DATA RECEIVED BY THE CUSTOMER
Transmission of Personally Identifiable Data. The Customer understands that the Data transmitted to the System via the API shall include personally identifiable information of Candidates.
How the Customer may use Data. The provisions of this Section are subject to any applicable and more restrictive law that applies to the Customer. Subject to the foregoing, Data may be used by the Customer for the sole purpose of determining whether to engage the Candidate whose details are set forth therein, in connection with the Open Position to which such Candidate has applied.
Restrictions and Undertakings Regarding the Data. The Customer shall not, under any circumstances: (i) sell, resell, license, sublicense, distribute, make available, rent or lease the Data, or otherwise make the Data available for any third party or allow any third party to access or benefit from the Data; and/or (ii) without derogating from the foregoing, assign or transfer the Data (with or without consideration), even in the framework of any merger, acquisition, recapitalization, change of corporate structure of the Customer or any other similar event.
Customer shall exercise reasonable means to control and secure the Data, consistent with industry standards.
In the event the Customer shall receive a request from the Company to delete any specific Data that was transmitted to or received by the Customer, whether through the API or otherwise, during the Term or at any time thereafter, the Customer shall delete such Data from its record, and confirm to the Company in writing that such Data was deleted, not later than 2 business days after such request was made. The Customer will also delete any Data when the Open Position with respect to which such Data was obtained was occupied or earlier, if the Customer deems it has no need of such Data and/or otherwise pursuant to the requirements of any applicable law that applies to the Customer.
Transmission of Data. Data exchange between the Services and the System happens over a SSL secured communication channel.
Compliance with Privacy Laws and Regulations. Customer represents and warrants that its use of the Services and the products of the Services (including any Candidate Report) be made in full compliance with all applicable laws and regulations. Customer is responsible for determining whether the Services are suitable for its needs in light of any regulations like Health Insurance Portability and Accountability Act of 1996 as amended (“HIPAA”), the Gramm-Leach-Bliley Act (“GLB”), EU Data Privacy Laws, or other similar laws and regulations. If Customer is subject to regulations (like HIPAA) and it resolves to use the Services, the Company will not be liable if the Services does not meet those requirements. Customer may not use the Services for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, the California Civil Code (including Section 1786.22) or other laws that apply. The Customer agrees not to use the Services in a manner that would violate laws protecting an individual’s privacy rights, health, safety or financial data, including but not limited to the HIPAA, GLB and its implementing regulations, the Privacy Rule and the Safeguards Rule thereof.
DATA RECEIVED FROM THE CUSTOMER
Collection of Personally Identifiable Information. The Company may collect personally identifiable information from the Customer and users of the Services in a variety of ways, including, but not limited to, when the Customer visit the Company’s website, register on the Services, and in connection with other activities, services, features or resources made available via the Services. The Customer may be asked to provide the names, email addresses, mailing addresses, phone numbers, credit card information, of the Customer and members of its teams that operate or will be involved in the Services, etc. Personally identifiable information is collected when Customer register to the Services and when it interacts with the Company or the Services. The Customer or anyone acting on its behalf is not obligated to provide such personally identifiable information, but failure or refusal to do so may cause the Services to be ineffective, and the Services may not operate or may not be rendered appropriately.
Collection of Non-Personally Identifiable Information. The Company may collect non-personally identifiable information about the Customer and users of the Services, whenever the Customer, the Customer’s users and/or the System interacts with the Services. Non-personally identifiable information may include the Customer’s browser name, type of System, the type of computer and technical information about the Customer’s means of connection to the Services, such as the operating system and the Internet service provider utilized and other similar information.
Use of Information. The Company collects and uses the above described information, for the following purposes: (i) to improve its customer service: information the Customer provides helps the Company respond to the Customer’s service requests and support needs more efficiently; (ii) to personalize user experience: the Company may use information in the aggregate to understand how the Customer use the Services and Data; (iii) to improve the Services: the Company may use feedback provided together with identifiable information the Customer provides to improve the Services; (iv) to process payments; (v) to promote the Services (including by distributing materials to the Company’s mailing lists) and to run surveys regarding the Services or any competing services; (vi) to send periodic or maintenance or support related emails and messages; (vii) to respond to any Customer inquiries; and/or (viii) to secure the Services.
If the Customer desires to be removed or to unsubscribe from any mailing list, the Customer may email to: firstname.lastname@example.org or it may use the unsubscribe instructions at the bottom of each email the Company circulates.
Retention of Identifiable Information. Subject to any applicable law, all personally identifiable information is retained by the Company following the expiration of the Term or the termination of the Services Agreement. Subject to any information retention duty that the Company may have (for example – the duty to retain invoices or other materials containing identifiable information), if the Customer would like its personally identifiable information to be removed from the Company’s infrastructure and equipment, the Customer may email such request to: email@example.com.
How the Company Protects the Customer’s Information. The Company adopts appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of the Customer personal information stored on the Company’s infrastructure and equipment.
How the Company is Sharing the Customer Information
The Company may disclose the Customer’s information (including the Customer personally identifiable information) to a third party if: (i) the Company believes that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request; (ii) to enforce the Services Agreement or any Policy; (iii) to protect the security or integrity of the Company’s products and services; (iv) to protect the Company’s customers or the public from harm or illegal activities; (v) to respond to an emergency which the Company believes in the good faith requires the Company to disclose information to assist in preventing the death or serious bodily injury of any person; (vi) in connection with, or during negotiations of, any merger, sale of the Company assets, financing, or acquisition of all or a portion of the Company’s business to another company; and/or (vii) to third-party service providers helping the Company operate and/or provide the Services; (viii) with third parties, when the Company publishes any Open Position with any recruitment and business partners.