www.criteriacorp.com
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Submitted URL: https://www.criteriacorp.com/terms.php
Effective URL: https://www.criteriacorp.com/terms-use
Submission: On July 14 via manual from AU — Scanned from AU
Effective URL: https://www.criteriacorp.com/terms-use
Submission: On July 14 via manual from AU — Scanned from AU
Form analysis 7 forms found in the DOM
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</form>Text Content
Powered by Cookiebot
* Consent
* Details
* [#IABV2SETTINGS#]
* About
THIS WEBSITE USES COOKIES
We use cookies to personalise content and ads, to provide social media features
and to analyse our traffic. We also share information about your use of our site
with our social media, advertising and analytics partners who may combine it
with other information that you’ve provided to them or that they’ve collected
from your use of their services.
Consent Selection
Necessary
Preferences
Statistics
Marketing
Show details
* Necessary 31
Necessary cookies help make a website usable by enabling basic functions like
page navigation and access to secure areas of the website. The website cannot
function properly without these cookies.
* Cookiebot
1
Learn more about this provider
1.gifUsed to count the number of sessions to the website, necessary for
optimizing CMP product delivery.
Expiry: SessionType: Pixel
* Google
6
Learn more about this provider
_GRECAPTCHAThis cookie is used to distinguish between humans and bots.
This is beneficial for the website, in order to make valid reports on the
use of their website.
Expiry: 180 daysType: HTTP
_grecaptchaThis cookie is used to distinguish between humans and bots.
This is beneficial for the website, in order to make valid reports on the
use of their website.
Expiry: PersistentType: HTML
rc::aThis cookie is used to distinguish between humans and bots. This is
beneficial for the website, in order to make valid reports on the use of
their website.
Expiry: PersistentType: HTML
rc::bThis cookie is used to distinguish between humans and bots.
Expiry: SessionType: HTML
rc::cThis cookie is used to distinguish between humans and bots.
Expiry: SessionType: HTML
rc::fThis cookie is used to distinguish between humans and bots.
Expiry: PersistentType: HTML
* Intercom
2
Learn more about this provider
intercom-id-#Allows the website to recoqnise the visitor, in order to
optimize the chat-box functionality.
Expiry: 271 daysType: HTTP
intercom-session-#Sets a specific ID for the user which ensures the
integrity of the website’s chat function.
Expiry: 7 daysType: HTTP
* LinkedIn
2
Learn more about this provider
li_gcStores the user's cookie consent state for the current domain
Expiry: 180 daysType: HTTP
bscookieThis cookie is used to identify the visitor through an
application. This allows the visitor to login to a website through their
LinkedIn application for example.
Expiry: 1 yearType: HTTP
* New Relic
1
Learn more about this provider
JSESSIONIDPreserves users states across page requests.
Expiry: SessionType: HTTP
* ebooks.criteriacorp.com
webinar.criteriacorp.com
consent.cookiebot.com
3
CookieConsent [x3]Stores the user's cookie consent state for the current
domain
Expiry: 1 yearType: HTTP
* g2.com
1
cf_clearanceThis cookie is used to distinguish between humans and bots.
Expiry: 1 yearType: HTTP
* g2.com
g2crowd.com
js.ubembed.com
zoominfo.com
4
__cf_bm [x4]This cookie is used to distinguish between humans and bots.
This is beneficial for the website, in order to make valid reports on the
use of their website.
Expiry: 1 dayType: HTTP
* pi.pardot.com
go.criteriacorp.com
3
visitor_id#-hash [x3]Used to encrypt and contain visitor data. This is
necessary for the security of the user data.
Expiry: 10 yearsType: HTTP
* www.criteriacorp.com
5
utm_campaignCollects information on user preferences and/or interaction
with web-campaign content - This is used on CRM-campaign-platform used by
website owners for promoting events or products.
Expiry: 3 monthsType: HTTP
utm_contentUsed to send data to Google Analytics about the visitor's
device and behavior. Tracks the visitor across devices and marketing
channels.
Expiry: 3 monthsType: HTTP
utm_mediumCollects information on user preferences and/or interaction with
web-campaign content - This is used on CRM-campaign-platform used by
website owners for promoting events or products.
Expiry: 3 monthsType: HTTP
utm_sourceDetermines how the user accessed the website. This information
is used by the website operator in order to measure the efficiency of
their marketing.
Expiry: 3 monthsType: HTTP
utm_termDetermines how the user accessed the website. This information is
used by the website operator in order to measure the efficiency of their
marketing.
Expiry: 3 monthsType: HTTP
* www.g2.com
2
AWSALBRegisters which server-cluster is serving the visitor. This is used
in context with load balancing, in order to optimize user experience.
Expiry: 7 daysType: HTTP
AWSALBCORSRegisters which server-cluster is serving the visitor. This is
used in context with load balancing, in order to optimize user experience.
Expiry: 7 daysType: HTTP
* zoominfo.com
1
_cfuvidThis cookie is a part of the services provided by Cloudflare -
Including load-balancing, deliverance of website content and serving DNS
connection for website operators.
Expiry: SessionType: HTTP
* Preferences 12
Preference cookies enable a website to remember information that changes the
way the website behaves or looks, like your preferred language or the region
that you are in.
* Drift
5
Learn more about this provider
DRIFT_openTabsUsed to make the chat function consistent across tabs, if
the user has multiple browser tabs open for the same website.
Expiry: PersistentType: HTML
DRIFT_SESSION_IDAllows the website to recoqnise the visitor, in order to
optimize the chat-box functionality.
Expiry: SessionType: HTML
DRIFT_SESSION_STARTEDStores a unique ID string for each chat-box session.
This allows the website-support to see previous issues and reconnect with
the previous supporter.
Expiry: SessionType: HTML
DRIFT_visitCountsDetermines the number of visits of the specific visitor.
This is used in order to make the chat-box function more relevant.
Expiry: PersistentType: HTML
driftt_aidNecessary for the functionality of the website's chat-box
function.
Expiry: 2 yearsType: HTTP
* Intercom
1
Learn more about this provider
intercom-device-id-#Sets a specific ID for the user which ensures the
integrity of the website’s chat function.
Expiry: 271 daysType: HTTP
* g2.com
1
_g2_session_idUsed to embed customer reviews onto the site from
third-party review sites.
Expiry: SessionType: HTTP
* js.intercomcdn.com
www.criteriacorp.com
2
intercom.intercom-state-# [x2]Remembers whether the user has minimized or
closed chat-box or pop-up messages on the website.
Expiry: PersistentType: HTML
* www.criteriacorp.com
2
loglevelMaintains settings and outputs when using the Developer Tools
Console on current session.
Expiry: PersistentType: HTML
wistia-video-progress-#Contains a timestamp for the website’s
video-content. This allows the user to resume watching without having to
start over, if the user leaves the video or website.
Expiry: PersistentType: HTML
* www.g2.com
1
events_distinct_idUsed to embed customer reviews onto the site from
third-party review sites.
Expiry: SessionType: HTTP
* Statistics 17
Statistic cookies help website owners to understand how visitors interact
with websites by collecting and reporting information anonymously.
* Google
2
Learn more about this provider
_gaRegisters a unique ID that is used to generate statistical data on how
the visitor uses the website.
Expiry: 2 yearsType: HTTP
_ga_#Used by Google Analytics to collect data on the number of times a
user has visited the website as well as dates for the first and most
recent visit.
Expiry: 2 yearsType: HTTP
* Hotjar
5
Learn more about this provider
_hjSession_#Collects statistics on the visitor's visits to the website,
such as the number of visits, average time spent on the website and what
pages have been read.
Expiry: 1 dayType: HTTP
_hjSessionUser_#Collects statistics on the visitor's visits to the
website, such as the number of visits, average time spent on the website
and what pages have been read.
Expiry: 1 yearType: HTTP
_hjTLDTestRegisters statistical data on users' behaviour on the website.
Used for internal analytics by the website operator.
Expiry: SessionType: HTTP
hjActiveViewportIdsThis cookie contains an ID string on the current
session. This contains non-personal information on what subpages the
visitor enters – this information is used to optimize the visitor's
experience.
Expiry: PersistentType: HTML
hjViewportIdSaves the user's screen size in order to adjust the size of
images on the website.
Expiry: SessionType: HTML
* LinkedIn
1
Learn more about this provider
AnalyticsSyncHistoryUsed in connection with data-synchronization with
third-party analysis service.
Expiry: 30 daysType: HTTP
* Microsoft
5
Learn more about this provider
c.gifCollects data on the user’s navigation and behavior on the website.
This is used to compile statistical reports and heatmaps for the website
owner.
Expiry: SessionType: Pixel
_clckCollects data on the user’s navigation and behavior on the website.
This is used to compile statistical reports and heatmaps for the website
owner.
Expiry: 1 yearType: HTTP
_clskRegisters statistical data on users' behaviour on the website. Used
for internal analytics by the website operator.
Expiry: 1 dayType: HTTP
_cltkRegisters statistical data on users' behaviour on the website. Used
for internal analytics by the website operator.
Expiry: SessionType: HTML
CLIDCollects data on the user’s navigation and behavior on the website.
This is used to compile statistical reports and heatmaps for the website
owner.
Expiry: 1 yearType: HTTP
* assets.ubembed.com
1
ub-emb-idEnables the website to make variations of their landing-page.
This is used to minimize bounce-rates, which means that fewer users leave
the page immediately.
Expiry: PersistentType: HTML
* www.criteriacorp.com
3
ziwsSessionCollects statistics on the user's visits to the website, such
as the number of visits, average time spent on the website and what pages
have been read.
Expiry: SessionType: HTML
ziwsSessionIdCollects statistics on the user's visits to the website, such
as the number of visits, average time spent on the website and what pages
have been read.
Expiry: SessionType: HTML
wistiaUsed by the website to track the visitor's use of video-content -
The cookie roots from Wistia, which provides video-software to websites.
Expiry: PersistentType: HTML
* Marketing 45
Marketing cookies are used to track visitors across websites. The intention
is to display ads that are relevant and engaging for the individual user and
thereby more valuable for publishers and third party advertisers.
* Drift
4
Learn more about this provider
DRIFT_NOTIFICATION_PLAYEDPending
Expiry: SessionType: HTML
DRIFT_SESSION_CAMPAIGNSUsed to determine when and where certain pop-ups on
the website should be presented for the user and remember whether the user
has closed these, to keep them from showing multiple times.
Expiry: PersistentType: HTML
drift_aidSets a unique ID for the specific user. This allows the website
to target the user with relevant offers through its chat functionality.
Expiry: 2 yearsType: HTTP
drift_campaign_refreshSets a unique ID for the specific user. This allows
the website to target the user with relevant offers through its chat
functionality.
Expiry: 1 dayType: HTTP
* Google
6
Learn more about this provider
_gcl_auUsed by Google AdSense for experimenting with advertisement
efficiency across websites using their services.
Expiry: 3 monthsType: HTTP
IDEUsed by Google DoubleClick to register and report the website user's
actions after viewing or clicking one of the advertiser's ads with the
purpose of measuring the efficacy of an ad and to present targeted ads to
the user.
Expiry: 400 daysType: HTTP
pagead/landingCollects data on visitor behaviour from multiple websites,
in order to present more relevant advertisement - This also allows the
website to limit the number of times that they are shown the same
advertisement.
Expiry: SessionType: Pixel
test_cookieUsed to check if the user's browser supports cookies.
Expiry: 1 dayType: HTTP
NIDPending
Expiry: 6 monthsType: HTTP
pagead/1p-conversion/#/Pending
Expiry: SessionType: Pixel
* Intercom
1
Learn more about this provider
gtm_idUsed to send data to Google Analytics about the visitor's device and
behavior. Tracks the visitor across devices and marketing channels.
Expiry: 1 yearType: HTTP
* LinkedIn
4
Learn more about this provider
bcookieUsed by the social networking service, LinkedIn, for tracking the
use of embedded services.
Expiry: 1 yearType: HTTP
li_sugrCollects data on user behaviour and interaction in order to
optimize the website and make advertisement on the website more relevant.
Expiry: 3 monthsType: HTTP
lidcUsed by the social networking service, LinkedIn, for tracking the use
of embedded services.
Expiry: 1 dayType: HTTP
UserMatchHistoryUsed to track visitors on multiple websites, in order to
present relevant advertisement based on the visitor's preferences.
Expiry: 30 daysType: HTTP
* Microsoft
14
Learn more about this provider
_uetsidUsed to track visitors on multiple websites, in order to present
relevant advertisement based on the visitor's preferences.
Expiry: PersistentType: HTML
_uetsid_expContains the expiry-date for the cookie with corresponding
name.
Expiry: PersistentType: HTML
_uetvidUsed to track visitors on multiple websites, in order to present
relevant advertisement based on the visitor's preferences.
Expiry: PersistentType: HTML
_uetvid_expContains the expiry-date for the cookie with corresponding
name.
Expiry: PersistentType: HTML
MR [x2]Used to track visitors on multiple websites, in order to present
relevant advertisement based on the visitor's preferences.
Expiry: 7 daysType: HTTP
MSPTCThis cookie registers data on the visitor. The information is used to
optimize advertisement relevance.
Expiry: 1 yearType: HTTP
MUID [x2]Used widely by Microsoft as a unique user ID. The cookie enables
user tracking by synchronising the ID across many Microsoft domains.
Expiry: 1 yearType: HTTP
SRM_BTracks the user’s interaction with the website’s search-bar-function.
This data can be used to present the user with relevant products or
services.
Expiry: 1 yearType: HTTP
ANONCHKRegisters data on visitors from multiple visits and on multiple
websites. This information is used to measure the efficiency of
advertisement on websites.
Expiry: 1 dayType: HTTP
SMRegisters a unique ID that identifies the user's device during return
visits across websites that use the same ad network. The ID is used to
allow targeted ads.
Expiry: SessionType: HTTP
_uetsidCollects data on visitor behaviour from multiple websites, in order
to present more relevant advertisement - This also allows the website to
limit the number of times that they are shown the same advertisement.
Expiry: 1 dayType: HTTP
_uetvidUsed to track visitors on multiple websites, in order to present
relevant advertisement based on the visitor's preferences.
Expiry: 1 yearType: HTTP
* Pardot
1
Learn more about this provider
lpv#Used in context with behavioral tracking by the website. The cookie
registers the user’s behavior and navigation across multiple websites and
ensures that no tracking errors occur when the user has multiple
browser-tabs open.
Expiry: 1 dayType: HTTP
* YouTube
8
Learn more about this provider
#-#Pending
Expiry: SessionType: HTML
iU5q-!O9@$Registers a unique ID to keep statistics of what videos from
YouTube the user has seen.
Expiry: SessionType: HTML
LAST_RESULT_ENTRY_KEYUsed to track user’s interaction with embedded
content.
Expiry: SessionType: HTTP
LogsDatabaseV2:V#||LogsRequestsStorePending
Expiry: PersistentType: IDB
TESTCOOKIESENABLEDUsed to track user’s interaction with embedded content.
Expiry: 1 dayType: HTTP
VISITOR_INFO1_LIVETries to estimate the users' bandwidth on pages with
integrated YouTube videos.
Expiry: 180 daysType: HTTP
YSCRegisters a unique ID to keep statistics of what videos from YouTube
the user has seen.
Expiry: SessionType: HTTP
YtIdbMeta#databasesUsed to track user’s interaction with embedded content.
Expiry: PersistentType: IDB
* ebooks.criteriacorp.com
go.criteriacorp.com
pardot.com
webinar.criteriacorp.com
4
pardot [x4]Used in context with Account-Based-Marketing (ABM). The cookie
registers data such as IP-addresses, time spent on the website and page
requests for the visit. This is used for retargeting of multiple users
rooting from the same IP-addresses. ABM usually facilitates B2B marketing
purposes.
Expiry: SessionType: HTTP
* go.criteriacorp.com
pardot.com
3
visitor_id# [x3]Used in context with Account-Based-Marketing (ABM). The
cookie registers data such as IP-addresses, time spent on the website and
page requests for the visit. This is used for retargeting of multiple
users rooting from the same IP-addresses. ABM usually facilitates B2B
marketing purposes.
Expiry: 400 daysType: HTTP
* Unclassified 3
Unclassified cookies are cookies that we are in the process of classifying,
together with the providers of individual cookies.
* js.zi-scripts.com
1
_zitokPending
Expiry: 1 yearType: HTTP
* www.criteriacorp.com
1
unifiedScriptVerifiedPending
Expiry: SessionType: HTML
* www.g2.com
1
va_sidenav_openPending
Expiry: 1 yearType: HTTP
Cross-domain consent[#BULK_CONSENT_DOMAINS_COUNT#] [#BULK_CONSENT_TITLE#]
List of domains your consent applies to: [#BULK_CONSENT_DOMAINS#]
Cookie declaration last updated on 19/6/24 by Cookiebot
[#IABV2_TITLE#]
[#IABV2_BODY_INTRO#]
[#IABV2_BODY_LEGITIMATE_INTEREST_INTRO#]
[#IABV2_BODY_PREFERENCE_INTRO#]
[#IABV2_LABEL_PURPOSES#]
[#IABV2_BODY_PURPOSES_INTRO#]
[#IABV2_BODY_PURPOSES#]
[#IABV2_LABEL_FEATURES#]
[#IABV2_BODY_FEATURES_INTRO#]
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TERMS OF USE
Posted/Effective: December 5, 2023
(For the previous (January 13, 2022) version of these Terms and Conditions of
Use, click here).
Welcome to our website offering web-based subscription applications and services
for employment testing and assessments, and on demand video interviewing
provided by Criteria Corp, a California corporation, and its affiliate
entity-Criteria Australia Pty Ltd (“Criteria AU”), an Australian corporation
(ABN 58 089 022 202) (collectively, “We” or “Company”). The Company offers this
site, related services and mobile applications to you (the “Customer”)
(collectively, “Parties”) for use subject to your compliance with these Terms
and Conditions of Use (“Agreement”). We reserve the right to limit or terminate
your use if you fail to comply with this Agreement. Please take the time to
review this Agreement carefully. We may revise this Agreement by notifying you
as indicated in Section 13.10.
ACCEPTANCE OF TERMS AND CONDITIONS
BY USING THIS WEBSITE, CHECKING THE “ACCEPTED AND AGREED” BUTTON, COMPLETING
THE ORDER WEBPAGE, SIGNING A PAPER ORDER REFERENCING THIS AGREEMENT, OR
DOWNLOADING, ACCESSING, OR USING THE SERVICE USING A COMPUTER OR ANY OTHER
DEVICE OR METHOD, YOU EXPRESSLY (A) ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT IN ITS ENTIRETY; (B) IF CUSTOMER IS A COMPANY OR ANY OTHER LEGAL
ENTITY, YOU CONFIRM THAT THE PERSON ACCEPTING AND AGREEING TO THIS AGREEMENT IS
AUTHORIZED BY CUSTOMER TO ENTER INTO THIS AGREEMENT FOR CUSTOMER; AND (C) AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ASSUME
RESPONSIBILITY FOR ANY NONCOMPLIANCE WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO
THE TERMS OF THIS AGREEMENT, PLEASE EXIT THE WEBSITE AND DO NOT DOWNLOAD,
INSTALL, ACCESS, OR USE THE SERVICE.
1. Definitions. The capitalized terms shall have the following meanings
whenever used in this Agreement.
1.01 "ATS" refers to an applicant tracking system or any similar computer system
used by Customer to manage data related to job applicants.
1.02 "AUP" refers to the Acceptable Use Policy currently posted at
http://www.criteriacorp.com/aup.php.
1.03 "Customer Data" refers to data relating to or controlled by Customer or a
Candidate in electronic form input or collected through the Service by or from
Customer, including without limitation by or from Customer's Authorized Users or
Candidates, but excluding Test Response Data and Optional Data.
1.04 "Employee" refers to any person working within Customer's organization,
including full-time employees, part-time employees, interns, volunteers, and
individual independent contractors.
1.05 "Optional Data" refers to demographic information that Candidates based
in the United States may provide in connection with their use of the Service
under the heading "Optional." If enabled by Customer, Candidates may elect to
provide anonymous demographic data but are not required to provide it as part of
the Service.
1.06 "Order" refers to Customer's order for the Service (a) submitted via the
Service online ordering system, email from Customer, fax from Customer, or
otherwise, and (b) accepted by Company, as recorded by the Service's computer
systems.
1.07 "PII" refers to data that can be used to identify or contact a person,
including without limitation personally identifiable information provided by
Candidates.
1.08 "Privacy Policy" refers to Company's privacy policy currently posted at
http://www.criteriacorp.com/privacy.php.
1.09 “Service” refers to the Company’s web-based employment testing, video
interview software, and assessment subscription service (including those
features formerly known as HireSelect®) as well as related customer service and
technical support.
1.10 "Term" is defined in Section 12.01 below.
1.11 "Test Response Data" refers to Candidates' responses to tests,
assessments, and surveys provided by Company and administered through the
Service, excluding TestMaker Content. Test Response Data includes test responses
only (such as selection of answer “T” or “F”, “a” “b” “c” or “d”, or a 1-5 or
1-10 rating, an anonymized transcript of responses, etc.) but excludes PII.
1.12 "TestMaker Content" refers to Customer content uploaded to the TestMaker
section of the Service by or for Customer for use as Customer-created tests or
surveys.
1.13 "Candidate" refers to an individual who uses the Service to take tests,
assessments, or video interviews at Customer's direction or request. It is
possible that Employees may also be Candidates.
1.14 "Authorized User" refers to an individual who uses or administers the
Service on Customer's behalf. Authorized Users include Candidates as well as
Employees and other agents.
1.15 “Service Provider” refers to third parties engaged by Company to perform
services in connection with the Service, Company operations, and Customer
support.
1.16 “Company Content” refers to all tests, assessments, information and
materials accessible and available to Customer through the Service (except for
Customer Data and TestMaker Content).“IP” refers to patents, patent
applications, designs, copyrights, trademarks (registered or unregistered),
service marks, trade names, inventions, techniques, domain name rights,
discoveries and improvements, concepts, adaptations, computer programs, code,
know-how (whether registered or unregistered) and other trade secret rights,
moral rights, goodwill, and all other intellectual property rights and similar
forms of protection.
1.17 “Score Report” refers to a summary report issued to Customer or a
Candidate that includes key information regarding a Candidate’s performance on
an assessment taken via the Service.
1.18 “Security Incident” refers to any accidental or unlawful destruction,
loss, or alteration, or the unauthorized disclosure of, use or access to, any
Customer PII that reasonably requires notification under applicable data
notification laws.
1.19 “Candidate Video Data” means the audio and video response that is
recorded by Candidates in the service.
1.20 “Authorized User PII” means the name, business email address, title,
and/or business address of Authorized Users.
2. Service in General. We commit to provide the Service to Customer during the
Term and as indicated in this Agreement on the condition that Customer complies
with its commitments in this Agreement.
2.01 Use of Information. As between the Customer and Company, Customer is the
sole owner of Customer Data and TestMaker Data. Customer permits Company to: (a)
use Customer Data (including Customer PII) to create Score Reports and other
analyses for Customer's use; (b) use, process, transmit, store and share
Customer Data and TestMaker Data as necessary to provide the Service, improve
the Service, or protect the Service (and the content or other assets associated
with the Service), and (c) use, process, transmit, store and share Customer Data
and TestMaker Data as instructed by Customer and as described in this Agreement,
including the Company Privacy Policy.
2.02 Data Management. We will only store Customer Data and Score Reports as
necessary to provide the Service, support Service-related activities, or to the
extent required by applicable law. During the Term, We commit to use reasonable
commercial efforts to store all Customer Data maintaining reasonable
administrative and technical safeguards designed for the physical protection,
confidentiality, and integrity of Customer Data as described in the our Privacy
Policy. At the end of the Term, Customer Data and Score Reports will either be
anonymized or deleted in accordance with Criteria’s data retention practices as
described in Section 12.04. Customer controls which Authorized Users it
authorizes to access the Service, and retains the ability within the Service to
view, download or otherwise control the Customer Data and Score Reports at
Customer’s election. Therefore, Customer understands that (a) We will have no
liability for erased or otherwise lost Customer Data, including for any damages
resulting directly or indirectly from such loss; and (b) We may suspend or
terminate Customer’s access to the Service and Customer Data if Customer or its
Authorized Users violate the AUP and/or if Customer's account is delinquent or
suspended for 30 days or more.
2.03 Communications. Customer acknowledges and agrees that any e-mail contact
information provided to the Service is accurate. Customer understands and
accepts that the Service sends required service notifications, automated
invoices, and collection emails using such contact information. Customer will
promptly notify Company of any changes in Customer’s contact information.
2.04 Restrictions and Acceptable Data. Customer is responsible for the
accuracy, quality, and legality of all Customer Data and Customer’s use of
Customer Data. Customer recognizes and agrees that: (a) the Service is for
business use and not for consumers; (b) the Service is not intended to store or
use sensitive personal information such as credit reporting information, credit
card numbers, sensitive financial information, Social Security numbers, drivers
licenses or similar identifiers from other jurisdictions; information which is
otherwise defined as “sensitive information” in the Australian Privacy Act 1988
(Cth) or under the General Data Protection Regulation; or protected health
information, as defined by (i) the Health Insurance Portability and
Accountability Act of 1996 and its enabling regulations and related laws
("HIPAA") or (ii) any applicable Australian privacy legislation and no such data
should be input or uploaded into the Service; and (c) the Service is not
compliant with HIPAA or the Gramm-Leach-Bliley Act, and may not be compliant
with other laws governing such sensitive personal information.
2.05 Free Trials. "Free Trial" refers to a no-charge use of the Service for
purchase consideration and to any other use designated "Free Trial" on the
Order. Customer will only use a Free Trial: (a) for the period designated on the
Order; (b) for no more than 20 tests; or (c) for the sole purpose of assessing
the purchase of a Service subscription. Without limiting the generality of the
foregoing, Customer will not use a Free Trial for job applicants. We may
discontinue a Free Trial at any time and for any reason. Only one Free Trial per
organization or individual is permitted.
3. Pricing & Payment. Customer will pay Company the applicable fees on the
Order on or before the start of the Term but in no case later than the date
indicated on Company's invoice. Company may issue invoices at any time. All
payments will be made without any deductions and in the designated currency for
the Criteria contracting entity and jurisdiction, which include U.S. dollars for
Criteria Corp or Australian dollars for Criteria AU or any other Australian
Affiliate. Customer assumes responsibility for and will pay any and all
applicable levies, customs, and duties, or taxes imposed by any governmental
authority related to the Order, including GST and withholding tax, as
applicable. If Customer is prohibited by applicable law from making required
payments free of taxes (including value-added tax), deductions, or withholdings,
or if such taxes are charged by Company, Customer will reimburse all such
additional charges/amounts to Company.
3.01 Information Accuracy. Customer recognizes and agrees that: (a) the
Service is priced using algorithms that estimate usage based on tests used,
positions, hiring, and Customer's count of Employees; and (b) such Employee
count may only exclude independent contractors if the Service will not be used
to test, screen, or otherwise address independent contractors. Customer will
provide Company with complete and accurate information regarding its number of
Employees, as well as complete and accurate billing and contact information.
Without limiting Company's rights or remedies, if Customer's testing
administration exceeds usage expectations for its service level pricing tier,
Company may charge Customer for additional fee(s) that correspond to Customer’s
use; and may suspend Customer's use of the Service without advanced notice. If
requested by Company, Customer will verify, certify, and provide its Employee
count to Company.
3.02 Credit Cards. Company uses a PCI compliant third-party gateway processor
for its credit card processing. If Customer attempts to pay with a credit card
and payment is declined or an account balance remains due, Company may direct
the credit card processor to charge the card again or require an alternative
credit card to be used (without limiting Company's other rights or remedies).
3.03 No Refunds/Cancellations. All Orders are non-cancellable. Neither
prepaid fees nor any other fees are refundable under any circumstances.
3.04. Collection. If Customer fails to make any payment when due, Customer is
responsible for and will pay or, at Company's option, reimburse all reasonable
costs of collection, including without limitation attorneys' fees.
4. Customer's Responsibilities & Restrictions.
4.01 Authorized Users. Customer is responsible and liable for the acts and
omissions of Authorized Users, including without limitation, any Authorized User
conduct that violates the AUP or Customer’s responsibilities under this
Agreement.
4.02 Content Rights. Customer has a non-exclusive, non-sublicensable,
nontransferable (except as specifically permitted in this Agreement) right to
access and use the Service and Company Content under this Agreement during the
Term, in connection with Customer’s internal staffing business purposes.
Customer rights do not include the right to reproduce, distribute, or disclose
to third parties any Company Content (including any test information). Customer
acknowledges and agrees: (a) that the Company Content (including all tests
available through the Service) are protected by copyright and other laws and are
Company's trade secrets and Confidential Information (as defined below in
Section 5.01); and (b) that unauthorized distribution, disclosure, or other use
would reduce or destroy their validity, usefulness, and value and would cause
Company substantial and irreparable harm, including without limitation potential
harm to its reputation.
4.03 Employment Practices. Customer is solely responsible for its employment
practices, including but not limited to Customer’s use of the Service in its
recruiting activities. As such, Customer acknowledges and agrees as follows:
(a) Test and/or assessment results from the Service should be only one element
in a human decision-making process or determination within a comprehensive
applicant or Employee evaluation.
(b) U.S. Customers should become familiar with the Uniform Guidelines on
Employee Selection Procedures (“UGESP”) issued by the U.S. Equal Employment
Opportunity Commission ("EEOC") to help avoid cultural bias and unfair
discrimination and to make certain that only job-related selection techniques
are used in hiring job applicants. Non-U.S. Customers should become familiar
with their jurisdiction's employment laws related to bias and discrimination.
(c) Use of tests or completed video interviews for evaluation of job applicant
honesty or integrity is unlawful or restricted in some jurisdictions, and
Customer will not use the Service (or specific tests or assessments) where or in
a manner prohibited by applicable law.
(d) Customer, not Company, is responsible for making testing and video
interview accommodations for Authorized Users as required by applicable law,
including, without limitation, the Americans with Disabilities Act of 1990 and
EEOC regulations. To inquire about available accommodation support within the
Service, Customer shall promptly send an "accommodation request" to
help@criteriacorp.com for Criteria Services or for video interviews.
Responsibility for compliance remains with Customer whether or not Company
assists as set forth above.
(e) Company has no role in determining or control over the legality, quality,
or propriety of Customer's hiring or employment practices.
(f) Tests and assessments within the Service are not intended for diagnostic or
treatment purposes and are not intended for mental health, medical, or other
health-related purposes.
(g) Customer, not Company, is responsible for its compliance with any laws,
rules, and regulations governing testing or hiring by government agencies.
(h) Customer will obtain proper consents from Authorized Users for their
participation in the video interviews provided through the Service.
4.04 Data Accuracy. Customer assumes sole responsibility for the accuracy of
data uploaded to the Service by Authorized Users, and Company will have no
responsibility or liability for the accuracy of such data.
4.05 Unauthorized Access. Customer shall take reasonable steps to prevent
unauthorized access to the Service, including without limitation by protecting
its log-in passwords and other information. Customer will use the same or
similar actions as it takes to protect its accounts and other information of
similar sensitivity. Customer will immediately notify Company if it becomes
aware of or reasonably suspects any unauthorized use of or access to the Service
(including Company Content) and commits to use its best efforts to stop such use
or access.
4.06 Employment and Recruiting Agencies. Customer will not use the Service to
facilitate hiring or retention of Employees other than for its own internal
staffing needs, unless it has clearly identified itself as an Employment Agency
and has Company's prior written consent to use the Service on behalf of third
parties. ("Employment Agency" refers to a recruiting or hiring firm or
consultant, employment agency, or other person or entity in the business of
assisting with recruiting or hiring that is not solely for its own
organization.)
(a) If Customer is an employment or recruiting agency, or is acting in the same
capacity as one, it shall notify Company in writing immediately, prior to
purchasing the Service. If Customer becomes or intends to become an employment
or recruiting agency, or through merger, acquisition, or partnership becomes
one, or provides the services of one; Customer shall provide Company with a
minimum 30-day advance written notice. In such case, Company may elect to
terminate this Agreement without advanced notice.
(b) If Customer is an Employment Agency and its use of the Service exceeds the
limits authorized in the Order, breaches Section 4.02 (Content Restrictions), or
in any other way infringes Company's IP rights, we may suspend Customer's use of
the Service or terminate this Agreement, in each case without advanced notice or
opportunity to cure. Conduct authorizing suspension or termination pursuant to
the preceding sentence includes, without limitation, immaterial excesses,
breaches, or infringements. Customer recognizes and agrees that
Employment Agency pricing is based on algorithms that estimate usage based on
the size of the agency, industry(ies) served, type and number of positions for
which it is recruiting, and the number and size of Employment Agency customers.
4.07 TestMaker Content. Customer commits and agrees that it will have all
necessary rights and title and/or permission to use TestMaker Content before it
is submitted to the Service. Customer will promptly notify Company in writing of
any claims relating to TestMaker Content and will remove any TestMaker Content
that is subject to verified claims at Company’s request.
4.08 PII.
(a) Customer commits and agrees that Customer will have all consents and
permissions for any PII that may be part of the Customer Data. When collecting,
uploading, downloading, transferring, accessing or sharing any PII in connection
with the Service, Customer will abide by all applicable privacy and data
protection laws. Customer, not Company, is responsible for its compliance with
any applicable laws, rules, and regulations relating to the privacy and security
of Customer Data.
(b) We maintain reasonable administrative, physical, and technical safeguards
designed to protect any PII uploaded by Customer to the Service or collected by
Company on Customer's behalf ("Customer PII"). Those safeguards include measures
for managing Security Incidents. Before sharing Customer PII with a Service
Provider, we expect such Service Provider to have, at a minimum, reasonable data
practices for maintaining the confidentiality, security of Customer PII and
preventing unauthorized access, and an agreement which imposes obligations no
less protective than the obligations of this Agreement. If and to the extent
required by applicable law, we will (a) promptly notify Customer of any Security
Incident, (b) investigate the Security Incident and (c) provide reasonable
assistance to Customer (and any law enforcement or regulatory official) as
required to investigate the Security Incident. Customer remains responsible (to
the extent permitted by law) for the timing, content, cost, and method of any
third-party notice requirements that may be triggered by the Security Incident
and compliance with applicable laws. Customer is fully responsible for (i)
adequate security, protection and backup of Customer Data when in Customer's or
its representatives' or agents' possession or control, and (ii) what Authorized
Users do with Customer PII.
(c) If Customer is subject to the California Consumer Privacy Act of 2018
(“CCPA”) as amended by the California Privacy Rights Act (“CPRA”), other
applicable laws of the United States governing the use of PII (collectively, “US
Privacy Law”); or the privacy laws of any jurisdiction outside of the European
Economic Area (“Non-US Privacy Law”); Customer and Company agree and acknowledge
that for purposes of US Privacy Law and Non-US Privacy Law, Company is
Customer’s “service provider” or “processor”. As such, Company is only
authorized to use, retain, and disclose Customer PII for the delivery of
Services to Customer in accordance with this Agreement, including disclosures to
Company’s own Service Providers; as well as use for Company’s business purposes
and as authorized (when applicable) by US Privacy Law or Non-US Privacy Law. We
will refrain from actions that qualify as “selling or sharing personal
information” (as defined by US Privacy Law). We will retain Customer PII only
for as long as Customer deems it necessary for the permitted purpose as
specifically described in this Agreement, or as required by applicable laws.
Upon termination of this Agreement, or upon Customer’s written request, we will
either destroy or return Customer PII to the Customer in accordance with
Company’s storage and retention policies (described in Section 12.04), unless
legal obligations require storage of the Customer PII. Subject to detailed
written request by Customer, we will provide Customer with reasonable assistance
for Customer’s compliance obligations to respond to requests to delete or access
Customer PII required (when applicable) by US Privacy Law or Non-Us Privacy Law.
If we receive a verified request for access, information or deletion directly
from an authorized person enforcing available rights under applicable privacy
law, we will notify Customer of the request and either respond to the request
directly or refer the request to Customer. At Customer’s option, Customer and we
will enter into a Data Protection Addendum located at
(https://www.criteriacorp.com/dpa).
(d) If Customer is established in the European Economic Area or the United
Kingdom, or any of the Customer Data contains the personal data of individuals
in the European Economic Area or United Kingdom, to the extent that we act as a
processor for that Customer Data, Company and Customer will enter into a Data
Protection Addendum located at (https://www.criteriacorp.com/dpa), which
incorporates the European Commission’s Standard Contract Clauses for the
transfer of personal data to processors established in third countries which do
not ensure an adequate level of data protection) before Customer’s submission of
PII through the service.
4.09 Technology Restrictions. Customer will not and will not permit any of its
Authorized Users to do any of the following:
(a) access the Service or use any of its features or resources, including
without limitation Score Reports, in order to build a competitive product or
service, to build a product using similar ideas, features, functions or
graphics, video content or to copy any ideas, features, functions, graphics, or
source code of the Service;
(b) license, sublicense, sell, resell, transfer, assign, distribute or
otherwise commercially exploit or make the Service or its content available to
any third party without Company's express written consent;
(c) modify or make derivative works based upon the Service or its content;
(d) share non-public Service features or content with any third party;
(e) reverse engineer, decompile, disassemble or otherwise attempt to derive the
source code, techniques, processes, algorithms, know-how or other information
from the Service, including but not limited to the binary code portions of the
Service or permit, encourage, or induce the foregoing; or
(f) interfere with or disrupt the integrity or performance of the Service or
the data contained therein.
(g) alter, change, remove, obscure or add to any notices or other indications
(including copyright notices) as to the ownership of or any IP or other labels,
symbols, logos, legends or trademarks affixed to or embodied in the Service; or
(h) frame, deep link or establish unauthorized links to any part of the
Service.
4.10 Risks Related to Candidates. Customer recognizes and agrees that: (a) We
have no control over or the truth or accuracy of information provided by
Candidates or Candidates' integrity or ability to perform job responsibilities;
and (b) doing business and communicating through the Service involves inherent
risks. Without limiting the generality of the foregoing, Company makes no
representation regarding any such risks, and Customer assumes all risks related
to using or having Candidates use the Service.
4.11 ATS License Rights. If Customer elects to use the Service through its ATS,
Customer will obtain the necessary rights and permissions for the configuration
and/or integration of the ATS with the Service, including access and use by
Company. Customer’s use of the ATS (including availability) are governed by
separate terms established between Customer and the ATS provider. Customer
accepts the risk of possible disruptions of the Service outside of Company’s
control caused by the ATS, including Service disruptions resulting from the
suspension or interruption of the ATS. Such disruptions will not qualify as a
“Service Interruption” covered by the service level agreement under Section
6.01.
5. Confidential Information.
5.01 Confidential Information Defined.
(a) Company's "Confidential Information" includes but is not limited to: (i)
the Company Content; (ii) any pricing or non-standard terms Company offers;
(iii) business and marketing plans, technology and technical information,
product plans and designs, and business processes; (iv) any other information
Company provides to Customer and either marks "Confidential" or and orally
designates as "Confidential; and (v) any other nonpublic, sensitive information
Customer should reasonably consider a trade secret or otherwise proprietary or
confidential.
(b) Customer's "Confidential Information" is (i) Customer's non-public hiring
plans. Customer may propose additional Confidential Information by providing a
non-confidential written summary thereof, and such information will be
Customer's Confidential Information if we accept in writing such proposed
disclosure. Except as set forth in Subsection 5.01(b)(i) above, Customer
information disclosed without such a summary and acceptance by Company is not
Customer's Confidential Information.
(c) Notwithstanding the foregoing, Confidential Information does not include
information: (i) in the receiving party's ("Recipient's") possession at the time
of original disclosure, without obligation of confidentiality; (ii)
independently developed by Recipient without use of or reference to the
disclosing party's ("Discloser's") Confidential information; or (iii) that
becomes known publicly, before or after disclosure, other than as a result of
Recipient's improper action or inaction.
5.02 Nondisclosure. Recipient shall not use Discloser's Confidential
Information for any purpose other than to facilitate use and provision of the
Service pursuant to this Agreement. Except as specifically authorized in writing
in advance by Discloser, Recipient shall not disclose Discloser's Confidential
Information to any third party and shall take precautions to prevent
unauthorized disclosure, consistent with the precautions it takes to protect its
own confidential information of similar nature, but not less than reasonable
precautions. Recipient may disclose Discloser's Confidential Information to its
Employees and Service Providers who need to know in order to facilitate the
purpose of disclosure, provided each such Employee or Service Provider is
subject to a reasonable nondisclosure agreement with Recipient. However,
Recipient may disclose Discloser's Confidential Information as required by
applicable law or by proper legal or government authority, provided it gives
Discloser advanced written notice reasonably sufficient to obtain a protective
order or otherwise to contest such required disclosure and reasonably cooperates
in any such effort. Recipient shall promptly notify Discloser in writing of any
known misuse or misappropriation of Discloser's Confidential Information. We are
not responsible for misuse of Customer Confidential Information by or through an
ATS, including without limitation if we integrate the Service with such ATS.
5.03 Retention of Rights. This Agreement does not transfer ownership of
Confidential Information or grant a license thereto. Discloser will retain all
right, title, and interest in and to all Confidential Information.
5.04 Exception & Immunity. Pursuant to the Defend Trade Secrets Act of 2016,
18 USC Section 1833(b), Recipient is on notice and acknowledges that,
notwithstanding the foregoing or any other provision of this Agreement:
(a) Immunity. An individual will not be held criminally or civilly liable under
any Federal or State trade secret law for the disclosure of a trade secret that-
(A) is made- (i) in confidence to a Federal, State, or local government
official, either directly or indirectly, or to an attorney; and (ii) solely for
the purpose of reporting or investigating a suspected violation of law; or (B)
is made in a complaint or other document filed in a lawsuit or other proceeding,
if such filing is made under seal.
(b) Use of Trade Secret Information in Anti-Retaliation Lawsuit. An individual
who files a lawsuit for retaliation by an employer for reporting a suspected
violation of law may disclose the trade secret to the attorney of the individual
and use the trade secret information in the court proceeding, if the individual-
(A) files any document containing the trade secret under seal; and (B) does not
disclose the trade secret, except pursuant to court order.
6. SLA / Service Level Agreement.
6.01 Service Level. We commit that the Service will not materially fall below
the Service Obligation. The "Service Obligation" means that the Service will be
operational and available to Customer at least 99% of the time during any
calendar month (subject to the provisions of this Section 6). If Company does
not meet the Service Obligation during any calendar month, we will provide
Customer with a Service credit at no charge by extending the Term by a period
equal to the duration of the failure to meet the Service Obligation (the
"Service Interruption"), plus an additional 30 days (collectively, the
"Extension"). The Extension will apply only if Customer notifies Company within
48 hours of a Service Interruption by email to "support@criteriacorp.com" for
Criteria services or for video interviews (or to such other address as we may
designate), with the email subject "Service Interruption." The additional 30
days will apply to no more than one Extension per calendar month.
6.02 Sole Remedy. With the exception of termination pursuant to Section 12.02
below where applicable, this Section 6 provides Customer's sole and exclusive
remedy for any failure of the Service to perform as expected or required, even
if such remedy fails of its essential purpose. Company does not exclude,
restrict or modify any liability that cannot be excluded, restricted or
modified, or which cannot be excluded, restricted or modified by law except to a
limited extent, as between Company and the Customer by law (including without
limitation liability under the Australian Competition and Consumer Act 2010
(Cth)). The Extension may not be exchanged for refunds or other monetary
amounts.
6.03 Maintenance. We will exercise reasonable efforts to schedule Service
upgrades and routine maintenance (collectively, "Maintenance") outside of normal
business hours. Neither Maintenance nor events beyond Company's reasonable
control will count toward Service Interruptions or breaches of Company's
obligations, and neither will authorize an Extension or other remedy. (As used
in the preceding sentence, "events beyond Company's reasonable control" include,
without limitation, Force Majeure as defined in Section 13.06, failures of
Internet backbone providers, and acts or omissions of third parties that are not
Company's vendors or agents.) We will notify Customer of Maintenance as early as
commercially reasonable via a posting on the Service.
7. Content & IP.
7.01 Company IP. Customer recognizes and agrees that: (a) Company Content and
Company IP is the property of Company or its licensors and protected by IP laws;
and (b) Customer does not acquire any right, title, or interest in or to the
Company Content, Company IP or Company Confidential Information.
7.02 Candidate Information. Customer acknowledges and agrees that Candidates
will be required to accept and agree to be bound by the Candidate Terms and
Conditions of Use (“Candidate Agreement”) prior to accessing the Service and
taking any test(s), or video interviews. Subject to the Candidate Agreement and
Company Privacy Policy, Company may use Candidate PII: (a) to provide the
Service to Customer; and (b) to offer and provide additional Company services
directly to Candidates, including, without limitation, test preparation, career
services, video interviewing and other job-related services. Company will not
use Candidate PII for marketing purposes. Subject to the Candidate Agreement
and applicable law, Customer may view, download, and retain Score Reports and
evaluations provided by the Service during the Term, provided all payments or
payment schedules are current and Customer is otherwise in compliance with this
Agreement.
7.03 Aggregate & Anonymized Information. Customer acknowledges that Company
collects, logs, and aggregates Test Response Data, Optional Data and usage data
as part of the normal operation of the Service (“Aggregated Data”). Subject to
applicable law, we may use Aggregated Data for purposes of operating the Service
as well as the Company business, managing the Service performance and improving
the Service, provided that the Aggregated Data is anonymized and Company’s use
does not reveal or disclose Customer Data, Customer Confidential Information, or
PII of Authorized Users.
7.04 Ownership of the Service. We retain all right, title, and interest in and
to the Service, Test Response Data, and Optional Data, including, without
limitation, all software used in the Service (other than Customer's logos as
applicable). This Agreement does not grant Customer any IP rights in or to the
Service or any of its components. Without limiting the generality of the
foregoing, this Agreement does not grant Customer a software or trademark
license.
8. Online Policies.
8.01 AUP. Customer will comply with the AUP. If Customer or any of its
Authorized Users materially violate the AUP, we may suspend or terminate
Customer's access to the Service, in addition to relying on any other remedies.
Neither this Agreement nor the AUP requires that Company take any action against
Customer or any Authorized User or other third party for violating the AUP, but
we may take any such action we see fit.
8.02 Privacy Policy. The Privacy Policy applies to Company’s websites,
application, and the Service, but does not apply to any third-party website or
service linked to the Service or recommended or referred to through the Service
or by Company's staff.
9. Representations & Warranties.
9.01 From Customer. Customer represents and warrants that:
(a) it has accurately identified itself, has not provided any inaccurate
information about itself to the Service, and it will update all such information
to maintain accuracy;
(b) it is a corporation, the sole proprietorship of an individual 18 years or
older, or another entity authorized to do business pursuant to applicable law;
(c) it will use the Service for internal business purposes and not for
personal, family, household, or other consumer purposes;
(d) it has the full right and authority to enter into, execute, and perform its
obligations under this Agreement;
(e) no pending or threatened claim or litigation known to it would have a
material adverse impact on its ability to perform as required by this
Agreement;
(f) it owns or has obtained all necessary licenses, rights, consents, and
permissions to use all TestMaker Content;
(g) its use of the Service is in compliance with all applicable laws and
regulations, including without limitation federal, state and local employment
and anti-discrimination laws;
(h) the TestMaker Content does not and will not include any information
restricted by Section 2.04 (Restrictions the Service and Acceptable Data)
above;
(i) it does not operate or plan to operate a pre-employment testing and/or
video interviewing system for the benefit of its customers or of other third
parties, or if it does, Customer has so informed Company's Chief Executive
Officer or Chief Operating Officer in writing and received written
acknowledgement and consent to use the Service; and
(j) it will comply with all applicable laws if it seeks or obtains a consumer
report, investigative consumer report, or other background report (collectively,
a "Background Report").
Customer recognizes and agrees that Company is not a consumer reporting agency
and that, if Company assists Customer in obtaining a Background Report, we do so
solely to assist Customer and not for any Company purpose, and we will have no
responsibility or liability arising out of or related to such assistance.
9.02 As Is. Except for the Service Level commitments and sole remedy described
in Section 6, THE SERVICE (INCLUDING COMPANY CONTENT) IS PROVIDED "AS IS," AND
WITHOUT GUARANTEES OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR
STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF FITNESS FOR A PARTICULAR
PURPOSE, TITLE, MERCHANTABILITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS, AND ANY WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF
PERFORMANCE, OR USAGE OF TRADE TO THE MAXIMUM EXTENT PERMITTED BY THE LAW.
9.03 Additional Disclaimers. WITHOUT LIMITING THE GENERALITY OF THE PROVISIONS
OF SECTION 9.02 ABOVE: (a) COMPANY DOES NOT WARRANT OR GUARANTEE THE ACCURACY,
RELIABILITY, COMPLETENESS, USEFULNESS, OR QUALITY OF ANY COMPANY CONTENT; (b)
COMPANY DOES NOT WARRANT THAT THE SERVICE IS SECURE, FREE FROM BUGS, VIRUSES,
INTERRUPTION, ERRORS, THEFT, OR DESTRUCTION OR THAT THE SERVICE WILL MEET
CUSTOMER'S REQUIREMENTS; (C) COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY
CONTENT POSTED ON OR LINKED FROM THE SERVICE; (D) COMPANY IS NOT RESPONSIBLE OR
LIABLE FOR THE PERFORMANCE OF ANY ATS, INCLUDING WITHOUT LIMITATION ANY ATS THAT
COMPANY INTEGRATES WITH THE SERVICE; (E) COMPANY IS NOT RESPONSIBLE OR LIABLE
FOR ANY INJURY RELATED TO DATA LISTED IN SECTION 2.04 ( RESTRICTIONS ON THE
SERVICE AND ACCEPTABLE DATA); (F) (INTENTIONALLY OMITTED); (G) COMPANY IS NOT
RESPONSIBLE OR LIABLE FOR ANY CUSTOMER HIRING PRACTICE OR EMPLOYMENT DECISION,
INCLUDING WITHOUT LIMITATION THOSE ADDRESSED BY SECTION 4.03 (HIRING PRACTICES),
OR ANY LOSS RESULTING FROM USE OF OR RELIANCE ON INFORMATION GATHERED THROUGH
THE SERVICE; (H) COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY FAILURE OF THE
SERVICE TO INTERFACE WITH OR OPERATE IN CONJUNCTION WITH ANY THIRD-PARTY
SOFTWARE OR HARDWARE; AND (I) CUSTOMER RECOGNIZES AND AGREES THAT NEITHER
COMPANY NOR THE SERVICE PROVIDES ANY PROFESSIONAL OR LEGAL ADVICE.
10. Indemnification.
10.01 Customer's Indemnifications. Customer will defend, indemnify, and hold
harmless Company and its Affiliates (as defined in Section 10.04) from any
third-party claim, suit, or proceeding arising out or related to Customer's
alleged or actual use of, misuse of, or failure to use the Service. Claims,
suits, and proceedings described in the preceding sentence exclude claims listed
in Section 10.02 below but include: (a) claims by Authorized Users, including
without limitation claims alleging any wrongs related to recruitment, hiring, or
employment (including those related to Section 4.03 (Hiring Practices),and
applicable laws; (b) claims related to Customer violation of applicable law
(including privacy obligations); (c) claims alleging that TestMaker Content or
other Customer-provided materials used with the Service infringe or violate
intellectual property or privacy rights or defame or libel any person or entity;
(d) claims alleging failure of the Service, provided that such failure is not
caused by a breach of the Agreement by Company or by Company’s willful
misconduct; and (e) claims relating to or arising out of any instructions or
directions given by the Customer to Criteria (including instructions on the
handling of Customer Personal Data), (f) claims arising out of any breach by the
Customer of its privacy obligations under this Agreement.
10.02 Company's IP Indemnification. We will defend and indemnify Customer from
any third-party claim, suit, or proceeding arising out of, related to, or
alleging infringement of any U.S. patent, copyright, or trade secret by the
Service. Company's indemnity obligations do not apply to the extent that a
claim, suit, or proceeding arises out of: (a) Customer's breach of this
Agreement; (b) Customer's unauthorized use or modification of the Service; (c)
Company's modification of the Service in compliance with specifications provided
by Customer; or(d) use of the Service in combination with hardware or software
not provided by Company.
10.03 Litigation. The claims listed in Sections 10.01, 10.02, and 10.03 are
referred to collectively as "Indemnified Claims." The indemnifying party's
("Indemnitor's") obligations pursuant to this Section 10: (a) include retention
and payment of attorneys and payment of court costs, as well as settlement at
Indemnitor's expense and payment of judgments; and (b) are excused to the extent
that the indemnified party's ("Indemnified Party") or its Affiliate's failure to
provide prompt notice of the Indemnified Claim or reasonably to cooperate
materially prejudices the defense. Indemnitor will control the defense of any
Indemnified Claim, including appeals, negotiations, and any settlement or
compromise thereof; provided Indemnified Party will have the right, not to be
exercised unreasonably, to reject any settlement or compromise that requires
that it admit wrongdoing or liability or subjects it to any ongoing affirmative
obligations. ("Affiliates" refers to a party's officers, directors, employees,
agents, contractors, representatives, suppliers, subsidiaries, parents,
affiliated companies, and insurers.)
11. Limitation of Liability. COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY
OF THE FOLLOWING ARISING OUT OF OR RELATED TO THIS AGREEMENT: (a) INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES; OR (b)
DAMAGES IN EXCESS OF (a) THE FEES PAID BY CUSTOMER FOR THE SERVICE DURING THE
12-MONTH PERIOD PRECEDING THE INJURY GIVING RISE TO THE CLAIM, or (b)
USD$5,000-WHICHEVER IS GREATER. THE LIABILITIES LIMITED BY THE PRECEDING
SENTENCE APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii)
EVEN IF COMPANY IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN
QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF CUSTOMER'S
REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.. If applicable law limits the
application of the provisions of this Section 11, Company's liability will be
limited to the maximum extent permissible. For the avoidance of doubt, Company's
liability limits and other rights set forth in this Section11 apply likewise to
Company's Affiliates, licensors, suppliers, advertisers, agents, sponsors,
directors, officers, employees, consultants, and other representatives.
12. Term & Termination.
12.01 Term. The term of this Agreement (the "Term") begins on the effective
date agreed upon by the Parties and continues until the end of the Service
subscription in the Order.
12.02 Suspension & Termination for Cause. Company may suspend Customer's
access to the Service for Customer's breach of this Agreement, until such breach
is cured, or if in Company’s reasonable opinion, Customer has caused damage
(whether permanent or not) to the Service, including but not limited to the
corruption of data, files or code. Either party may terminate this Agreement for
the other's material breach of this Agreement on 30 days' written notice, unless
the other party cures such breach before the effective date of termination.
12.03 Effects of Termination. The following provisions will survive
termination or expiration of this Agreement:
(a) obligations of Customer to pay for Service; (b) Sections 4, 5, 7, 9, 10, 11,
12.04 and 13 of this Agreement; and (c) any other provision that must survive to
fulfill its essential purpose. Early termination, including without limitation
pursuant to Section 4.06 (Employment and Recruiting Agencies) or 13.7
(Assignment & Successors), does not require that Company refund any fees and
does not release Customer's obligation to pay fees already incurred.
12.04 Customer Data Following Expiration or Termination. After termination or
expiration of this Agreement, Customer will no longer have access to Customer’s
account(s) associated with the Agreement. Customer shall have 90 days in which
to either renew the Service subscription to retain Customer Data and TestMaker
Data or provide written instructions to Company to delete such data. Since the
Customer is the controller of Candidate and Customer Data, Customer shall
provide Criteria with written directions regarding the deletion of Candidate and
Customer Data, including Authorized User PII following expiration or termination
of this Agreement. If no written instructions are received from Customer, we
will anonymize or delete all such data from the Service in accordance with
Company’s storage and retention policies (90 days for Customer PII, except that
Authorized User PII will be deleted at one year), unless legally required to
retain it further.
13. Miscellaneous.
13.01 Notices. We may send notices pursuant to this Agreement to Customer's
email contacts provided by Customer, and such notices will be deemed received 24
hours after they are sent. Customer will send notices pursuant to this Agreement
by nationally recognized overnight courier to Company’s address as set forth
below or such other address as We may designate in writing.
To Criteria Corp: Chief Operating Officer, Criteria, 750 North San Vicente Blvd.
Suite 1500 East Tower, West Hollywood, CA 90069.
To Criteria AU: Chief Revenue Officer, Criteria Corp Australia Pty, Level 18,
333 Ann Street, Brisbane, QLD 4000 , with a copy to the Chief Operating Officer,
Criteria, 750 North San Vicente Blvd. Suite 1500 East Tower, West Hollywood, CA
90069.
13.02 Publicity. Notwithstanding any contrary provision of this Agreement, We
may include Customer's name and logo on our published customer lists, unless
Customer notifies Company in writing that it does not wish to be included.
13.03 Revision of Privacy Policy & AUP. We may revise the AUP or Privacy
Policy from time to time by posting a revised version on our website, provided
no such revisions will be effective during the then-current Term if it
materially reduces Customer's rights or increases its obligations. Customer's
continued use of the Service after such amendment becomes effective will confirm
Customer's consent thereto.
13.04 Independent Contractors. The Parties are independent contractors and
will so represent themselves in all regards. Neither party is the agent of the
other, and neither may bind the other in any way.
13.05 Injunctions. Each party agrees that breach of the provisions of Sections
4.02 (Content Rights), 4.09 (Technology Restrictions), or 5.02 (Nondisclosure)
above would cause the injured irreparable injury for which monetary relief would
not provide adequate compensation, and that in addition to any other remedies
available, the injured will be entitled to seek preliminary, temporary, and
permanent injunctive relief against such breach or threatened breach, without
the necessity of proving actual damages or posting bond or other security.
13.06 Force Majeure. To the extent caused by hurricane, earthquake, other
natural disaster or act of God, terrorism, war, labor unrest, general failure of
the Internet or of communications systems, or other forces beyond the performing
party's reasonable control (collectively, "Force Majeure"), no delay, failure,
or default, other than Customer's failure to make payments when due, will
constitute a breach of this Agreement. The time for performance shall be
extended for a period equal to the duration of the Force Majeure event. The
performing party shall use reasonable efforts to minimize the delays, to notify
the other party promptly, and to inform the other party of its plans to resume
performance.
13.07 Assignment & Successors. Neither party may assign or transfer this
Agreement or any of its rights or obligations under this Agreement, without the
other party’s prior written consent; provided however that a party may assign or
transfer this Agreement or such rights and obligations hereunder without such
consent to its parent, subsidiary or affiliate or to a third party acquiring
substantially all of its assets. Any attempted assignment or transfer without
such consent shall be null and void. Except as set forth in the preceding
sentence, this Agreement shall be binding upon and inure to the benefit of the
Parties' respective successors and assigns. We may suspend or terminate this
Agreement on 10 business days' notice in the event of an increase in Customer's
Employee-count resulting from an assignment, acquisition, merger, capital
injection, investment, or other factor that we reasonably consider not to
constitute typical growth.
13.08 Dispute Resolution. (a) This Agreement shall be governed solely by the
internal laws of the State of California without reference to any principle of
conflicts of law that would apply the substantive laws of another jurisdiction
to the Parties' rights or duties. The Parties consent to the personal and
exclusive jurisdiction of the federal and state courts of Los Angeles,
California. (b) To the extent permitted under the applicable law, the Parties
agree that each may bring claims against the other only in their individual
capacity and not as a plaintiff or class member in any purported class action or
representative action. Unless both Parties agree, no judge or arbitrator may
consolidate more than one person's (or entity's) claims or otherwise preside
over any form of a representative or class action proceeding.
13.09 Construction. This Agreement governs a single order for the Service and
not any renewal of such order or future order. Customer understands that renewal
orders and future orders will be subject to Company's then-current Terms and
Conditions of Use, which may not be identical to this version of the Terms and
Conditions of Use. Neither party will be deemed to have waived any of its rights
under this Agreement by lapse of time or by any statement or representation
other than in an explicit written waiver signed by such party. No waiver of a
breach of this Agreement will constitute a waiver of any prior or subsequent
breach of this Agreement. To the extent permitted by applicable law, the Parties
hereby waive any provision of law that would render any clause of this Agreement
invalid or otherwise unenforceable in any respect. In the event that a provision
of this Agreement is held to be invalid or otherwise unenforceable, such
provision will be interpreted to fulfill its intended purpose to the maximum
extent permitted by applicable law, and the remaining provisions of this
Agreement will continue in full force and effect. In the event of any conflict
between this Agreement and any Company policy posted online, including without
limitation the AUP or Privacy Policy (both as defined in Section 8), the terms
of this Agreement will govern. This Agreement sets forth the entire agreement of
the Parties and supersedes all prior or contemporaneous writings, negotiations,
and discussions with respect to the subject matter hereof. No terms referenced,
linked or pre-printed on any Customer document-including a purchase order,
proposal, or ordering document, will have any effect on the terms of this
Agreement and are hereby rejected, including where the Customer document is
signed by Company.
13.10 Amendment. Company may amend this Agreement from time to time by posting
an amended version at its website. If changes to this Agreement will materially
reduce Customer's rights or materially increase Customer's obligations, then
Company will provide Customer with advance written notice of such changes. All
such changes will be deemed accepted and become effective 30 days after
Company’s notice (the "Proposed Amendment Date") unless Customer first gives
Company written notice of rejection of the change. In the event of such
rejection: (a) this Agreement will continue under its original provisions; and
(b) Customer shall not use any new feature or functionality governed by the
proposed amended terms but not by the original terms of this Agreement.
Customer's continued use of the Service following the effective date of any
change will confirm Customer's consent thereto. This Agreement may not be
amended in any other way except through a written agreement by authorized
representatives of each party.
13.11 Export Laws. Each party will comply with the export laws and regulations
of the United States and other applicable jurisdictions in providing and using
the Service. Customer also represents that it is not named on any U.S.
government denied-party list, and will not make the Service available to any
Authorized User or entity that is located in a country that is subject to a U.S.
government embargo, or is listed on any U.S. government list of prohibited or
restricted parties.
Sales & Support
* USA: (877) 909-8378
* UK: 08000 148268
* sales@criteriacorp.com
* techsupport@criteriacorp.com
*
* AUS: 1300 137 937
* apac.sales@criteriacorp.com
* au.customersupport@criteriacorp.com
*
* Job candidate support, click here
Address
USA: 750 N. San Vicente Blvd.
Suite 1500 E. Tower
West Hollywood, CA 90069 AUS: Level 18, 333 Ann Street Brisbane, QLD 4000
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