytics Services. If, in your Service Activation Agreement with CareerInformers, you are purchasing any of our Recruitment Analytics Services, the following additional terms apply to you:
18.1 Use of Reports. CareerInformers hereby grants you a limited, non-exclusive, non-assignable (except as otherwise provided in this Agreement), worldwide right and license to: (a) store and use any Recruitment Analytics Services for your internal management, reference or informational purposes, and (b) distribute copies of any reports generated by the Recruitment Analytics Services (each a “Report”), subject to the conditions that (i) such copies may be distributed only in printed or static electronic PDF format, (ii) in providing a copy of any Report to a recipient, you may not charge the recipient any kind of fee or other consideration, and (iii) you shall not remove or modify any branding, marks, copyright or trademark notices, or any other notices or disclaimers set forth in any Report without CareerInformers’s prior written consent, or otherwise modify the Report in any way so as to falsely or otherwise misrepresent its content. Further, you may not issue press releases or make other public statements regarding any Report, or the contents or conclusions in same, without the express written consent of CareerInformers.
18.2 Use of Your Data. If you have purchased Recruitment Analytics Services, then you may provide CareerInformers with the names, addresses, telephone numbers, e-mail addresses, resumes and other personally identifiable information of Job Seekers sourced from your own files (“Job Seeker Data”). You hereby grant CareerInformers a non-exclusive license to use, copy, modify, store, transmit and display Job Seeker Data solely to the extent reasonably required to provide and maintain the Services for Company’s use. Notwithstanding the foregoing, you understand and agree that CareerInformers may derive Aggregate Data from the Job Seeker Data and may use such Aggregate Data in accordance with section 4.6.