Candidate Terms of Use | SmartRecruiters

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Last modified on 14th May 2019

The following terms of use (“Terms of Use”) apply to you (“You”, “Your”) when You use our Talent Acquisition Platform and our services (“Services) operated by SmartRecruiters (“SmartRecruiters”, “We”, “us”, “our”).

SmartRecruiters operates a Talent Acquisition Platform to

Help You manage your job opportunities via the Candidate Portal : when You apply, You have access to a Candidate Portal, where You can find your profile information and applications information and receive jobs suggestions. In this case, We are the data controller.
Help our customers (“Customer”) find their next hires : when You apply, our Customer (the recruiter or hiring manager) can consider You for any job opportunities they have and can use any SmartRecruiters tools to track, manage and make a decision.

By accessing and using our Services, You agree to these Terms of Use and to our Privacy Policy.

1. Personal Account

You can set up a personal account (“Candidate Portal”) which allows You to track Your different applications to one or more Customers.

For using the Candidate Portal accessible on https://my.smartrecruiters.com/, You may register from the email You received after applying or having Your consent requested. This is operated by SmartRecruiters under its own responsibility. The registration requires Your email address and a password. Afterwards, You will have the ability to log in with different options (email, LinkedIn, Google).

When You create a User Account with us, You guarantee us that You are entitled to create such User Account and that the information You provide is complete and accurate.

Furthermore, Your data will be used as described [link to “How Your Personal Data will be used” in the Privacy Policy”]

You are responsible for maintaining the confidentiality of Your User Account credentials at all times and You shall not share them with anyone else. You are responsible for all activities of Your User Account. In case of any unauthorised usage of Your User Account or security breach, You shall immediately notify us.

For more details about Your rights, please refer to SmartRecruiters’ privacy policy

You agree that You will not (please note that this list is not exhaustive):

Use SmartRecruiters platform, services and Your Candidate Portal for any purpose which is in breach of any applicable law or statutory duty;
Use as a username any name that is offensive, vulgar or obscene.
Access a User Account used by another person;
Upload any illegal content;
Link to any illegal content;
Upload any content that infringes the intellectual property rights of third parties (e.g. a name or trademark that is subject to any rights of another person or entity other than You, without appropriate authorization).
Engage in any chain letters contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
Access or use Your Candidate Portal and our services in any manner that could damage, disable, overburden or impair any SmartRecruiters server or the networks connected to any SmartRecruiters server;
Harvest, collect, gather or assemble information or data regarding other users without their consent;
Use automatic means to access content or data from other users;
Market any goods or services for any unauthorised purposes (including advertising and making offers to buy or sell goods or services).

2. Open Source Project

Open Source Software (OSS) is at the heart of SmartRecruiters’ (SR) platforms and SmartRecruiters makes contributions to many Open Source projects. SmartRecruiters believes that using Open Source methodology makes its software a more robust talent acquisition platform as its core components have been subjected to the crucible of peer review for decades. Any problems found with our software can be immediately identified and fixed by SmartRecruiters and the open Source Community.

You can find our list of Open Source Projects here: https://www.smartrecruiters.com/terms-and-conditions/FOSS-2/

3. Links

SmartRecruiters is not responsible for the activities, privacy statements or other any content of third-party websites, which are not controlled by SmartRecruiters. You agree that We shall not be 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 content or services available on or through any third party websites or services.

4. Intellectual Property Rights

SmartRecruiters’ platform and all intellectual property rights in the services including software, hardware, products, processes, algorithms, user interfaces, know-how, technologies, designs and other tangible or intangible technical material or information made available by SmartRecruiters, is the exclusive property of SmartRecruiters or its suppliers.

5. Termination

You can terminate Your Candidate Profile – User Account at any time by going to Your Candidate Portal settings.

SmartRecruiters may suspend or terminate these services including Your access to Your Candidate Portal with immediate effect if You violate these Terms of Use, if SmartRecruiters is legally required to do so, or if You object the validity of new Terms of Use.

6. Warranties – Disclaimer

Except as expressly provided in this Agreement and to the maximum extent permitted by the applicable law, SmartRecruiters’ website and services are provided on an “AS IS” basis and “AS AVAILABLE”, and SmartRecruiters makes no (and hereby disclaims all) other warranties, representations, or conditions, whether written, oral, express. Implied or statutory, including any implied warranties of merchantability, title, non-infringement, or fitness for a particular purpose, with respect to the use, misuse, or inability to use the services (in whole or in part) or any other services provided to You by SmartRecruiters. SmartRecruiters does not warrant that all errors can be corrected, or that operation of the Service shall be uninterrupted or error-free.

7. Limitation of Liability

TO THE EXTENT LEGALLY PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL SMARTRECRUITERS, OR ITS EMPLOYEES, AFFILIATES, SUPPLIERS, BE LIABLE FOR ANY DAMAGES, INCLUDING DAMAGES OR COSTS DUE TO LOSS OF PROFITS, DATA, USE OR GOODWILL, PERSONAL OR PROPERTY DAMAGE RESULTING FROM OR IN CONNECTION WITH THESE TERMS OF USE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN TORT, CONTRACT, OR OTHERWISE.

Nothing in this Agreement will limit or exclude (i) any liability for death or personal injury resulting from negligence, (ii) limit or exclude any liability from fraud or fraudulent misrepresentation, (iii) limit any liabilities in any way that is not permitted under applicable law, or (iv) excluded any liability that may not be excluded under applicable law.

TO THE FULLEST EXTENT POSSIBLE BY LAW, SMARTRECRUITERS’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY USE OF SMARTRECRUITERS’ WEBSITE OR TERMS OF USE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED US$100.

Some jurisdictions may exclude certain of the above limitations in terms of warranties or liabilities. In this case, these above mentioned limitations may not apply to You.

8. General

SmartRecruiters’ failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights.
All provisions of these Terms of Use that by their nature are intended to survive, shall survive any termination or expiration of these Terms of Use.
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect. These Terms constitute the entire agreement between You and us regarding our services.
Nothing in these Terms of Use is to be construed as establishing or implying any partnership or joint venture between You and us not as appointing any party to be an agent or employee of the other.
These terms shall be governed and construed in accordance with the laws of the State of Delaware (USA)

9. Changes to our Terms of Use

We reserve the right to change these Terms of Use at any time. We will notify You of significant changes to our Terms of Use by sending a notice to the primary email address specified in Your account or by placing a prominent notice on our site. Significant changes will go into effect two weeks following such notification. Non-material changes or clarifications will take effect immediately. We encourage You to check our site and these Terms of Use for updates.

10. How to contact us?

If You have any further queries, please send an email to: . If your request is linked to the processing of Your Data, please send an email to: