Terms and Conditions of Use
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, customers, and others who access or use the Service. You (“Customer”) warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access or use the Service.
The following definitions apply to these Terms:
- "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.
- "Authorized Affiliate" means any of Customer's Affiliate(s) which (a) is subject to the data protection laws and regulations of the European Union, the European Economic Area and/or their member states, Switzerland and/or the United Kingdom, and (b) is permitted to use the Services pursuant to the Agreement between Customer and JOBHIRED.
- "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
- "Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data; where the purposes and means of such processing are determined by the Union or Member State law, the controller of the specific criteria for its nomination may be provided for the Union or Member State law.
- "Customer Data" means what is defined in the Agreement as "Customer Data" or "Your Data."
- "Data Protection Laws and Regulations" means all laws and regulations, including laws and regulations of the European Union, the European Economic Area and their member states, Switzerland and the United Kingdom, applicable to the Processing of Personal Data under the Agreement.
- "Data Subject" means the identified or identifiable person to whom Personal Data relates.
- "Personal Data" means any information relating to (i) an identified or identifiable natural person and, (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws and Regulations), where for each (i) or (ii), such data is Customer Data.
- "Processing" means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- "Processor" means the entity which Processes Personal Data on behalf of the Controller.
- "Service" refers to all software, mobile apps, websites, and related services provided to you by JOBHIRED.
- "Sub-processor" means any Processor engaged by JOBHIRED or a member of the JOBHIRED Group.
- "Supervisory Authority" means an independent public authority which is established by an EU Member State pursuant to the GDPR.
- "You," "Your," or "User" refers to anyone accessing or subject to the Service, including any Staff member.
The Website and Services.
JOBHIRED will provide the Customer with the services described on the Website, which allow the Customer to initiate and manage its hiring process (collectively, the “Services”). The Services include, without limitation, the following features:
- The ability to create “Jobs,” or “Job Posts”. These are descriptions of an employment or contractor role that the Customer is looking to fill, with a limited number of Job Posts in accordance with the corresponding Subscription (as such term is defined below) selected by the Customer.
- The ability to upload Customer’s business or organization’s information and Job Posts.
- The ability to create, edit, delete and view "forum" or "community" messages.
- Any other features and functionalities provided by JOBHIRED to the Customer.
- JOBHIRED’s obligations are limited only to the provision of the Services and do not in any way include acting on the Customer’s behalf. Nothing in these Terms is intended to, or shall, establish any partnership or joint venture between the Customer and JOBHIRED.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, and your billing address.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion and payment of Purchases.
We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
The Service is not designed to provide qualitative advice regarding the fitness for purpose and merchantability of any products or services, including, without limitation, the quality, suitability, honesty, truthfulness, any other characteristics of, or any actions or statements made by, any Candidate. We strongly advise you to exercise caution and do your own due diligence in conducting any transactions through the Service, including, without limitation, considering and/or hiring any Candidate through the Service.
Availability, Errors and Inaccuracies.
We are constantly updating our products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, Candidate information, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The content is provided without warranties or conditions of any kind either express or implied, including but not limited to implied warranties and conditions of merchantability, fitness for a particular purpose or non-infringement.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). After an agreed Free Trial period expires, you will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you affirmatively cancel it or JOBHIRED cancels it. You may cancel your Subscription renewal by contacting JOBHIRED customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide JOBHIRED with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize JOBHIRED to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, JOBHIRED will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. If such payment it not made then your access to the Service may be interrupted or cancelled, in each case with no obligation or liability to JOBHIRED.
JOBHIRED, in its sole and absolute discretion (“Discretion”) and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. JOBHIRED will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
No Refund Policy
Due to the nature of JOHIRED proudcts (non-tangible digital listings), it is not possible to “return” the product therefore we DO NOT offer refund or exchange after purchase is made.
Without prejudice to any remedy that JOBHIRED may have against you, JOBHIRED may terminate or suspend with immediate effect and without notice your access to and use of this Website and your membership if:
- It reasonably believes that you have breached any of these Terms and Conditions;
- It does not receive timely payment under your subscription;
- It is unable to verify the accuracy or validity of any information provided by you;
- Or it suspects fraudulent, abusive or illegal activity by you.
- Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website.
You may notify us of your wish to cancel your membership at any time at https://jobhired.io/users/edit, but your cancellation will not take effect until the end of your current commitment period (which may be either a yearly or a monthly period). You will not be entitled to a refund for any membership fee already paid.
Our Service allows you to input, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users such as our Customers and Candidates of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the rights of any person, including, without limitation, privacy rights, publicity rights, copyrights, contract rights or any other intellectual property rights. Further, you warrant that: (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; (ii) the Content will not or could not be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy (in each case, as determined in JOBHIRED’s Discretion); (iii) the Content will not be unsolicited, undisclosed or unauthorized advertising; (iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (v): the Content does not bring us or the Service into disrepute (as determined in JOBHIRED’s Discretion).
You agree to keep all records necessary to establish that your Content does not violate any of the requirements this clause and make such records available upon our reasonable request.
We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into the Service. We reserve the right to modify or remove any Content at any time and for any reason, without any liability or obligation whatsoever.
You acknowledge and agree that all Content you provide on the Service will be publicly available information and you bear the risks involved with such public disclosures.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username or login ID the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene (as determined in JOBHIRED’s Discretion).
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of JOBHIRED and its licensors.
The Service is protected by copyright, trademark, and other laws of both the United States, and other countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of JOBHIRED. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.
You are permitted to use the Service only as authorized by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use the Service to create, display, use, play, and download Content subject to these Terms.
Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute (as determined in JOBHIRED’s Discretion).
You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users or Candidates (collectively, “Third Party Actions”) are those of the respective authors or distributors and not of us. We shall have no obligation or liability with respect to any Third Party Actions.
Links To Other Web Sites.
Our Service may contain links to third-party web sites or services that are not owned or controlled by JOBHIRED.
JOBHIRED has no control over, and assumes no responsibility for goods, services, content, privacy policies, actions or practices of any third party sites or services. You further acknowledge and agree that JOBHIRED shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever (or for no reason at all), including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on or through the Service or by sending a communication to any address (email or otherwise) that we have for you in our records.
As a condition of your access to and use of the Service, you agree to indemnify us and our parent (if applicable), subsidiaries and affiliates, and our and their respective directors, officers, stockholders, employees, consultants, licensors, attorneys, successors, assigns, agents and other representatives (collectively, the “JOBHIRED Parties”) for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Service or your breach of these Terms and any applicable law or the rights of another person or party.
This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
Limitation Of Liability.
You agree that the JOBHIRED Parties shall not be liable for any damages suffered as a result of accessing or using the Service, including, without limitation, copying, distributing, or downloading Content from the Service.
Except to the extent required by applicable law, in no event shall the JOBHIRED Parties we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
In no event shall we be liable for any claims by a third party in tort or contract, or any similar law including, but not limited, to any misleading statements made and/or incorporated into any Content provided by third parties and users of the Service. It is your sole responsibility to ensure the accuracy of the data inputted.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the Service and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the Service. You must not assign or otherwise dispose of your account to any other person without our written consent.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.
Except where inapplicable or prohibited by law (including, without limitation, the State of New Jersey):
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
The JOBHIRED Parties do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure or alleged failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the Service, whether for breach of contract, tortious behavior, negligence or any other cause of action.
The JOBHIRED Parties make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the Service or that the operation of our Service will be uninterrupted or error-free. The JOBHIRED Parties are not liable for the consequences of any interruptions or error in the Service.
Some jurisdictions (including, without limitation, the State of New Jersey) do not allow the disclaimer or exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of UNITED STATES, without regard to its conflict of law provisions.
Pre-Dispute, Mandatory Binding Arbitration, and Class Action Waiver.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE OR SUBSCRIPTION YOU MAKE VIA THIS WEBSITE, ANY INFORMATION YOU PROVIDE VIA THIS WEBSITE, THIS AGREEMENT (INCLUDING ITS FORMATION, PERFORMANCE, OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITE WILL BE EXCLUSIVELY RESOLVED UNDER CONFIDENTIAL BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO BRING A LAWSUIT IN COURT AGAINST THE JOBHIRED PARTIES, INCLUDING THE RIGHT TO A TRIAL BY JURY, AND RIGHTS AVAILABLE IN A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. ARBITRATION IS A FORM OF PRIVATE DISPUTE RESOLUTION IN WHICH PARTIES TO A CONTRACT AGREE TO SUBMIT THEIR DISPUTES AND POTENTIAL DISPUTES TO A NEUTRAL THIRD PERSON (CALLED AN ARBITRATOR) FOR A BINDING DECISION, INSTEAD OF HAVING SUCH DISPUTE DECIDED IN A LAWSUIT, IN COURT, BY A JUDGE OR JURY TRIAL.
YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Generally. Arbitration is a method of resolving a Claim without filing a lawsuit. “Claim” means any dispute between you, the JOBHIRED Parties, and/or any involved third party relating to your account, you use of the Service, your relationship with JOBHIRED Parties, or these Terms. This includes any and all claims that relate in any way to your use of the products, your attempted use of the products, and any act or omission by JOBHIRED Parties or any third party related to your use or attempted use of the products or services. You, the JOBHIRED Parties, or any involved third party may pursue a Claim. The JOBHIRED Parties agree to binding arbitration should it have any Claims against you. Likewise, you agree to binding arbitration should you have any Claims against JOBHIRED Parties. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to binding arbitration and is governed by and enforceable under the United States Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.
Exceptions to Binding Arbitration. As an exception to binding arbitration, you and the JOBHIRED Parties both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. JOBHIRED Parties will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is pending only in that court. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.
Mandatory Pre-Dispute Procedures. You acknowledge and agree that before initiating any Claim (subject to the exceptions above) against any of the JOBHIRED Parties, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us, including, but not limited to, information or representations related to our products and upon which you rely. You may send the written description by certified mail. You agree to negotiate with the JOBHIRED Parties in good faith about your problem or dispute. If your problem or dispute is not resolved to your satisfaction within 60 days after the JOBHIRED Parties’ receipt of your written dispute, you agree to the dispute resolution provisions below.
Commencement of Arbitration. Except where otherwise prohibited by law (including, without limitation, the State of New Jersey), you and the JOBHIRED Parties agree to commence any arbitration proceeding within one (1) year after the Claim arises (including the mandatory pre-dispute procedures outlined above) and that any proceeding commenced after (one) 1 year shall be barred.
Arbitration Location. For your convenience, the arbitration may be conducted in the jurisdiction where you reside. It may be held by telephone or through written submissions if both you and JOBHIRED Parties agree.
Sponsoring Organization, Rules and the Arbitrator. You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be chosen from JAMS Comprehensive Arbitration Rules and Procedures and the arbitration rules of the selected tribunal shall apply, which can be obtained by calling the selected tribunal.
The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or the JOBHIRED Parties.
Arbitration Fees. The JOBHIRED Parties shall pay for all filing, administrative, and arbitrator fees for an arbitration initiated by either party. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. However, if JOBHIRED or any of the JOBHIRED Parties are the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to such parties.
Arbitration Award. The arbitrator shall follow substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with these Terms and applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a written opinion and shall be final, subject to appeal under the FAA.
Enforceability. This provision survives termination of your account or relationship with JOBHIRED, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE INITIAL DATE OF YOUR USE OR ATTEMPTED USE OF THE SERVICES (WHICHEVER COMES FIRST) BY WRITING TO JOBHIRED (1511 SYCAMORE AVE. SUITE M. #203 HERCULES, CA 94547), FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY JOBHIRED PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE OF SUCH JOBHIRED PRODUCT OR SERVICE. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST THEN PURSUE YOUR CLAIM THROUGH ARBITRATION PURSUANT TO THESE TERMS.
Exclusive Venue for Other Controversies. Any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Agreement (other than an individual action filed in small claims court) shall be filed only in the state and federal courts located in California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.
Personal data processing addendum
This Personal Data Processing Addendum ("PDPA") addresses Personal Data Processing, privacy and cyber security obligations in addition to those expressed in the Terms as between JOBHIRED and Customer for subscriptions to the JOBHIRED Services and Platform. By agreeing to these Terms, Customer acknowledges that it and its Authorized Affiliates qualify as the "Controller" as defined under General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council ("GDPR") to the extent that JOBHIRED processes Personal Data in connection with Customer’s subscription to Platform. All capitalized terms not defined in this PDPA shall have the meaning set forth in the Terms. In the course of providing the Services to Customer pursuant to the Terms, JOBHIRED may Process Personal Data on behalf of Customer and the Parties agree to comply with the following provisions with respect to any Personal Data.
This PDPA shall not replace any comparable or additional rights relating to Processing of Customer Data contained in the Terms.
2. PROCESSING OF PERSONAL DATA
2.1 Roles of the parties. The parties acknowledge and agree that with regard to the Processing of Personal Data, Customer is the Controller, JOBHIRED is the Processor and that JOBHIRED or members of the JOBHIRED Group will engage Sub-processors pursuant to the requirements set forth in Section 5 "Sub-processors" below.
2.2 Customer’s processing of personal data. Customer shall, in its use of the Services, Process Personal Data in accordance with the requirements of Data Protection Laws and Regulations. For the avoidance of doubt, Customer’s instructions for the Processing of Personal Data shall comply with Data Protection Laws and Regulations. Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer acquired Personal Data.
2.3 JOBHIRED’s processing of personal data. JOBHIRED shall treat Personal Data as Confidential Information and shall only Process Personal Data on behalf of and in accordance with Customer’s documented instructions for the following purposes: (i) Processing in accordance with the Terms and applicable order form(s); (ii) Processing initiated by Users in their use of the Services; and (iii) Processing to comply with other documented reasonable instructions provided by Customer (e.g., via email) where such instructions are consistent with the terms of the Agreement.
2.4 Details of the processing. The subject-matter of Processing of Personal Data by JOBHIRED is the performance of the Services pursuant to the Terms. The duration of the Processing, the nature and purpose of the Processing, the types of Personal Data and categories of Data Subjects Processed under this PDPA are further specified above.
3. RIGHTS OF DATA SUBJECTS
3.1 Data subject request. JOBHIRED shall, to the extent legally permitted, promptly notify Customer if JOBHIRED receives a request from a Data Subject to exercise the Data Subject's right of access, right to rectification, restriction of Processing, erasure ("right to be forgotten"), data portability, object to the Processing, or its right not to be subject to an automated individual decision making ("Data Subject Request"). Taking into account the nature of the Processing, JOBHIRED shall assist Customer by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Customer’s obligation to respond to a Data Subject Request under Data Protection Laws and Regulations. In addition, to the extent Customer, in its use of the Services, does not have the ability to address a Data Subject Request, JOBHIRED shall upon Customer’s request provide commercially reasonable efforts to assist Customer in responding to such Data Subject Request, to the extent JOBHIRED is legally permitted to do so and the response to such Data Subject Request is required under Data Protection Laws and Regulations. To the extent legally permitted, Customer shall be responsible for any costs arising from JOBHIRED’s provision of such assistance.
4. JOBHIRED PERSONNEL
4.1 Confidentiality. JOBHIRED shall ensure that its personnel engaged in the Processing of Personal Data are informed of the confidential nature of the Personal Data, have received appropriate training on their responsibilities and have executed written confidentiality agreements. JOBHIRED shall ensure that such confidentiality obligations survive the termination of the personnel engagement.
4.2 Reliability. JOBHIRED shall take commercially reasonable steps to ensure the reliability of any JOBHIRED personnel engaged in the Processing of Personal Data.
4.3 Limitation of access. JOBHIRED shall ensure that JOBHIRED’s access to Personal Data is limited to those personnel performing Services in accordance with the Agreement.
4.4 Data protection officer. Members of the JOBHIRED Group have appointed a data protection officer. The appointed person may be reached at brian @ JOBHIRED dot io.
5.1 Appointment of sub-processors. Customer acknowledges and agrees that (a) JOBHIRED’s Affiliates may be retained as Sub-processors; and (b) JOBHIRED and JOBHIRED’s Affiliates respectively may engage third-party Sub-processors in connection with the provision of the Services. JOBHIRED or a JOBHIRED Affiliate has entered into a written agreement with each Sub-processor containing data protection obligations not less protective than those in these Terms with respect to the protection of Customer Data to the extent applicable to the nature of the Services provided by such Sub-processor.
5.2 List of current sub-processors and notification of new sub-processors. JOBHIRED shall make available to Customer the current list of Sub-processors for the Services. Such Sub-processor lists shall include the identities of those Sub-processors and their country of location. JOBHIRED shall provide notification of a new Sub-processor(s) before authorizing any new Sub-processor(s) to Process Personal Data in connection with the provision of the applicable Services.
5.3 Objection right for new sub-processors. Customer may object to JOBHIRED’s use of a new Sub-processor by notifying JOBHIRED promptly in writing within ten (10) business days after receipt of JOBHIRED’s notice in accordance with the mechanism set out in Section 5.2. In the event Customer objects to a new Sub-processor, as permitted in the preceding sentence, JOBHIRED will use reasonable efforts to make available to Customer a change in the Services or recommend a commercially reasonable change to Customer’s configuration or use of the Services to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the Customer. If JOBHIRED is unable to make available such change within a reasonable period of time, which shall not exceed thirty (30) days, Customer may terminate the applicable Services with respect only to those Services which cannot be provided by JOBHIRED without the use of the objected-to new Sub-processor by providing written notice to JOBHIRED. JOBHIRED will refund Customer any prepaid fees covering the remainder of the term of such Services following the effective date of termination with respect to such terminated Services, without imposing a penalty for such termination on Customer.
5.4 Liability. JOBHIRED shall be liable for the acts and omissions of its Sub-processors to the same extent JOBHIRED would be liable if performing the services of each Sub-processor directly under the terms of this PDPA, except as otherwise set forth in the Terms.
6.1 Controls for the protection of customer data. JOBHIRED shall maintain appropriate technical and organizational measures for protection of the security (including protection against unauthorized or unlawful Processing and against accidental or unlawful destruction, loss or alteration or damage, unauthorized disclosure of, or access to, Customer Data), confidentiality and integrity of Customer Data, as set forth in the Security, Privacy and Architecture Documentation. JOBHIRED regularly monitors compliance with these measures. JOBHIRED will not materially decrease the overall security of the Services during a subscription term.
6.2 Third-party certifications and audits. JOBHIRED has obtained the third-party certifications and audits set forth in the Security, Privacy and Architecture Documentation. Upon Customer’s written request at reasonable intervals, and subject to the confidentiality obligations set forth in the Agreement, JOBHIRED shall make available to Customer that is not a competitor of JOBHIRED (or Customer’s independent, third-party auditor that is not a competitor of JOBHIRED) a copy of JOBHIRED’s then most recent third-party audits or certifications, as applicable.
7. CUSTOMER DATA INCIDENT MANAGEMENT AND NOTIFICATION
JOBHIRED maintains security incident management policies and procedures specified in the Security, Privacy and Architecture Documentation and shall, notify Customer without undue delay after becoming aware of the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Data, including Personal Data, transmitted, stored or otherwise Processed by JOBHIRED or its Sub-processors of which JOBHIRED becomes aware (a "Customer Data Incident"). JOBHIRED shall make reasonable efforts to identify the cause of such Customer Data Incident and take those steps as JOBHIRED deems necessary and reasonable in order to remediate the cause of such a Customer Data Incident to the extent the remediation is within JOBHIRED’s reasonable control. The obligations herein shall not apply to incidents that are caused by Customer or Customer’s Users.
8. RETURN AND DELETION OF CUSTOMER DATA
JOBHIRED shall return Customer Data to Customer and, to the extent allowed by applicable law, delete Customer Data in accordance with the procedures and timeframes specified in the Security and Privacy Documentation.
9. AUTHORIZED AFFILIATES
9.1 Contractual relationship. The parties acknowledge and agree that, by executing the Terms, the Customer enters into the PDPA on behalf of itself and, as applicable, in the name and on behalf of its Authorized Affiliates, thereby establishing a separate PDPA between JOBHIRED and each such Authorized Affiliate subject to the provisions of the Agreement and this Section 9 and Section 10. Each Authorized Affiliate agrees to be bound by the obligations under this PDPA and, to the extent applicable, the Agreement. For the avoidance of doubt, an Authorized Affiliate is not and does not become a party to the Terms, and is only a party to the PDPA. All access to and use of the Services and Content by Authorized Affiliates must comply with the Terms and any violation of the Terms by an Authorized Affiliate shall be deemed a violation by Customer.
9.2 Communication. The Customer that is the contracting party to Terms shall remain responsible for coordinating all communication with JOBHIRED under this PDPA and be entitled to make and receive any communication in relation to this PDPA on behalf of its Authorized Affiliates.
9.3 Rights of authorized affiliates. Where an Authorized Affiliate becomes a party to the PDPA with JOBHIRED, it shall to the extent required under applicable Data Protection Laws and Regulations be entitled to exercise the rights and seek remedies under this PDPA, subject to the following:
9.3.1 Except where applicable Data Protection Laws and Regulations require the Authorized Affiliate to exercise a right or seek any remedy under this PDPA against JOBHIRED directly by itself, the parties agree that (i) solely the Customer that is the contracting party to the Agreement shall exercise any such right or seek any such remedy on behalf of the Authorized Affiliate, and (ii) the Customer that is the contracting party to the Terms shall exercise any such rights under this PDPA not separately for each Authorized Affiliate individually but in a combined manner for all of its Authorized Affiliates together (as set forth, for example, in Section 9.3.2, below).
9.3.2 The parties agree that the Customer that is the contracting party to the Terms and shall, when carrying out an onsite audit of the procedures relevant to the protection of Personal Data, take all reasonable measures to limit any impact on JOBHIRED and its Sub-Processors by combining, to the extent reasonably possible, several audit requests carried out on behalf of different Authorized Affiliates in one single audit.
10. LIMITATION OF LIABILITY
Each party’s and all of its Affiliates’ liability, taken together in the aggregate, arising out of or related to this PDPA, and all PDPAs between Authorized Affiliates and JOBHIRED, whether in contract, tort or under any other theory of liability, is subject to the ‘Limitation of Liability’ section of Terms, and any reference in such section to the liability of a party means the aggregate liability of that party and all of its Affiliates under the Terms and all PDPAs together. For the avoidance of doubt, JOBHIRED's and its Affiliates’ total liability for all claims from the Customer and all of its Authorized Affiliates arising out of or related to the Agreement and each PDPA shall apply in the aggregate for all claims under both the Agreement and all PDPAs established under this Agreement, including by Customer and all Authorized Affiliates, and, in particular, shall not be understood to apply individually and severally to Customer and/or to any Authorized Affiliate that is a contractual party to any such PDPA.
11. EUROPEAN SPECIFIC PROVISIONS
11.1 GDPR. With effect from 25 May 2018, JOBHIRED will Process Personal Data in accordance with the GDPR requirements directly applicable to JOBHIRED's provision of its Services.
11.2 Data protection impact assessment. With effect from 25 May 2018, upon Customer’s request, JOBHIRED shall provide Customer with reasonable cooperation and assistance needed to fulfill Customer’s obligation under the GDPR to carry out a data protection impact assessment related to Customer’s use of the Services, to the extent Customer does not otherwise have access to the relevant information, and to the extent such information is available to JOBHIRED. JOBHIRED shall provide reasonable assistance to Customer in the cooperation or prior consultation with the Supervisory Authority in the performance of its tasks relating to Section 11.2 of this PDPA, to the extent required under the GDPR.
If you have any questions about these Terms, please contact us at admin @ JOBHIRED dot io.
May 23, 2018