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Terms of service
Last update: February 15, 2023 (previous version)
These updated Terms of Service are effective immediately for unregistered users
and users registering after February 15, 2023. For all other users, the updated
Terms of Service will become effective on March 15, 2023.
ABOUT OUR TERMS OF SERVICE
Welcome to the website and online services of Talent.com (“Talent.com”, “we”,
“us”, or “our”).
These are the Terms of Service (the “Terms of Service”) under which we make our
websites, our mobile applications and our other online products and services
(together, our “Website” or “Services”) available to you. These Terms of Service
include our Privacy Policy and Cookie Policy, which are incorporated herein by
reference and form part of a binding agreement between you and us (the
“Agreement”). Each time you use or access any of our Services, you do so by
accepting this Agreement. If you do not accept this Agreement or do not meet or
comply with the provisions set forth herein, then you should not use our
Services.
We reserve the right to change this Agreement (including the Privacy Policy and
Cookie Policy) at any time by notifying you as provided in this Agreement. Your
continued use of the Services after such notice constitutes your acceptance of
the revised Agreement. We also reserve the right, at any time and for any
reason, without liability or notice to you, to modify or discontinue all or a
part of our Services or charge, modify or waive any fees required to use the
Services.
If you are an individual looking for employment or employment information,
whether you are a registered user or not (“Job Seeker”), these Terms of Service
constitute an agreement between you and Talent.com Inc. If you are an individual
or a legal person looking for Job Seekers or looking to make employment
opportunities and information available to Job Seekers, on your behalf as an
employer or on behalf of others, including but not limited to, as an agency
(“Employers”), these Terms of Service constitute an agreement between you and
the following Talent.com entity:
 * Talent.com Inc., if you are located in Canada;
 * Talent.com USA Inc., if you are located in the United States;
 * Talent․com France SAS, if you are located in France;
 * Talent.com Brasil Pesquisa De Empregos LTDA, if you are located in Brazil;
 * Talent.com Europe Sàrl, if you are located in Switzerland or elsewhere in the
   world.

We offer our Services to Job Seekers and Employers (our “Users”, “you”, “your”).
If you wish to make use of our Services in any capacity other than of a Job
Seeker or Employer, you must have a prior written agreement with us before you
do so.
If you are using our Services as a Job Seeker, please review carefully Section A
– Terms of Service for Job Seeker and Section C – Terms of Service for all
Users. SECTION A.10 CONTAINS A MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION
WAIVER THAT APPLY TO ALL CLAIMS BY JOB SEEKERS BROUGHT AGAINST TALENT.COM IN THE
UNITED STATES. PLEASE READ THEM CAREFULLY.
If you are using the Services as an Employer, please review carefully Section B
– Terms of Service for Employers and Section C – Terms of Service for all Users.
A. TERMS OF SERVICE FOR JOB SEEKERS
Talent.com offers Job Seekers the ability to search for job opportunities in its
database using its job search engine (“Job Search”), to receive information
about job opportunities through emails or electronic messages when subscribing
to its job alert service (“Job Alerts”) and to find job related information,
such as salary data, income tax data and other relevant information about the
job market using a variety of tools. Job Seekers can also apply for jobs using
our Services. Some of these Services are only available for registered Users and
others are available to all Users, whether they have a Talent.com profile
account or not.
1. Creating a Job Seeker Profile Account
Talent.com offers multiple methods for creating a Talent profile account and
becoming a registered User of our Services (“Profile Account”).
A Profile Account will be automatically created for you when you sign up to our
Job Alerts service or when you apply to a job through our Website. If you no
longer want to have an active Profile Account with us, you may delete your
account in your settings.
You can manually create a Profile Account by providing your first name, last
name and a valid email address. The email you use must be one where we can reach
you. In the event we cannot correspond with you via this email address, your
submitted content may be rejected, and your account may be disabled. To complete
your registration, you may be required to enter a one-time 6-digit code sent via
the email address you provided and/or a password. Once your account is created,
you will be given access to your profile and other private areas of your
account. We will update your account with jobs you have applied to or
favourited.
You may also be able to create a Profile Account and subsequently access such
account through third-party websites including, but not limited to LinkedIn or
Google (“Social Media"). If you create and access your Profile Account using a
Social Media account, you agree that we may access, make available, and store
(if applicable) any information, data, text, messages, tags, and/or other
materials stored and made accessible in your account with such Social Media so
that it is available on and through Talent.com via your Profile Account.
Subject to the account privacy settings that you have set with such Social Media
account you use to access your Profile Account, personally identifiable
information that you post to that site may be displayed on Talent.com such as
name, last name, email address, phone number or location. Please note that your
relationship with your Social Media is governed solely by your agreement with
such Social Media and we disclaim any liability for personally identifiable
information that may be provided to us by a Social Media site in violation of
terms and conditions of services of the Social Media, of the privacy settings
that you have set with that Social Media or of the laws applicable to that
Social Media.
You are responsible for maintaining the confidentiality of your Profile Account.
You agree to notify us immediately if you suspect any unauthorized use of your
account or password. You are solely responsible for any and all use of your
Profile Account.
2. Searching for Jobs
The Talent.com Job Search tool, which is free to those Job Seekers searching for
employment opportunities ("Job Ads”), offers the ability to search through a
database of job opportunities using key words, both as a registered User and as
a non-registered User. These Job Ads are made available on our Website by
Employers using our Services or may be automatically indexed by us from external
third-party sources and may include links to third-party websites. Talent.com
has no obligation to include any Job Ads in its search results or other listings
and may exclude or remove any Job Ads from the Website for any or no reason.
Job Ads are User Content, meaning that they are created and provided by third
parties and not by Talent.com. Talent.com exercises no control over and assumes
no responsibility for any User Content generally and Job Ads specifically.
Please read over Section C.3 of our Terms of Service on User Content to find out
more.
As Talent.com has no obligation to screen any Job Ads or to verify the identity
of the Employer posting such Job Ads, we caution Job Seekers to verify the
validity of a Job Ad before taking any actions regarding their current
employment situations.
3. Making a Job Application
When you submit a job application in response to a Job Ad (“Job Application”),
you may do so as a registered User through your Profile Account, or as an
unregistered User. A Job Ad will prompt you to apply either directly on our
Website (“Apply on Talent.com”) or you will be re-directed to apply on the
third-party Employer’s site (“Apply on Company Website.”).
Once you submit a Job Application, whether you do so using the Apply on
Talent.com or the Apply on Company Website, your resume and other application
information you decide to submit will be shared with the Employer and/or entity
that posted the Job Ad, as long as any parameters selected by that entity are
met, if applicable. You should therefore ensure that the information you provide
is complete and accurate, and only contains information that you are comfortable
sharing. The Employer account holders receiving your Job Application agree to
comply with their obligations under these Terms of Service and applicable laws,
including data privacy laws, and should not use the information for purposes
other than hiring. However, once a Job Application is submitted, Talent.com
cannot guarantee that your Job Application will be held in confidence or
properly secured by the applicable recipient nor that the Job Application will
be received, reviewed or responded to by the Employer.
When you make a Job Application using the Apply on Company Website feature, you
are leaving our Website and entering into a third-party website. Talent.com has
no control over any conditions third parties might impose on such third-party
website and Talent.com is not responsible or liable for any such third party
content or for the availability of, or the materials located on, or through, any
external websites. Your use of all such external websites is at your own risk.
When you are entering into an agreement with such parties, you are giving them
your data and your rights, and their obligations are determined by their privacy
policy and terms of service. You will be notified on the site that these are
third party sites and services, and not Talent.com.
When you are making a Job Application using Apply on Talent.com, we collect and
process you application data, which may contain Personal Data. To see how we
handle your Personal Data when you make a Job Application using Apply on
Talent.com, we invite you to read our Privacy Policy.
Talent.com may use your application materials and location to send you
information and Job Alerts about Jobs Ads that may be of interest to you.
4. Subscribing to Job Alerts
We offer our Users a Job Alerts service where they can receive Job Ads that may
be of interest to them based on their profile, job search activity, saved jobs
and applied jobs. Our Job Alerts service is accessible via email, and, in
certain countries, via text messages (SMS) and WhatsApp.
In addition to manually subscribing to our Job Alerts service, either directly
on our Website or through our partners' websites, if you make a Job Application
and/or create a Profile Account, you may agree to receive email Job Alerts that
may be of interest to you. You can edit or change the type of Job Alerts you
want to receive by accessing the Job Alerts tab in your Profile Account. You may
unsubscribe to Job Alerts by (a) clicking on the unsubscribe link in your Job
Alert email, (b) by unsubscribing from Job Alerts in your Profile Account under
"My notifications", (c) by contacting our Customer Service department at
support@talent.com or (d) by closing your Profile Account. If you have
subscribed to SMS or WhatsApp Job Alerts service, you may also unsubscribe by
following the instructions in Section A.5. of our Terms of Service. Note that
while you can opt out of Job Alert and marketing messages, you cannot opt out of
service-related email communications, including those related to security, legal
notices, your account, or your use of our Services unless you deactivate your
account and stop using our Services.
5. Specific terms applicable to Job Alerts using SMS or WhatsApp
Depending on your country of residence, Talent.com may offer its Job Alert
service through text messages (SMS) and/or WhatsApp. If you subscribe to this
Service, you have to be the owner of the mobile phone entered or be authorized
to use this mobile phone to receive our messages. The number of messages you
receive may vary depending on the number of recent jobs matching your search,
the jobs you applied to, and if you sent us a message asking us for extra
support via text message. Your carrier may charge fees for you to receive
messages and may set limits to the number of messages you may receive, which are
solely governed by the agreement you have with your carrier. Talent.com is not
responsible for undelivered messages caused by any restriction linked to the
plan and mobile carrier you have. If you are receiving our Job Alerts via
WhatsApp, you acknowledge that your relationship with WhatsApp is governed
solely by your agreement with WhatsApp. We disclaim any liability for personally
identifiable information that may be provided to us by WhatsApp in violation of
the privacy settings that you have set with WhatsApp, of their terms and
conditions of services, or of the laws applicable to them. By agreeing to these
terms and/or subscribing to Job Alerts, you consent to receive recurring calls
and texts by or on behalf of Talent.com and our affiliates and marketing
partners for information and advertising purposes, including by automated
technology or recorded message, to the numbers(s) you provide. You understand
consent is not a condition of purchase, and that you can opt out of future
communications as described below.
If you want to stop receiving Job Alerts via SMS, you can do so by following the
instructions provided in Section A.4 of our Terms of Service or, if you are in
the US or Canada, you can stop receiving Job Alerts via SMS by texting STOP to
+1 (844) 794-9497 via your mobile device or, if you are in the UK, by clicking
on the unsubscribe link you received from Talent.com via your mobile device. If
you want to stop receiving Job Alerts via WhatsApp, you can also revoke your
consent at any time by replying "STOP" via WhatsApp.
6. Salary Tool, Tax Calculator and Other Information Provided by Talent.com
Depending on your country of residence, Talent.com may provide you with a
variety of tools giving you access to salary data (“Salary Tool”), income tax
data (“Tax Calculator”) and other career and job market information
(“Talentpedia”). Our Salary Tool, Tax Calculator and Talentpedia rely on data
submitted to Talent.com by third parties and such data may not be accurate or
reliable and is provided for informational purposes only. For example, our
Salary Tool uses approximations of salary figures based upon multiple third
party submissions. These figures are given to Users for the purpose of
generalized comparison only. Minimum wage may differ by jurisdiction, and you
should consult the Employer for actual salary figures related to a specific Job
Ad. Similarly, tax-related information provided through our Tax Calculator is
based upon multiple third-party submissions. You understand that Talent.com is
not giving any tax advice, suggestions or best-practices through your use of
these Services. You should consult a tax expert before making any career
decision based on the information we make available through our Tax Calculator.
Any use or reliance upon our Salary Tool, Tax Calculator and Talentpedia shall
be at your own risk.
Without limiting the generality of the foregoing or the provisions of Section
C.13 of our Terms of Service: (I) SALARY TOOL, TAX CALCULATOR AND TALENTPEDIA
ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS; (II) ANY USE OR RELIANCE UPON
ANY PORTION OF THE SALARY TOOL, TAX CALCULATOR AND TALENTPEDIA SHALL BE AT YOUR
OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND ANY THIRD PARTY
PROVIDERS OF DATA USED BY OUR SALARY TOOL, TAX CALCULATOR AND TALENTPEDIA HEREBY
EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE
OF THIS DATA AND SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF ACCURACY, COMPLETENESS, CORRECTNESS, QUALITY, OR FITNESS FOR A PARTICULAR
PURPOSE, AND (III) NEITHER WE NOR ANY THIRD PARTY PROVIDER OF THIS DATA AND
SERVICES SHALL BE LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY
USE BY YOU OF THE SALARY TOOL, TAX CALCULATOR AND TALENTPEDIA.
7. Governing law
Unless otherwise required by law, if you are contracting with Talent.com as a
Job Seeker, this Agreement and any dispute related to or arising out of or in
connection with this Agreement or related in any way to our Services, or our
relationship (“Dispute”) will be governed by and under the laws of the Province
of Québec and the laws of Canada applicable therein, without giving effect to
conflicts of law principles thereof.
8. Dispute resolution
Unless otherwise required by law or unless you are a Job Seeker located in the
United States (in which case the Arbitration Agreement set out in Section A.10
of this Agreement applies), any and all actions, lawsuits, or other legal
proceedings related to such Dispute shall be filed only in courts located in the
Province of Québec, Canada and you hereby consent to the exclusive personal
jurisdiction of the courts located in the Province of Québec, Canada. You also
hereby waive any right to a jury trial in connection with any action or
litigation in any way arising out of or related to your use of our Services or
these Terms of Service.
9. Class Action Waiver
By using our Service and in return for the Services offered by Talent.com, you
acknowledge that we can only offer you the Services under the terms and
conditions as presented herein. As partial consideration for your use of our
Services, you agree not to sue Talent.com as a class plaintiff or class
representative, join as a class member, or participate as an adverse party in
any way in a class-action lawsuit against Talent.com regarding your use of our
Services, where permitted. Additionally, as a Job Seeker, you acknowledge that
your use of our free Services on our Website is not purchased. Your acceptance
of this Agreement, including this Class Action Waiver, is an essential part of
this Agreement allowing your free use of our Services. If you do not agree to
any part of these terms, do not continue your use of our Services. Nothing in
this paragraph, however, limits your rights to bring a lawsuit as an individual
plaintiff, subject to Sections A.8 and A.10 of this Agreement.
10. Arbitration Agreement
This Section A.10, referred to as the "Agreement to Arbitrate", only applies if
you are a resident of the United States at the time you became bound to the
Agreement or thereafter. Unless you opt out pursuant to the opt out procedures
set forth below, you and Talent.com agree that to the fullest extent permitted
by applicable law, any Dispute will, at the election of either party, be
resolved by arbitration, including any dispute about arbitrability, such as
scope and enforceability. The right and obligation to arbitrate under this
Section extends to all Disputes, including those against or involving third
parties such as Talent.com or its affiliates’ officers, directors, employees,
agents, shareholders, members, partners, subsidiaries, joint venturers, or
contractors.
A party who intends to seek arbitration must first send a written notice of the
dispute to the other party (“Notice”), by certified first class mail or
overnight courier (signature required) or by electronic mail with return and
delivery receipts requested for both methods. Talent.com’s address for Notice
is: Talent.com Inc., 5800 St-Denis Street, Suite 604, Montreal, Québec, Canada,
H2S 3L5, Attention: Legal Department.
The Notice must (a) describe the nature and basis of the claim or dispute; and
(b) set forth the specific relief sought. We agree to use good faith efforts to
resolve the claim directly, but if we do not reach an agreement to do so within
30 days after the Notice is received, you or Talent.com may commence an
arbitration proceeding. During the arbitration, the amount of any settlement
offer made by you or Talent.com shall not be disclosed to the arbitrator until
after the arbitrator makes a final decision and award, if any.
Except as expressly provided herein, any arbitration will be conducted pursuant
to the applicable rules of the American Arbitration Association (“AAA”), or such
other alternative dispute resolution body and arbitration rules that may be
mutually agreed upon by you and Talent.com (the “Arbitration Rules”). Your
arbitration fees and your share of arbitrator compensation shall be governed by
such rules. Should the AAA be unavailable, unable, or unwilling to accept and
administer the arbitration of any claim under Agreement to Arbitrate as written,
the parties shall agree on a substitute arbitration organization, such as JAMS,
that will enforce the arbitration provisions as written. The parties will select
a single arbitrator, but in the event that the parties are unable to agree, the
arbitrator will be appointed pursuant to the Arbitration Rules. The arbitrator
will be a practicing attorney with significant expertise in litigating and/or
presiding over cases involving the substantive legal areas involved in the
dispute. The arbitration will be concluded within three months of the date the
arbitrator is appointed. More information about arbitration, including the
Arbitration Rules, is available at www.adr.org or by calling 1-800-778-7879.
Unless otherwise provided by the applicable arbitration rules, any arbitration
hearings will take place at a location to be agreed upon, provided that if the
claim is for $10,000 or less, including any potentially recoverable attorneys’
fees, you may choose whether the arbitration will be conducted (a) solely on the
basis of documents submitted to the arbitrator; or (b) through a non-appearance
based telephonic hearing. The arbitrator must follow applicable law, and any
award may be challenged if the arbitrator fails to do so. Except as otherwise
provided in this Agreement, you and Talent.com may litigate in court to compel
arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate
or enter judgment on the award entered by the arbitrator. All aspects of the
arbitration proceeding, and any ruling, decision or award by the arbitrator,
will be strictly confidential for the benefit of all parties.
YOU AND TALENT.COM AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN AN INDIVIDUAL,
NON-CLASS, AND NON-REPRESENTATIVE CAPACITY, AND THAT CLAIMS OF TWO OR MORE
PERSONS MAY NOT BE JOINED OR CONSOLIDATED ABSENT CONSENT OF ALL PARTIES. TO THE
FULLEST EXTENT PERMITTED BY LAW, YOU AND TALENT.COM HEREBY WAIVE THEIR
CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF
A JURY, EVEN FOR DISPUTES NOT SUBJECT TO ARBITRATION. You and Talent.com agree
that the following Disputes are not subject to the above provisions concerning
informal negotiations and binding arbitration and will instead be adjudicated by
the appropriate court of the state where you are located: (1) any Disputes
seeking to enforce or protect, or concerning the validity of, any of your or
Talent.com intellectual property rights; (2) any Dispute related to, or arising
from, allegations of theft, piracy or unauthorized use by you; and (3) any claim
or dispute for which applicable law (as determined by a binding court decision)
or the applicable arbitration rules do not permit arbitration and require
adjudication in a specific civil court.
You have the right to opt out and not be bound by the arbitration provisions set
forth in this Section A.10 by sending written notice of your decision to opt out
to Talent.com Inc., 5800 St-Denis Street, Suite 604, Montreal, Québec, Canada,
H2S 3L5, Attention: Legal Department or to Talent.com Inc., c/o Kabat Chapman &
Ozmer LLP, 171 17th Street NW, Suite 1550, Atlanta GA 30363. The written notice
must include: (1) name; (2) address; (3) phone number; and (4) a clear statement
that you wish to opt out of this Agreement to Arbitrate. The notice must be sent
to Talent.com within thirty (30) days of you registering to use the Services or
agreeing to these Terms of Service, whichever occurs first, otherwise you shall
be bound to arbitrate disputes in accordance with the terms of Section A.10. If
you opt out of these arbitration provisions, we also will not be bound by them.
Please note that you will continue to be bound by any older arbitration
provision that you did not out opt of and any arbitration provision that
otherwise governs the Disputes.
Unless prohibited by applicable law or the Arbitration Rules, the substantially
prevailing party in any Dispute between the parties may recover their reasonable
costs and fees incurred in connection with such matter, including reasonable
attorneys’ fees
If any provision of this Agreement to Arbitrate is found unenforceable, the
unenforceable provision shall be severed, and the remaining arbitration terms
shall be enforced, except that if the class action waiver above is found
unenforceable, the entire Agreement to Arbitrate is void, other than the jury
waiver provision.
B. ADDITIONAL TERMS APPLICABLE TO EMPLOYERS
Talent.com offers Employers the ability to manage and maximize the efficiency of
their recruitment campaigns by allowing them to (i) post and/or distribute Job
Ads (ii) manage the parameters of recruitment campaigns and analyse their
efficiency through our employer dashboard and (iii) receive, view and manage Job
Applications. As an Employer, you can use our Services on your behalf as a
direct employer or on behalf of others including but not limited to, as an
agency.
1. Creating an Employer Account
To access some of our online Services available to Employers, including our tool
to create and post your Job Ads directly on our Website and our online dashboard
to manage your recruitment campaigns, you must create an Employer account
(“Employer Account”) where you will be required to provide your name, your last
name, a valid email address, phone number, company name, postal address, number
of employees, and a password. You are responsible for maintaining the
confidentiality of your account information. You agree to notify us immediately
if you suspect any unauthorized use of your Employer Account or access to your
password.
As an Employer, your account is for business use and not for personal use. You
are solely responsible for all activity, acts or omissions of any person or
entity that has access or use of your account (your “Authorized Users”). You may
modify user permissions at any time in your settings. Additionally, you agree
that: (i) you will not share login credentials and account information with
third parties; (ii) you will not sell or sublicense access to your account or
the Services; (iii) you will not charge, or receive payment, in cash or in kind,
from any individual or entity for use of, or access to, any portion of the
Services; (iv) you will ensure that Authorized Users comply with this Agreement
and any other Terms of Service or other agreement that you have with Talent.com;
(v) you will immediately notify Talent.com of any suspected or alleged violation
of this Agreement and cooperate with Talent.com with any investigation. You
further agree to indemnify and hold harmless Talent.com from any allegations,
claims, actions, suits, demands, damages, liabilities, obligations, losses,
settlements, judgments, costs and expenses (including without limitation
attorneys’ fees and costs) that result from the authorized or unauthorized
access to your account, and any authorized or unauthorized purchases made under
your account.
2. Posting and Distributing Job Ads
Talent.com will post and distribute your Job Ads and other recruitment-related
data or information that you or your Authorized Users provide to us, throughout
our distribution channels, including on our Website and mobile applications,
through our Job Alerts service to Job Seekers and through our network of
third-party publishing partners (our “Distribution Channels”). In addition to
your Job Ads, you may provide other recruitment-related data or information,
including, without limitation, screening requirements, screening questions,
screening criteria, company information, links, logos and trademarks and any
other data and information submitted by you and your Authorized Users to the
Service (the “Employer User Content”). Your Employer User Content may be
provided to Talent.com for posting and distribution on our Distribution Channels
either using our job posting Services or via different transmission methods, as
agreed to with Talent.com, including XML feed, API or by allowing Talent.com to
index the User Content that is present on another website or service you own or
control to retrieve such User Content for use on the Services. If you use
Talent.com's API you agree to comply with our API documentation.
By submitting Job Ads to Talent.com, including using a paid feature of our
Services, you agree that Talent.com is under no obligation to accept, publish,
or distribute your Job Ads or other Employer User Content, including if they do
not comply with this Agreement. Talent.com may, under its sole discretion,
require Employer User Content and/or Employers to be verified to prevent fraud
or abuse of our Services, to improve our Services, or for any other reason.
You agree that Talent.com may solely determine which Job Ads will be distributed
to which Distribution Channels. However, you acknowledge and accept that we have
no control over the Distribution Channels or communication networks, and
therefore we provide no guarantee that your Job Ads will be accepted by an
entity in the Distribution Channels or be received, read and/or responded to by
a Job Seeker. You accept that entities in the Distribution Channels have no
obligation to use or display a Job Ad and may reject a Job Ad for any reason or
no reason. You agree that Talent.com is not liable to you or any third party if
your Job Ad is rejected or not posted, and you will not be entitled to any
refund for Job Ad not posted or distributed. By submitting a Job Ad, you give us
permission to distribute that Job Ad and any other Employer User Content in the
Distribution Channels.
Talent.com does not guarantee any responses or any number of responses to your
Job Ad, nor does it guarantee any number of views, clicks, or applications, or
that any responses to your Job Ad will be from individuals suitable for the job
vacancy you advertised. We do not verify the identity of any Job Seekers who
respond to your Job Ad and thus make no guarantee as to the quality of
candidates that you will receive as a result of your Job Ad. You are solely
responsible for interviewing, performing background and reference checks on,
verifying the information provided by Job Seekers, and for selecting an
appropriate candidate. Talent.com also assumes no responsibility for the
communications between you and any Job Seeker.
3. Job Posting Rules
As an Employer, you are responsible for the Employer User Content you provide to
Talent.com for posting and distribution, whether you provide such content on
your behalf or the behalf of a third party.
In addition, by using our Services, you agree to the following Job Posting
Rules, which prohibit Employer User Content that does any of the following:
 * Contains or links to content, that does not comply with the applicable laws
   or regulations of the state and country where the job is to be performed,
   including laws relating to labor and employment, equal employment opportunity
   and employment eligibility requirements, data privacy, data access and use
   and intellectual property;
 * Does not include job salary or job benefit information as required by
   applicable pay transparency laws or regulations;
 * Sells, promotes, or advertises products or services;
 * Requires the applicant to provide sensitive personal information including
   but not limited to information related to their (a) racial or ethnic origin,
   (b) political beliefs, (c) religious beliefs, (d) membership of a trade
   union, (e) physical or mental health, (f) genetic and biometric data (f)
   sexual orientation and sex life, (g) age;
 * Requires citizenship or lawful permanent residence in a country, unless that
   is required in order to comply with law, regulation, or a federal, state or
   local government contract;
 * Requires the applicant to provide confidential information including but not
   limited to information on (a) bank account or credit card information, (b)
   online account information, (c) social security numbers (or equivalent
   information) or (d) other information that is not necessary for the job
   application;
 * Discriminates against applicants based on gender identity or expression, sex,
   pregnancy, race, colour, religion, sexual orientation, age (except as
   provided by law), civil status, political convictions, language, ethnic or
   national origin, social condition, handicap or the use of any means to
   palliate a handicap, location, or any other ground(s) prohibited by
   applicable law, in each case as determined in Talent.com 's discretion.
 * Contains links to any site competitive with Talent.com other than to an
   actual job posting;
 * Contains false information or solicits employees by intentional
   misrepresentation, such as, misrepresentation of the terms of employment, the
   hiring entity, or the identity of the entity posting the Job Ad;
 * Does not contain the employer name or the authorized third party posting on
   behalf of the employer;
 * Requires applicants to pay to apply, pay for training, pay for training
   materials;
 * Involves any franchise programs, unless pre-approved by Talent.com;
 * Involves pyramid schemes, "club membership", distributorship, or multi-level
   marketing opportunity or requires recruitment of other members,
   sub-distributors or sub-agents;
 * Only pays commissions (except where the listing makes clear that the
   available job pays commission only and clearly describes the product or
   service that the job seeker would be selling);
 * Advertises an arrangement that is not a real and current employment
   opportunity, including, without limitation, unpaid internships, or any other
   unpaid roles, punctual help accomplishing a task, casting calls, auditions
   for modeling or acting, survey collections, opinion participants, focus
   groups, product or service sponsorships/ambassadors etc. ;
 * Aims at collecting candidates profiles without the intent of filling a real
   and current job opening;
 * Involves any screening requirement where such screening requirement is not an
   actual and legal requirement of the advertised position;
 * Contains any logo or brands, or link to website, other than your own or those
   of any entity for which you are authorized to submit Job Ads;
 * Contains multiple different job openings in a single Job Ad;
 * Contains generic, misleading, or deceptive, defamatory, obscene, threatening,
   or offensive information, as determined in Talent.com’s discretion;
 * Requires the Job Seeker to apply outside of the Website, unless re-directed
   from the Talent.com Website.

You further acknowledge that you are responsible for offering alternative
methods of screening, if so required by law. While Talent.com deploys efforts to
design and develop accessible offerings, it does not warrant that the method of
delivery of these Job Ads including screening questions is compliant with
applicable law, including without limitation the Americans with Disabilities Act
and any equivalent or similar applicable law.
You agree that Talent.com may, at its sole discretion, remove, prevent the
posting, or take any action we deem necessary regarding Employer User Content
which in the sole judgement of Talent.com, violates or may violate our Terms of
Service, applicable laws, rules, regulations, or third-party terms as we may
deem appropriate. We may also disclose your identity or other information about
you to any third party who claims that Employer User Content violates their
rights, including their intellectual property rights or their right to privacy.
We may also take legal action, including without limitation, referral to law
enforcement, for any illegal or unauthorized use of the Website or the Services.
Without limiting the foregoing, we have the right to cooperate fully with any
law enforcement authorities or court order requesting or directing us to
disclose the identity or other information of anyone posting any materials on or
through the Website. 
No reimbursement will be issued for pre-paid services if we decide to remove
your Employer User Content. We reserve the right to modify your Job Ad to
optimize the listing as we deem appropriate, without notifying you, including by
editing the job title and correcting the job location. You agree that we may
take any and all actions to identify and reduce spam applications. You
understand and agree that you are solely responsible for any liability arising
out of the publication of Job Ads or materials to which users can access through
such Job Ads.
4. Job Application
Job Seekers who wish to apply for your Job Ads may only do so by applying
directly on our Website (“Apply on Talent.com”) or when re-directed to apply on
your company’s website (“Apply on Company Site”).
Talent.com may make available functions that allow you to monitor and manage job
applications, such as viewing and downloading a resume, candidate ranking, and
hiring process monitoring. Talent.com may inform Job Seekers that you have taken
an action with respect to a Job Application. You further agree that Talent.com
is not responsible for maintaining or storing such application materials on your
behalf. Talent.com may also make available data and analytics as part of our
Services for informational purposes only, and disclaims any responsibility or
liability for their accuracy, completeness or reliability, including but not
limited to, data such as clicks and conversion rates.
5. Data Protection
By using our Services as an Employer, you agree to comply with applicable
communication, privacy and data protection laws and regulations as they relate
to your operations and the residency of the Job Seekers interacting with you in
the context of our Services. More specifically, you represent and agree that
that: (i) you will use the Personal Data of Job Seekers contained within any Job
Application or otherwise obtained or accessed by you through the Services (the
“Data”), in accordance with applicable communication, privacy and data
protection laws and only for legitimate employment purposes; (ii) you shall not
further disclose any such Data to a third party, unless you are an authorized
third-party acting on behalf of a client, and you are accessing the Data to
source candidates on behalf of your clients for legitimate employment purposes;
(iii) you will implement appropriate physical, technical, and administrative
measures to protect the Data from loss, misuse, unauthorized access, disclosure,
alteration or destruction, and you will notify Talent.com immediately in the
event of any suspected or actual unauthorized access or disclosure of such Data;
(iv) you will not use the contact information from Job Applications to send
unsolicited mail, emails, phone calls, text messages, or faxes regarding
promotions and/or advertising of your or a third party’s products or services,
or to contact or source job seekers for career fairs and business opportunities;
and (vi) you will respect the privacy choices of Job Seekers.
For the purposes of this Agreement, “Personal Data” means any information or
pieces of information that could identify an individual either directly (e.g. a
name) or indirectly (e.g. through pseudonymized data, such as a unique ID
number). This means that Personal Data includes things like email/home
addresses, usernames, profile pictures, personal preferences, financial
information, as well as unique numerical identifiers like a computer’s IP
address.
Talent.com makes no representations or warranties regarding any content provided
or generated by third parties, including, without limitation, Job Applications.
You accept that Talent.com acts as a passive conduit for receipt of Job
Applications and has no obligation to screen such information, verify the
identity of the person submitting the Job Application, or verify the accuracy of
the data or content contained in the Job Application. We do not guarantee any
response or the number of responses to your Job Ads or that any responses will
be from individuals suitable for the job vacancy you advertised. It is your
responsibility to carry out such checks and procedures as are necessary to
ensure that individuals who respond to your Job Ads have the required
qualifications to meet your requirements.
In addition, you agree to indemnify, hold harmless, and defend Talent.com at
your own expense against all costs, claims, damages or expenses incurred by
Talent.com for which we may become liable due to any failure by you or your
personnel or agents to comply with any of your obligations under this Section
and applicable data protection and privacy laws and regulations.
In some instances, you may be able to use Talent.com’s tools for the purpose of
measuring the performance of your Job Ads, including for instance, Talent.com’s
conversion pixels or server to server integration. These tools are provided as a
courtesy, and we may disable them at any time. You are solely responsible for
your use of the pixels on your website, and Talent.com disclaims all liability
related to such use and provides no warranty regarding the proper functioning of
the pixel, any numbers reported, or that use of the pixels would be error free.
You are advised not to rely on the pixel. Any such tracking pixel, or analytics
generated thereby, shall not be used to dispute or challenge our click count,
which is binding. You agree not to use the information collected using tracking
pixels for any purpose other than for measuring the performance of your Job Ads.
For example, you may not use the pixel to profile users or for behavioral
analytics. To the extent you decide to use such pixels, you agree to be in
compliance with all applicable laws, including, but not limited to, privacy and
data protection laws and, among other things, update your privacy and cookie
policy to describe the use of such pixels and to seek consent for the use of the
pixel from users when they enter your website. You agree to defend and indemnify
Talent.com from any claim arising from your use of such pixel.
6. Partner Platforms
If you access or use Talent.com Services through a third-party platform, such
as, without limitation, third-party platforms applicable to Talent.com’s
resellers, applicant tracking system partners, job advertising partners, or
other strategic partners (each, a “Partner Platform”), you understand and agree
that you will only post Job Ads in connection with hiring employees for your own
organization, and you agree to abide by our Terms of Service. Talent.com
reserves the right, as determined in Talent.com’s sole discretion, to reject or
disable your use, or any portion of your use, of the Talent.com Services through
a Partner Platform if you post a Job Advertisement in connection with hiring an
employee for an organization other than yours.
7. Paid Services for Employers
EXCEPT AS OTHERWISE PROVIDED IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND
TALENT.COM, THE FOLLOWING TERMS WILL APPLY TO CLIENTS USING PAID SERVICES.
7.1 Paid Services
If you are using a paid feature of our Services, you agree to the pricing and
payment terms for the applicable Services as set forth below and as outlined on
our Website, and you acknowledge that Talent.com may update and modify them from
time to time.
Talent.com may charge you in different ways depending on the service provided,
including based on “clicks”, defined in this Agreement as a user action that
results in a job description being displayed to the Job Seeker. This includes
clicks for Job Ads on our Website as well as other websites in the Distribution
Channels. Talent.com’s determination of such impression count shall be binding,
even in cases where this number encompasses measurements provided by a
third-party. Talent.com disclaims warranty with respect to measurements provided
by third-party vendors. Talent.com and its affiliates, and its and their
third-party licensors, disclaim all guarantees regarding accuracy, or the levels
or timing of costs per clicks, the delivery of any job applications, or the
interest level of any users who apply to or view your Job Ads. Click prices may
vary based on a variety of factors, including without limitation the current
supply and demand pertaining to advertisements and clicks, the sources and
volume of traffic, time of day, and other factors. You acknowledge that
Talent.com has limited knowledge and control regarding how clicks are measured
on other websites and must rely in part on reports generated by other websites.
When we provide a free credit for our job posting Services, you may have to
provide valid payment and billing information. Your method of payment will not
be charged until you have reached your maximum amount of free credit.
7.2 Credit Card, Debit Card and other Payment Method
In the event that you pay for any Services using a credit card or debit card,
you authorize Talent.com to charge your credit or debit card (or other
acceptable payment method that you have chosen from those offered) ("Payment
Method"), for the applicable fees for the duration of the applicable term of
your selected paid Services, together with any applicable sales, use, excise,
goods and services tax, consumption or other similar tax applicable to the
Services. You may change or update your payment method at any time in your
settings. Any payments made by credit card are subject to the approval of our
financial partner. A fee may be applicable at the time of the credit card
verification, which will be automatically refunded by Talent.com once the
validation has been made.
You represent that you are authorized to use the Payment Method on your
company’s behalf, and you agree to accept an electronic record of a receipt. You
may get a copy of your invoice through your Talent account settings. If at any
time your Payment Method will not accept the charge for fees due, you agree that
Talent.com may retry the Payment Method until it accepts the charges and/or
suspend or terminate your access to the applicable Services, including those of
which you do not have an outstanding balance, and that you will continue to
remain liable for the full payment for such Services even after your access to
the Services has been terminated or suspended.
By providing any Payment Method, you agree that applicable credit card, debit
card and billing information may be shared with third parties such as payment
processors and credit agencies, and/or collection agencies for the purposes of
checking your credit, effecting payment, collecting payments and late fees if
applicable, and for providing the applicable Services to you or in order to
enforce our agreement with you. You agree that Talent.com may obtain updated
payment information for credit and debit cards through payment card networks,
card issuers or other third party sources. You further agree that Talent.com may
use the updated card information to charge amounts you owe us. We may also share
this information with law enforcement authorities and in response to subpoenas,
court orders, and search warrants.
7.3 Payment Terms
If you elect to use a paid Service where payment is processed through the
Website, you agree that your Payment Method on file with us will automatically
be charged in accordance with the billing cycle stipulated on the Website for
the Services you purchased. If your Payment Method will not accept the charges
for the payment when due, Talent.com will attempt to process your Payment Method
on the following day until payment is made.
If you elect to use a paid Service where payment is not processed through the
Website, you agree to pay any outstanding invoices within thirty (30) days of
the invoice date.
Delinquent payments may bear interest at the rate of one-and-one-half percent
per month (eighteen percent per annum) or the highest rate permitted by law, if
less, from the payment due date until paid in full. You will be responsible for
all reasonable expenses (including legal fees and expenses) incurred by
Talent.com in collecting delinquent amounts.
In addition, if you are late in payment of any fees, we reserve the right to
either (i) immediately suspend or terminate your access to the applicable
Services without notice, and in the event of any such suspension or termination,
you will remain responsible for the entire amount of fees owing for such
Services; or (ii) bill your credit/debit card on file with us, as the case may
be, under this or any other agreement.
If you reasonably dispute any portion of an invoice, you must pay the undisputed
portion of the invoice and submit written notice of your dispute (with
sufficient detail of the nature of the dispute, the amount and invoices in
dispute and information necessary to identify the affected Service(s)) for the
disputed amount. All disputes must be submitted to Talent.com in writing within
thirty (30) days from the date of the invoice with respect to which you have a
dispute. You waive the right to dispute any charges not disputed within such
thirty (30) day period. In the event that the dispute is resolved against you,
you shall pay such amounts plus interest at the rate referenced above.
Our paid Services may be taxable, in which case Talent.com will charge you, in
addition to our Service fees, any applicable sales, use, excise, goods and
services tax, consumption or other similar tax applicable to the Services. The
currency in which we bill you and the applicable taxes that may be charged on
our Services are determined by which Talent.com entity you contract with and
your country of residence.
7.4 Cancellation
You may pause or cancel your use of our Services at any time by going online and
(a) pausing or deleting your Job Ad or recruitment campaign or (b) deleting your
account, or by giving written notice to your Talent.com account representative.
You understand that by pausing or cancelling our Services, you will remain
liable to pay Talent.com the entire fees due for the Services delivered prior to
the pause or cancellation becoming effective. Pausing or cancelling our Services
generally takes effect within 24 hours, or a longer delay if otherwise specified
in a separate agreement between you and Talent.com. You acknowledge that after
pausing our Services, you will continue to have access to your account and may
reactivate our Services at any time in your settings. You can delete your
account at any time in your account settings. You acknowledge that you may not
delete your account if you have any outstanding invoices. By deleting your
account, any data, content, and features associated with the account such as job
postings will be removed, and you will no longer be able to access it.
7.5 No Refunds
You understand and accept that, to the fullest extent available under applicable
law, you will not receive a refund of any pre-paid fees if you cancel,
terminate, or decide to no longer use a paid Service, prior to the expiration of
those services. In the event that Talent.com suspends, limits, conditions, or
terminates your access to the Services and/or your account due to your breach of
this Agreement or any other agreement that you have with Talent.com, you
understand and accept that you will not receive a refund for any unused time
with respect to fees that you have pre-paid for a product or service, and to the
extent that you have not paid the applicable fees, you will remain liable to pay
Talent.com the entire fees due for the product or service, as applicable.
8. Governing Law
Unless otherwise required by law, if you are contracting with Talent.com as an
Employer, this Agreement and any dispute arising out of or in connection
therewith or related in any way to your use of our Services or this Agreement
(“Dispute”) shall be governed by the laws of the Province of Québec and the laws
of Canada applicable therein, if you are located in Canada; the laws of the
Federative Republic of Brazil, if you are located in Brazil; the laws of the
State of Illinois if you are located in the United States; the laws of the
French Republic if you are located in France; the laws of the Swiss
Confederation if you are located in Switzerland; the laws of England and Wales
if you are located in the United Kingdom or elsewhere in the world, without
giving effect to the conflicts of law principles thereof.
9. Dispute Resolution
Any and all actions, lawsuits, or other legal proceedings related to such
Dispute shall be filed only in courts located in the following cities and each
parties hereby consent to the exclusive personal jurisdiction of such courts:
Montreal, Province of Québec, if you are located in Canada; São Paulo, State of
São Paulo, Brazil if you are located in Brazil; Chicago, State of Illinois,
U.S.A., if you are located in the United States; Paris, France, if you are
located in France; Lausanne, Switzerland, if you are located in Switzerland;
London, England, if you are located in the United Kingdom or elsewhere in the
world.
You also hereby waive any right to a jury trial in connection with any action or
litigation in any way arising out of or related to your use of our Services or
these Terms of Service.
10. Class Action Waiver
By using our Services, you acknowledge that Talent.com can only offer you these
Services under the terms and conditions as presented herein. As partial
consideration for your use of our Services, you agree not to sue Talent.com as a
class plaintiff or class representative, join as a class member or participate
as an adverse party in any way in a class-action lawsuit against Talent.com
regarding your use of our Services, where permitted. If you do not agree to any
part of these terms, do not continue your use of our Services. Nothing in this
paragraph, however, limits your rights to bring a lawsuit as an individual
plaintiff, including in small claims court, subject to Section B.9 above.
11. Indemnification
To the maximum extent permitted by applicable law, you agree to defend,
indemnify and hold harmless Talent.com and its subsidiaries, and their
respective directors, officers, board members, employees, agents, successors and
assigns, from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt and expenses (including but not limited to all legal
fees and expenses) arising from: (a) your violation of any term of this
Agreement; (b) your use of, and access to, our Services; (c) your loss of, or
disclosure of, information gained from using our Service; (d) your violation of
any applicable laws or regulations, including but not limited to any consumer
protection laws, any employment, pay transparency, equality, or discrimination
laws, any data protection or privacy laws and anti-spam, email marketing, or
telemarketing laws (including any email, phone call or text message you send or
make to another User); (e) your violation of any third party right, including
without limitation any copyright, property, or privacy right; (f) any claim that
your User Content caused damage to a third party; (g) your actions as an
Employer, including without limitation doing or not doing the following:
screening, hiring, promoting, or demoting any employee or Job Seeker; or (h) the
activities of any third-party service providers you engage to assist you with
activities related to your use of our Services, such as, but not limited to:
facilitate your sourcing activities or track the conversion rates of job seeker
through to job applicant; (i) any other party's access and use of the Services
with your account or login information; and/or (j) your intentional or willful
misconduct, or negligence. This defense and indemnification obligation will
survive this Agreement and your use of the Services.
C. TERMS OF SERVICE FOR ALL USERS
1. Eligibility
You may agree to these Terms of Service only if you have reached the age of
eighteen (18) years old or the legal age in your jurisdiction to form binding
contracts under applicable law. If you are under the legal age to form contracts
in your jurisdiction but are permitted to work in the jurisdiction in which you
reside, you may still use our Services but your parent, or guardian must agree
to these Terms of Service on your behalf. Parents and guardians are responsible
for the acts of children under the age of majority when using our Services. AS
FAR AS IS PERMITTED BY APPLICABLE LAW, WE DECLINE ANY RESPONSIBILITY REGARDING
ANY ACTIVITIES WHICH MAY BE CONDUCTED BY MINORS WITHOUT THE PERMISSION OF THEIR
PARENTS OR LEGAL GUARDIANS. IF YOU ARE A PARENT OR LEGAL GUARDIAN AND YOU GIVE
YOUR PERMISSION FOR YOUR CHILD TO REGISTER FOR ONE OR ALL OF OUR SERVICES, YOU
THEREBY AGREE TO THE TERMS RELATING TO USE OF SUCH SERVICES BY YOUR CHILD.
2. User Account and Communication
If you are a registered User to our Services, you agree to provide accurate,
current, and complete information about yourself in the registration process,
and to be responsible for keeping your login information confidential.
You are solely responsible for the activity that occurs under your account. You
are responsible for any password misuse or any unauthorized access, even if you
notify us of this breach of security. We reserve the right at any time to
disable or terminate your account, username, password, or other identifier, at
our sole discretion for any reason, including due to any violation of a Term of
Service provision.
By providing Talent.com your email address, when registering as a User to our
Services or otherwise, you consent to us using your email address to send you
service-related communication. We may also use your email address to send you
other messages, such as changes to features of the Service and special offers,
to the extent you have opted-in to receive such communications or if otherwise
permitted by the laws of the jurisdiction where you reside. If you do not want
to receive marketing communications from us, you may opt out or change your
preferences in your Profile Account, if you are a Job Seeker or in your Employer
Account, if you are an Employer, or by following the opt out and/or unsubscribe
instructions in the email message, or by requesting to be opted-out by emailing
our Customer Service department at support@talent.com. Please note, that while
you can opt out of marketing messages, you cannot opt out of service-related
communications, including those related to security, legal notices, your
account, your use of our Services, billing, and other transactional purposes
unless you deactivate your account and stop using our Services.
3. User Content
Our Services allow Users to post User-generated content including, but not
limited to, Job Ads, Employer information, images, logos, trademarks, screening
questions, Job Seeker's application information, resumes/CVs, answers to
screening questions, comments and other materials ("User Content").
Talent.com acts as a passive conduit for the distribution, provision, and
publication of User Content, and (a) exercises no control and assumes no
responsibility for the substance of any User Content; (b) does not endorse, any
such User Content, including advertising and information about third-party
services, Job Ads, salary-related and other information provided by other Users;
(c) makes no guarantees about the accuracy, currency, suitability, reliability
or quality of the information in such User Content; and (d) assumes no
responsibility for unintended, objectionable, inaccurate, misleading, or
unlawful User Content made available by Job Seekers, Employers and third
parties. You agree that reliance on any User Content is at your own risk.
Although Talent.com has no obligation to screen User Content, we may monitor
User Content and we reserve the right to delete without notice any User Content
or portion thereof that we deem, in our sole discretion (a) violates our Terms
of Service, (b) violates any law or regulation, (c) violates the rights of third
parties or (d) creates liability for Talent.com or otherwise negatively impact
Talent.com. You also acknowledge that Talent.com may suspend and/or terminate
any user account profile connected with such User Content.
In accordance with applicable laws, regulations or judicial decisions which are
intended to exclude or limit the liability of online service providers who
provide access to user-generated content, we generally cannot be held liable for
claims arising from the User Content provided by third parties on Talent.com.
The decision by Talent.com to remove or to not post or distribute any User
Content, does not by itself amount to participation in the creation of such User
Content and, accordingly, does not constitute a waiver of the immunity afforded
by such applicable laws, regulations or judicial decisions, including Section
230 of the U.S. Communications Decency Act or any other similar applicable laws.
Talent.com may disclose User Content to Job Seekers and Employers and, in
certain circumstances, to third parties, for purposes of providing our Services
or enforcing our Terms of Service, or to protect ourselves, our affiliates, our
partners, and our visitors or to comply with legal obligations or governmental
requests. This means, for example, that Talent.com may honour subpoenas, search
warrants, law enforcement or court-mandated requests to reveal the source of
User Content or delete User Content or provide other properly requested
information.
If you believe that any User Content violates our Terms of Service, please
contact our Customer Service department at support@talent.com so that we may
have the opportunity to consider its removal.
4. License grant on User Content
By posting, submitting, providing and/or otherwise making available to us any
User Content, including for the purpose of sharing your information with Job
Seekers or Employers, you expressly grant and represent that you have a right to
grant Talent.com a royalty-free, sublicensable, perpetual, transferable,
non-exclusive, worldwide license to use, sell, reproduce, adapt, translate,
sublicense, publicly display, and make derivative works from and otherwise
exploit, all such User Content in whole or in part, and in any form, media or
technology, whether now known or hereafter developed, for the purposes of
posting such User Content on the platforms on which we provide the Services,
including without limitation on the Talent.com Websites and mobile applications,
distributing such User Content through Distribution Channels, on social media
sites and in job alerts to job seekers, to promote Talent.com and the Services,
and to share or otherwise use such User Content and additional information as is
reasonably required to fulfil the Services we provide to you. You agree to pay
for all royalties, fees, damages, and any other monies owed to any person or
entity by reason of such User Content. You agree to defend, indemnify and hold
harmless Talent.com and its affiliates from any claims resulting from any such
User Content.
If you are an Employer, you acknowledge and agree that Talent.com has no
obligation, and may be unable, to remove your Job Ads and other User Content
(including any logos and/or trademarks contained therein) once they have been
(i) distributed via our Distribution Channels (ii) listed in search engine
results, or (iii) distributed on websites and in job alert emails or job alert
texts, and in each case above, the license grant from you will be perpetual and
irrevocable for such uses.
To the extent your User Content is a trademark, trade name, service mark or
service name protected by law, the foregoing license also extends to the use by
Talent.com to identify you as a User of the Services in any promotional and
marketing materials to promote Talent.com and the Services. Further, to the
extent you have given Talent.com the right to access certain User Content that
is present on another website or service you own or control, you give Talent.com
the right to scrape such website as required to retrieve such User Content for
use on the Services as contemplated in the license grants above.
You acknowledge that Talent.com is under no obligation to provide compensation
in any form to you in exercise of its rights under the license granted in this
Section.
You represent and warrant that you have the rights, power and authority
necessary to grant the rights described in this Section to User Content that you
submit, provide, make available or post, via the Services; that the use by
Talent.com of your User Content will not violate any law or infringe the rights
of any third party; and that your User Content and any other information that
you provide to us is legal, complete, legitimate, truthful and accurate.
5. Prohibited use of our Services
You agree that you will use our Services solely for lawful purposes in a manner
consistent with these Terms of Service and all applicable laws, regulations, or
other legally enforceable obligations you may have towards us and any third
parties. You understand that you might expose yourself to liability if your User
Content or other use of our Services violates applicable law or any third-party
right.
You agree not to engage in any of the following prohibited activities:
 * duplicating, reproducing, distributing, or disclosing any part of the
   Services in any medium, including without limitation by any automated or
   non-automated "scraping" for any purpose; 
 * using any automated system, including without limitation "robots," "spiders,"
   "offline readers," etc., to access the Services in a manner that sends more
   request messages to Talent.com servers than a human can reasonably produce in
   the same period of time by using a conventional online web browser
 * generating or facilitating unsolicited commercial emails, including but not
   limited to those that violate applicable anti-spam laws;
 * attempting to interfere with, bypass, compromise the system integrity or
   security or decipher any transmissions to or from the servers running the
   Services;
 * taking any action that imposes, or may impose, as determined in our sole
   discretion, an unreasonable or disproportionately large load on our
   infrastructure;
 * uploading or transmit any invalid data or harmful code such as viruses,
   worms, or other software agents through the Services;
 * collecting or harvesting any personally identifiable information from the
   Services, except as expressly permitted by certain features of the Services; 
 * using the Services for any commercial solicitation or monetization purposes;
 * imitating or impersonating another person or entity, or misrepresenting an
   association with a person or entity, or hiding or attempting to hide your
   identity;
 * accessing or attempting to access any content of the Website by an interface
   other than what is provided by Talent.com;
 * disclosing or sharing account login information; 
 * modifying, adapting, translating, reverse engineering or decompiling any
   parts of the Services; 
 * reformatting, framing or linking to any information or content on the
   Services;
 * providing false information about others;
 * removing any copyright, trademark, or other proprietary rights notices posted
   on the Website, and/or transmitting another’s proprietary information without
   the owner’s or licensor’s permission;
 * posting, submitting, providing links to or promoting any material that is
   unlawful, illegal, defamatory, offensive, discriminatory, threatening,
   fraudulent, deceptive or obscene as determined by Talent.com.

Talent.com reserves the right to use any method to detect and block the above
activity and to screen User Content and User activity to prevent abuse on the
Website. While Talent.com will make every effort to detect and prevent the above
from occurring, we will not be liable or responsible should we fail to do so. We
may permanently or temporarily limit, condition, terminate or suspend your
access to the Services or any features thereof, including if in our sole
determination, you breach or violate any provision of our Terms of Service,
commit fraud or other abuse using the Services. We will not be held responsible
should your account be mistakenly flagged for review.
Talent.com shall have no liability for your interactions with other Users, or
for any User's action or inaction. Talent.com shall have no obligation to you to
enforce this Agreement against any other User. You agree to remedy any disputes
you may have with other Users directly with that User. As a Job Seeker, you
agree that any rights you have under any applicable laws pertaining to your
dealings with an Employer in the context of using our Services, including
employment, equality or discrimination laws, consumer protection and fair credit
reporting laws, data protection and privacy laws may only be asserted against
such Employer.
6. Talent.com Proprietary Rights
These Terms of Service provide only a limited license to Job Seekers and
Employers to access and use the Services in accordance with their terms.
Accordingly, you hereby agree that Talent.com transfers no ownership or
intellectual property interest or title in and to the Services or any materials
used in connection with the Services, including, without limitation, software,
(including source code), programs, products, information, documentation, images,
text, graphics, user interfaces, visual interfaces, illustrations, logos,
patents, trademarks, service marks, copyrights, photographs, audio, videos,
music, and content ("Talent.com Content"). All such Talent.com Content as well
as the design, structure, selection, coordination, expression, “look and feel,”
and arrangement of any content contained on or available through the Services
(except for Feedback) are exclusively owned, controlled, and/or licensed by
Talent.com or its members, parent(s) licensors or affiliates. Talent.com, the
Talent.com logos, and all other marks are proprietary trademarks of Talent.com
and any use of such marks, including, without limitation, as domain names,
account identifiers, or in connection with any search engine optimization
practice(s), without the prior written permission of Talent.com is hereby
strictly prohibited. Except as explicitly provided herein, nothing in the Terms
of Service shall be deemed to create a license in or under, any such
intellectual property rights, and you agree not to sell, license, rent, modify,
distribute, copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit or create derivative works from any materials or content
accessible on the Services. Use of the Talent.com Content or materials on the
Services for any purpose not expressly permitted by the Terms of Service is
strictly prohibited.
If you participate in any evaluation regarding the Services or otherwise provide
Talent.com suggestions, comments, ideas, opinions, recommendations for the
modification, correction, improvement, or enhancement of the Services, or other
feedback regarding the Services (collectively, "Feedback"), you consent to this
Feedback becoming the property of Talent.com
Such Feedback will be deemed to include a royalty-free, perpetual, irrevocable,
transferable, sublicensable, and non-exclusive right and license for Talent.com
to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use,
create derivative works of, and display (in whole or in part) worldwide, or act
on any such Feedback without additional approval or consideration in any form,
media, or technology now known or later developed for the full term of any
rights that may exist in such content, and you hereby waive any claim to the
contrary. You agree that this Feedback will not create any confidentiality
obligation upon Talent.com. To the extent permitted by applicable law, you waive
any moral rights and irrevocably consent to any acts that would otherwise
infringe your moral rights, in your Feedback. You agree not to provide any
Feedback that breaches any agreement you have with a third party.
7. Mobile Applications
By using any of the Talent.com mobile applications that can be downloaded in
device application marketplaces (“Talent.com Apps”), you agree that all of the
terms and conditions found herein apply to your use of the Talent.com Apps.
Additionally, you agree that the Talent.com Apps may send you push
notifications, if you turn on receipt of notifications and/or sign up to receive
notifications. By downloading and using the Talent.com Apps, you allow us to
make formatting changes to any User Content as they appear on your phone. You
further acknowledge that your use of the Talent.com Apps may require use of your
data plan from your cellular provider. You are responsible for payment of all
data usage accrued based on your use of the Talent.com Apps, and we disclaim all
responsibility for such data usage. In addition, if you allow Talent.com Apps to
utilize location services, the Talent.com Apps may suggest to you and collect
from you information based on your geographic location.
In addition to your agreement with the foregoing terms and conditions, and
notwithstanding anything to the contrary herein, the following provisions apply
with respect to your use of the Talent.com App downloadable from Google Play (or
its successors) operated by Google, Inc. or one of its affiliates ("Google"):
the extent of any conflict between (a) the Google Play Terms of Service and the
Google Play Business and Program Policies or such other terms which Google
designates as default end user license terms for Google Play (all of which
together are referred to as the "Google Play Terms"), and (b) the other terms
and conditions in this Agreement, the Google Play Terms shall apply with respect
to your use of any Talent.com App that you acquire from Google Play. Talent.com
and you hereby acknowledge that Google does not have any responsibility or
liability related to compliance or non-compliance by Talent.com or you (or any
other user) under this Agreement or the Google Play Terms.
In addition to your agreement with the foregoing terms and conditions, and
notwithstanding anything to the contrary herein, the following provisions apply
with respect to your use of the Talent.com Apps downloadable from the Apple App
Store or its successors as operated by Apple Inc. or one of its affiliates
("Apple"): Apple is not a party to this Agreement and does not own and is not
responsible for the Talent.com App. Apple is not providing any warranty for the
Talent.com App except, if applicable, to refund the purchase price for it. Apple
is not responsible for maintenance or other support services for the Talent.com
App and shall not be responsible for any other claims, losses, liabilities,
damages, costs or expenses with respect to the Talent.com App, including any
third-party product liability claims, claims that the Talent.com App fails to
conform to any applicable legal or regulatory requirement, claims arising under
consumer protection or similar legislation, and claims with respect to
intellectual property infringement. Any inquiries or complaints relating to the
use of the Talent.com App, including those pertaining to intellectual property
rights, must be directed to Talent.com. The license you have been granted herein
is limited to a non-transferable license to use the Talent.com App on an
Apple-branded product that runs Apple’s iOS operating system and is owned or
controlled by you, or as otherwise permitted by the Usage Rules set forth in
Apple’s App Store Terms of Service. In addition, you must comply with the terms
of any third-party agreement applicable to you when using the Talent.com App,
such as your wireless data service agreement. Apple and Apple’s subsidiaries are
third-party beneficiaries of this Agreement and, upon your acceptance of the
terms and conditions of this Agreement, will have the right (and will be deemed
to have accepted the right) to enforce this Agreement against you as a
third-party beneficiary thereof; notwithstanding the foregoing, Talent.com’s
right to enter into, rescind or terminate any variation, waiver or settlement
under this Agreement is not subject to the consent of any third party.
8. Beta Products
Talent.com may offer beta test products or features on our Website. These beta
test products or features may be offered in limited quantities, in limited
locations, and for limited time. We may discontinue or cancel all or part of a
beta product or feature at anytime without prior notice to you. ANY BETA PRODUCT
OR FEATURE IS IN TESTING PHASE AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, IS BELIEVED TO CONTAIN DEFECTS, AND A PRIMARY PURPOSE OF THIS BETA TEST
IS TO OBTAIN FEEDBACK ON THE PRODUCT PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD
IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT
FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT OR FEATURE OR ACCOMPANYING
MATERIALS.
9. Export and Anti-corruption
You may not use our Services if you are (i) located in, or a resident or a
national of, any country subject to U.S. or Canadian government embargo,
sanctions, or other restrictions (ii) named on any U.S. or Canadian government
denied-party list or (iii) engaged in activities directly or indirectly related
to the proliferation of weapons of mass destruction. Further, you shall not make
our Services available to any person or entity that falls under (i), (ii) or
(iii) above. Talent.com reserves the right to limit or terminate any and all
Services in specific countries or regions, at any time, due to, or during, times
of war, political upheaval or uncertainty, riot, insurrection, terrorism or
threat thereof, or civil disorder.
You represent that you have not received or been offered any illegal or improper
bribe, kickback, payment, gift, or thing of value from any of Talent.com’s
employees or agents in connection with this Agreement.
10. Claims of Infringement
Copyright laws, such as the Copyright Act in Canada or The Digital Millennium
Copyright Act of 1998 in the US, and similar laws in other jurisdiction provide
recourse for copyright owners who believe that material appearing on the
Internet infringes their rights under applicable copyright laws. If you believe
in good faith that materials hosted by Talent.com infringes your copyright under
any applicable copyright laws, you (or your agent) may send us a notice in the
form prescribed by regulation requesting that the material be removed or access
to it blocked. The notice shall (a) state the claimant’s name and address and
any other particulars prescribed by regulation that enable communication with
the claimant; (b) identify the work or other subject-matter to which the claimed
infringement relates; (c) state the claimant’s interest or right with respect to
the copyright in the work or other subject-matter; (d) specify the location data
for the electronic location to which the claimed infringement relates; (e)
specify the infringement that is claimed; (f) specify the date and time of the
commission of the claimed infringement; and (g) contain any other information
that may be prescribed by regulation.
If you believe in good faith that a notice of copyright infringement has been
wrongly filed against you, you may send Talent.com a counter-notice. Notices and
counter-notices must meet the then-current statutory requirements imposed by
applicable copyright laws. Notices and counter-notices with respect to the
Website should be sent in writing to Talent.com Inc., 5800 St-Denis Street,
Suite 604, Montreal, Québec, Canada, H2S 3L5, Attention: Legal Department. We
suggest that you consult your legal advisor before filing a notice or
counter-notice. Also, be aware that there are penalties for false claims under
certain copyright laws.
If you believe in good faith that any content on the Services is illegal or
infringes your or a third party's intellectual property right other than
copyrights, such as trademarks, or you wish to make us aware of any other
illegal or infringing acts which relate to the Services, you can contact us via
email at: legal@talent.com. Any notice to us must contain: (a) a detailed
description of the infringing or illegal material or activity including why it
is infringing or illegal; (b) a detailed description specifying the location of
the material that you claim is infringing or illegal (if applicable); and (c)
your name, address, phone number and email address.
11. Privacy and Security
Please refer to our Privacy Policy for information regarding how we collect,
process, share and store your Personal Data
Unfortunately, the transmission of information over the Internet is not
completely secure and we cannot, therefore, guarantee that unauthorized third
parties will never be able to defeat our security measures or use your personal
data for improper purposes. You acknowledge that you provide your personal data
at your own risk. Any actual or attempted use of the Services by you in
violation of this Agreement may result in criminal and/or civil prosecution.
Talent.com reserves the right in its sole discretion to review, monitor, and/or
record any information relating to your use of the Services without any prior
notice to or permission from you, including, without limitation, by archiving
content and/or communications submitted to and/or sent by you through the
Services.
We continuously test our system for potential breaches and have developed a Bug
Bounty program that proactively encourages and rewards third parties for
identifying security vulnerabilities on our site. We have dedicated resources
monitoring our servers for any potential intrusions or vulnerabilities. We
encrypt our data while stored and in transit and have strict access control
policies within our organization to control access to the data. No system is
100% secure, so we dedicate resources to ensure that we minimize the risk of
leaks, breaches, or hacks.
12. Governing Law and Dispute Resolution
If you are neither a Job Seeker nor an Employer as defined in this Agreement,
this Agreement and any dispute arising out of or in connection therewith or
related in any way to your use of our Services (“Dispute”) will be governed by
and under the laws of the Province of Québec and the laws of Canada applicable
therein, without giving effect to conflicts of law principles thereof. Any and
all actions, lawsuits, or other legal proceedings related to such Dispute shall
be filed only in the courts of the Province of Québec, Canada and the parties to
such Dispute hereby consent to the exclusive personal jurisdiction of such
courts.
13. Disclaimer
TALENT.COM MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ALL
MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, USER CONTENT,
PRODUCTS OR FEATURE OFFERED WITHIN THE SERVICES AND PROVIDE THE SERVICES ON AN
"AS IS" AND "AS AVAILABLE" BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM TALENT.COM, ITS EMPLOYEES, OR AGENTS, OR THROUGH
THE SERVICES, WILL CREATE ANY WARRANTY, GUARANTEE, TERM OR CONDITION NOT
EXPRESSLY STATED HEREIN. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW,
TALENT.COM AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS,
EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TITLE,
SERVICE QUALITY, AND THAT THE SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR
FREE, SAFE, OR SECURE. TALENT.COM AND ITS AFFILIATES, AND ITS AND THEIR
THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES, AND ALL MATERIALS,
INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, FEATURES AND PRODUCTS OFFERED
WITHIN THE SERVICES. TALENT.COM AND ITS AFFILIATES, AND ITS AND THEIR
THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS MADE
AVAILABLE BY TALENT.COM. TALENT.COM IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT,
INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS,
OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH
THIRD PARTIES.
IF ANY SUCH WARRANTY OR GUARANTEE CANNOT BE EXCLUDED UNDER APPLICABLE LAW, THEN
TO THE EXTENT PERMITTED BY APPLICABLE LAW, TALENT.COM’S LIABILITY FOR BREACH OF
ANY SUCH WARRANTY OR GUARANTEE IS LIMITED (AT TALENT.COM’S OPTION) TO: (A) FOR
GOODS, THE REPAIR OR REPLACEMENT OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS OR
PAYMENT OF THE COST OF THE REPAIR OR REPLACEMENT OF THE GOODS OR SUPPLY OF
EQUIVALENT GOODS; OR (B) FOR SERVICES, THE RESUPPLY OF THE SERVICES OR PAYMENT
OF THE COST OF THE RESUPPLY OF THE SERVICES.
14. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL TALENT.COM OR ITS AFFILIATES, OR ITS OR THEIR
THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR
MISUSE OF OR RELIANCE ON THE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY
TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF TALENT.COM OR ITS
AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICES, FROM RELIANCE
OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE
SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO
APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS MADE
AVAILABLE ON THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION,
TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR
LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE
OR NON-PERFORMANCE OF THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT
APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICES. SUCH LIMITATION
SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY
LAW, THE MAXIMUM AGGREGATE LIABILITY OF TALENT.COM AND ITS AFFILIATES, AND ITS
AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED
TO THE AMOUNT YOU PAID TALENT.COM TO USE THE SERVICES.
15. Confidentiality
Through your use of our Services, you may receive information or be exposed to
features and functionality that are not known or available to the general
public, including, but not limited to, login credentials, technology, API Keys,
dashboards, widgets, insertion codes, salary data and Salary Data Displays, and
guidelines and documentation relating to the Services ("Confidential
Information"). You agree that: (a) all Confidential Information will remain the
exclusive property of Talent.com; (b) you will use Confidential Information only
as is necessary for your use of the Services and in accordance with this
Agreement; (c) you will not disclose Confidential Information to any third
party; and (d) you will take all reasonable measures to protect the Confidential
Information against any use or disclosure that is not expressly permitted in
this Agreement. You further agree not to share with, or otherwise disclose to,
any third party, login credentials or any other mechanism that permits access to
the Services or any other non-public area of the Website.
16. Equitable Relief
You acknowledge that a breach by you of any confidentiality or proprietary
rights provision of this Agreement may cause Talent.com irreparable damage, for
which the award of damages would not be adequate compensation. Therefore,
Talent.com may institute an action to enjoin you from any acts in violation of
those provisions, which remedy shall be cumulative and not exclusive, and
additionally, Talent.com may seek the entry of an injunction enjoining any
breach or threatened breach of those provisions, in addition to any other relief
to which we may be entitled at law or in equity.
17. Relationship of the Parties
Nothing in this Agreement shall be construed as making either party the partner,
joint venturer, employer, contractor or employee of the other. Neither party
shall have or hold itself out to any third party as having any authority to make
any statements, representations or commitments of any kind, or to take any
action, that shall be binding on the other, except as provided for herein or
authorized in writing by the party to be bound. Except as set out in this
Agreement, only you and Talent.com may enforce this Agreement as this contract
is between you and Talent.com.
18. Third-party Links and Services
The Services may contain links to third-party websites, advertisers, products,
services, or other events or activities that are not owned or controlled by
Talent.com (collectively, "Third-Party(ies)"). Talent.com does not endorse or
assume any responsibility for any such Third-Party sites, information,
materials, products, or services. If you access a Third-Party website from the
Services or use a Third-Party service, you do so at your own risk, and you
understand that this Agreement and the Talent.com Privacy Policy do not apply to
your use of such Third-Party sites or services. You expressly relieve Talent.com
from any and all liability arising from your use of any Third-Party website,
service, or content.
19. Electronic Contracting
Your use of the Services includes the ability to enter into agreements and/or to
make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC
SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THIS AGREEMENT,
AND THAT YOUR INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL
RECORDS RELATING TO TRANSACTIONS YOU ENTER INTO ON ANY TALENT.COM WEBSITE,
INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. YOU
ACKNOWLEDGE THAT TALENT.COM DISCLAIMS ALL WARRANTIES ASSOCIATED WITH ELECTRONIC
SUBMISSIONS, INCLUDING ANY ERRORS ASSOCIATED WITH THE VALIDITY OF ANY
SIGNATURES, AND THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY
AGREEMENTS/TRANSACTIONS ARE RECEIVED AND RETAINED BY YOU.
20. Notification
Any notices to Talent.com must be sent in writing to Talent.com Inc., 5800
St-Denis Street, Suite 604, Montreal, Québec, Canada, H2S 3L5, Attention: Legal
Department, via certified first class or overnight courier (signature required)
and are deemed given upon receipt.
Any notices to Users will be provided electronically by email, messaging
service, notification in your account interface or through conspicuous posting
of such notice on our Website or Talent.com Apps, as determined by Talent.com,
in its sole discretion. Notice to Users is deemed received and effective when
sent (for electronic communications) or no more than 30 days after having been
posted in your account interface or on our Website or Talent.com Apps.
21. Modifications
Talent.com may modify these Terms of Service at any time. If we do so, we will
post the revised Terms of Service and update the “Last Updated” date at the top.
In case of material changes, we will also provide you with notice of the
modifications, before the effective date, via email, messaging service or
notification on our Website and/or ask you to explicitly accept the revised
Terms of Service before your next visit on our Website or Talent.com Apps. If
you disagree with the revised Terms of Service, you should not use our Services
and you should cancel you account. Your continued use of our Services after the
effective date of the proposed changes will constitute acceptance of the revised
Terms of Service.
22. Miscellaneous
By using our Services, you agree to comply with all applicable laws and
regulations, including Canadian, U.S. or other export and re-export control laws
and regulations, copyright laws, privacy laws and laws regarding intellectual
property.
These Terms of Service (including the Privacy Policy and the Cookie Policy which
form an integral part thereof) constitute the entire agreement between the
parties with respect to the subject matter hereof, including any and all
provisions applicable to the parties, and supersede and replace all prior or
contemporaneous understandings or agreements, written or oral, regarding such
subject matter. Any waiver of any provision of this Agreement will be effective
only if in writing and signed by Talent.com. If any provision of this Agreement
is deemed invalid by a court of competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of this
Agreement, which shall remain in full force and effect. You agree that this
Agreement cannot be altered, amended, modified or overridden, except by a
document signed by an authorized representative Talent.com. For the avoidance of
doubt, email or phone communication between you and a Talent.com employee shall
not constitute an amendment or alteration of this Agreement.
You may not assign or delegate any of your rights or obligations herein without
Talent.com’s prior written consent and any such attempt is void. Talent.com may
freely assign or delegate its rights and obligations herein without notice to
you.
23. Termination
These Terms remain in effect while you use our Services and, for registered
Users, if your account remains active. You may delete your account at any time.
All provisions of these Terms of Service shall survive termination or expiration
except those provisions granting access to or use of our Services. We may
suspend or terminate your account, or your access to parts of our Services at
our discretion and at any time, including if we determine that you have violated
any terms of this Agreement, and we are not liable for any deletion of your
information.
24. Contact Us
If you have questions about our Terms of Service, please contact us at
legal@talent.com.
You can also contact us at the following mailing address:
Talent.com Inc. 5800 St-Denis Street, Suite 604 Montreal, Québec, Canada, H2S
3L5
Attn: Legal Department
Privacy Policy
Last update: February 15, 2023(previous version)
This updated Privacy Policy is effective immediately for unregistered users and
users registering after February 15, 2023. For all other users, the updated
Privacy Policy will become effective on March 15, 2023.
ABOUT OUR PRIVACY POLICY
This Privacy Policy describes how Talent.com Inc. (“Talent.com,” “we,” “our” or
“us”) and our affiliates handle the data collected and processed while you use
our websites (the “Website”), our mobile applications, our other online products
and services and while you communicate with us via email, texts and other form
of communications (together, the “Services”). Talent.com is committed to
protecting your privacy through our compliance with our Privacy Policy.
Each time you use or access any of our Services, you do so by accepting this
Privacy Policy. If you do not accept this Privacy Policy, then you should not
use our Services. We reserve the right to modify this Privacy Policy at any time
by notifying you as provided in this Privacy Policy. Your continued use of the
Services after any such change constitutes your acceptance of the revised
Privacy Policy.
1. Who Controls Your Data
Talent.com Inc. is a global company based in Canada. Talent.com Inc. controls
the data collected and processed through our Services.
Under most circumstances, if you reside in North America (the United States,
Canada, and Mexico), Talent.com acts as your service provider and processor of
your Personal Data. For all other users, Talent.com acts as a controller of your
Personal Data.
2. Types of Data We Collect
Depending on your interaction with us, meaning, if you are a visitor browsing
our Website, or if you have registered as a user of our Services, either as a
job seeker (“Job Seeker”) or as someone looking to hire or make available
information regarding employment openings (“Job Ads”) on your behalf or on
someone else’s behalf (“Employer”), we collect and process two types of
information about you:
2.1 Personal Data:
This is the type of data that identifies you as a natural person, or that may be
used, either alone or in combination with other information, to personally
identify you as a natural person. As used in this Privacy Policy, “Personal
Data” may include:
 * Your first name, last name, Social Media profile or similar identifier
   (“Identity Data”);
 * Your physical address, email address, social media address, mobile or
   landline telephone number, location data and other contact information you
   may provide (“Contact Data”);
 * Your username and password, user preferences, profile-linked user-generated
   content such as Job Ads, curriculum vitae (CV)/resume, job searches
   (keyword(s) and location typed in the search bar or displayed on the job
   posting), candidate searches, feedback and survey responses (“Profile Data”);
 * Your applicant-linked user-generated content such as job applications,
   curriculum vitae (CV)/resume, cover letter and answers to employers screening
   questions (“Application Data”);
 * Details about your subscription to our Service and payments for such Services
   (“Transaction Data”) and billing, banking and payment card information
   (“Financial Data”). However, please note that credit card numbers are not
   collected by us directly, but by secure payment service providers;
 * Certain technical data about the equipment you use to access our Services
   (“Technical Data”) and the way you use our Services (“Usage Data”). This
   Technical and Usage Data may be considered Personal Data in certain
   jurisdictions. We refer you to Section 3.3 of this Privacy Policy for more
   information about Technical Data and Usage Data.

2.2 Non-Personal Data:
This is the type of data that is non-personal and non-identifiable data that
cannot personally identify or lead to identifying a natural person. For example,
personal data that is aggregated or converted into statistics or anonymized can
no longer be attributed to you and is therefore considered Non-Personal Data. In
the event we combine Personal Data with Non-Personal Data, the combined
information will be treated as Personal Data for as long as it remains combined.
2.3 Sensitive Personal Data:
To use our Services, you are not required to provide us with any Sensitive
Personal Data. Sensitive Personal Data includes, for example, information about
racial or ethnic origin, political opinions, religious beliefs, philosophical
beliefs or trade union membership, genetic and biometric data and data
concerning health, sex life or sexual orientation. If you are a Job Seeker
responding to a Job Advertisement, sharing your resume with a prospective
Employer, or answering questions from a prospective Employer while using our
Services, please carefully consider the information that you share and ensure
that you are not providing any Sensitive Personal Data or other information that
is not necessary for your job application or job search.
You are not required by law to provide us with any information. You can always
avoid providing us certain Personal Data; however, you acknowledge that it may
prevent us from providing you certain Services.
3. When do we collect your Personal Data and why
3.1 Personal Data Employers send us
When you are using our Services as an Employer, you may provide your Identity
Data, Contact Data, Profile Data, Transaction Data and Financial Data to us when
you:
 * create an employer account;
 * post or distribute Job Advertisement using our Services;
 * if you opt in to receive newsletters or other communications about new or
   existing features or functionalities that might be of interest to you;
 * request information to be sent to you
 * use our customer service or support, or make technical request;
 * provide feedback to us or respond to a survey;
 * when you communicate with us on any transactional or other matters.

In those circumstances, we use your Personal Data among other things for our
legitimate business interest to perform and improve the Services you have
requested, to respond to your inquiries and provide you with the support,
information and communications you have asked to receive and to generally
perform the agreement between you and us. When you communicate with us over the
phone, your calls may be recorded and analyzed for training, quality control and
for sales and marketing purposes. During such calls, we will notify you of the
recording via either voice prompt or script. When you participate in a survey,
we collect information that you provide through the survey. If the survey is
provided by a third-party service provider, the third party’s privacy policy
applies to the collection, use, and disclosure of your information.
Participation in any such surveys is completely voluntary and you, therefore,
have a choice whether to disclose such information.
3.2 Personal Data Job Seekers send us
When you are using our Services as a Job Seeker, you may provide us with your
Identity Data, Contact Data, Profile Data and Application Data when you:
 * create a job seeker account;
 * sign up for job alerts;
 * apply to a Job Advertisement posted on our Website, mobile application or
   through sponsored advertisements that we have on third party sites;
 * use our customer service or support, or make technical request;
 * provide feedback to us or respond to a survey;
 * when you communicate with us on any matters.

In those circumstances, we use your Personal Data among other things for our
legitimate interest to perform and improve the Services you have requested or to
respond to your inquiries and provide you with the support, information and
communications you have asked to receive and to generally perform the agreement
between you and us. When you subscribe to our email or SMS job alerts, we use
your email or phone number, based on your consent, to send you personalized and
relevant job listings related to your job search. You may manage your alerts or
unsubscribe at any time from our job alerts Services. See Section 8 of this
Privacy Policy for details on how to unsubscribe to our Services.
When you apply for a job through our Website or mobile application, we collect
and use your Application Data, based on your consent, to send to the Employer
whose Job Advertisement you responded to. This data is then associated with your
Job Seeker account, so you can easily apply for subsequent jobs without having
to re-enter your application information every time. Sometimes, when applying
for a job, you may be redirected to the Employer’s website or application
tracking system. In such a case, we do not collect your Application Data. See
Section 4.1 of this Privacy Policy for more details on how your Application Data
is treated.
3.3 Technical and Usage Data we collect automatically
As is true of most websites, as you interact with our Website or use our mobile
application, we may automatically collect technical data about your computer and
mobile device. This may include information such as Internet Protocol (IP)
address (a number that is automatically assigned to a computer when the Internet
is used) and other device identifier, your login data, access dates and times,
browser type and version, device information, cookie data, time zone setting and
location data, browser plug-in types and versions, operating system and
platform, mobile phone carrier identification, the language your system uses and
other technology on the devices you use to access our Services. We refer to this
as “Technical Data”. We may also collect information about how you use our
Services, such as your browsing actions and patterns, which links you click on,
or information that you type into pages or forms we present to you. If you
receive email or other form of electronic communication from us, we use certain
tools to capture data related to when you open our messages, click on any links
or banners it contains and subscribe to our Services. We refer to this as “Usage
Data”.
We collect this Technical and Usage Data by using cookies, pixels, server logs
and other similar technologies. “Cookies” are small pieces of information that a
website sends to a computer’s hard drive while a website is viewed. We may also
receive Technical Data and Usage Data about you if you visit other websites
employing our cookies and other similar technologies, including on third-party
websites where we publish Job Advertisements. Read our Cookie Policy for more
information on our use of cookies and other tracking technologies.
We have a legitimate business interest in collecting Technical Data and Usage
Data as this allows us to make our Website and mobile applications operate
efficiently, to improve our Services, to monitor, detect and prevent fraudulent
activities on our Website, to customize your experience when using our Services,
to help us analyze how our Services are used and assist us in our marketing
efforts. More specifically, we may use Technical Data and Usage Data to, among
other things:
 * Respond to customer service requests;
 * Administer your account;
 * Respond to your questions and concerns;
 * Improve our Services and marketing efforts;
 * Conduct research and analysis;
 * Display content based upon your interests.

3.4 Personal Data we receive from third parties
We may receive Personal Data in the form of Technical Data and Usage Data about
you from various third parties such as our publishing and advertising partners
and Employers. See our Cookie Policy for further information.
You may also create an account or log into your Talent.com account using
third-party websites including, but not limited to LinkedIn or Google (“Social
Media”). If you do not already have a Talent.com account but log into Talent.com
using your Social Media account, this creates a Talent.com account using the
same email address used in your Social Media account. If you agree to provide
this information to Tale nt.com, your Social Media account will authenticate you
and redirect you to Talent.com. When you log into Talent.com using your Social
Media account, these Social Media will use cookies on our Website to
authenticate you as a Social Media user. By accessing Talent.com through your
Social Media account, you understand that these Social Media providers will
share certain data detailed in the above paragraph for the purposes of
authentication to permit you to access our Website in a secure manner. You may
stop this at any point from your Social Media account. This information will be
considered Talent.com account information for purposes of your use of our
Services.
4. When do we share your Personal Data and why
In addition to the specific situations discussed elsewhere in this Privacy
Policy, we may share your Personal Data in the following situations:
4.1 Job Seekers and Employers
When a Job Seeker applies for a job through our Website or mobile application,
we share their Application Data with the Employer. This may include sharing the
Application Data with the employer looking to hire, the agency recruiting on
behalf of the employer and/or the external system such as an applicant tracking
system used by the employer and/or the agency to manage the hiring of employees.
Employer account holders agree to comply with all their responsibilities under
applicable data protection laws with respect to the collection, processing, and
storage of Personal Data, as well as providing adequate protection of all data
subject rights provided for under all applicable data protection laws. When an
Employer uses our Services, we will share Employer-related information with Job
Seekers. This may include publishing Job Advertisements, company pages, and
salary information on our Website and mobile applications. We may also share
this information on third-party websites.
4.2 Publishing Partners, Employers and Advertising Partners
We may share Personal Data in the form of Technical Data and Usage Data with
third parties part of our ecosystem including partners in our publishing network
and employers. We may also participate in behavior-based advertising. This means
that a third party uses technology (e.g., a cookie) to collect information about
your use of our Website so that they can provide advertising about products and
services tailored to your interests on our Website, or on other websites. See
our Cookie Policy for further information.
4.3 Service providers
We share your information with service providers that we use to support our
business or help provide our Services to you, including, but not limited to,
third parties that host our Website, assist us to verify your identity, perform
website and platform maintenance, risk assessments, and security, perform data
and web analytics, provide databases, IT services, customer service, payment
platforms and credit card processing, communication services, and email
services. Our service providers will be given access to your Personal Data as is
reasonably necessary to provide the Website and related Services. Our service
providers are contractually obligated to use your Personal Data only at our
direction, to handle your Personal Data in confidence, and to not disclose your
Personal Data to unauthorized third parties. However, certain of those service
providers provide services pursuant to standard terms and conditions that may be
non-negotiable. These service providers have informed us or the general public
that they apply security measures they consider adequate for the protection of
information within their system, or they have a general reputation for applying
such measures. However, we will not be liable (to the fullest extent permitted
by law) for any damages that may result from the misuse of any information,
including Personal Data, by these companies.
4.4 Affiliates and acquisitions
We may share information with our corporate affiliates (e.g., parent company,
sister companies, subsidiaries, joint ventures, or other companies under common
control). If another company acquires, or plans to acquire, our company,
business or our assets, we will also share information with that company,
including at the negotiation stage.
4.5 Other disclosures with your consent
If we otherwise intend to disclose your Personal Data to a third party not
otherwise described elsewhere in this Privacy Policy, we will identify that
third party and the purpose for the disclosure and obtain your consent.
4.6 Other disclosures without your consent
We may disclose information in response to subpoenas, warrants, or court orders,
or in connection with any legal process, or to comply with relevant laws. We may
also share your information in order to establish or exercise our rights, to
defend against a legal claim, to investigate, prevent, or take action regarding
possible illegal activities, suspected fraud, safety of person or property, or a
violation of our policies, or to comply with your request for the shipment of
products to or the provision of services by a third-party intermediary.
4.7 Public
Our Website may provide the opportunity to post comments, or reviews, in a
public forum. If you decide to submit information on these pages, that
information may be publicly available.
Except as otherwise stated in this Privacy Policy, we do not sell, trade, rent
or otherwise share for marketing purposes your Personal Data with third parties
without your consent. We may use or share Non-Personal Data in any of the above
circumstances, as well as for the purpose of providing and improving our Service
and for commercial use.
5. How long do we keep your Personal Data
The length of time for which we retain Personal Data depends on the purposes for
which we collected and use it and/or as required to comply with applicable laws.
Where there are technical limitations that prevent deletion or anonymization, we
safeguard Personal Data and limit active use of it.
6. How do we protect your Personal Data
We implement security measures designed to protect your Personal Data from
unauthorized access. We apply these tools based on the sensitivity of the
Personal Data we collect, use, and store, and the current state of technology.
We protect your Personal Data through technical and organizational security
measures to minimize risks associated with data loss, misuse, unauthorized
access, and unauthorize disclosure and alteration. We periodically review our
information collection, storage and processing practices, including technical
and organizational measures, to guard against unauthorized access to systems.
Your account is protected by your account password, and we urge you to take
steps to keep your Personal Data safe by not disclosing your password and by
logging out of your account after each use.
Because the internet is not a completely secure environment, we cannot warrant
the security of any information you transmit to us or guarantee that information
on the Website may not be accessed, disclosed, altered and/or destroyed by
breach of any of our physical, technical and/or managerial safeguards. In
addition, while we take reasonable measure to ensure that service providers keep
your information confidential and secure, such service provider’s practices are
ultimately beyond our control. We are not responsible for the functionality,
privacy and/or security measures of any other organization. By using our
Services, you acknowledge that you understand and agree to assume these risks.
You may ask for a list of technical and organizational measures taken to protect
your Personal Data by e-mailing us at: data-privacy@talent.com.
7. Where do we store and process your Personal Data
Our company operates globally and has a global infrastructure. We may store or
process your Personal Data in various countries, including the United States,
Canada and the European Economic Area (“EEA”), depending on the type of Personal
Data processed. If you visit our Website or use our Services from locations
outside of the United States, please note that any information you provide to us
through your use of our Website or Service may be transferred to and processed
in countries other than the country from which you accessed our Websites or
Services. As a result, your Personal Data may be transferred to countries
outside your country of residence, which may have different data protection
rules than in your country. While such Personal Data is outside of your country,
it is subject to the laws of the country in which it is located and may be
subject to disclosure to the governments, courts or law enforcement or
regulatory agencies of such other country, pursuant to the laws of such country.
However, we will take the necessary steps to ensure that international transfers
of Personal Data meet all requirements under applicable data protection laws and
this Privacy Policy. When Personal Data collected within the EEA or the United
Kingdom is transferred outside the EEA or the United Kingdom, we will take the
steps necessary to ensure that the transfer of such data provides sufficient
safeguards. For example, we will do so by transferring Personal Data to
jurisdictions which, according to the European Commission and the Court of
Justice of the European Union, offer an adequate level of protection to Personal
Data or pursuant to standard contractual clauses approved by the European Union.
Personal Data transferred outside the EEA for processing by AWS on its servers
in the United States, and among the company’s affiliates, in both cases is
accomplished pursuant to standard contractual clauses approved by the European
Union. If you would like to understand more about these arrangements and your
rights in connection therewith, please contact our Privacy Officer at
data-privacy@talent.com.
8. Your choices
You can take the following actions that will change or limit the collection or
use of your Personal Data.
8.1 Unsubscribe to Job Alerts
If you wish to unsubscribe to job alerts, you may do so by clicking on the
“Unsubscribe from Job Alert” link located at the bottom of any email alert. You
can then click on the “Delete” button next to the alert you wish to remove. In
the case of SMS or WhatsApp Job Alerts, if offered in your region, you can
unsubscribe by replying “STOP” to the messages you received or clicking on the
unsubscribe link you received via your mobile device, as the case may be. You
may also edit or unsubscribe to job alerts in your account profile, under the
“My notifications” tab. Find out more on how to unsubscribe to our Services in
our Terms of Service.
8.2 Unsubscribe to promotional or marketing emails
You may choose to provide us with your email address for the purpose of allowing
us to send offers and other promotional/marketing materials to you, as well as
targeted offers from third parties. You can stop receiving promotional/marketing
emails by following the unsubscribe instructions in e-mails that you receive and
also adjust your email preferences in the “My notifications” tab in your account
profile. If you decline to receive promotional and/or marketing emails, we may
still send you transactional and Service-related messages.
8.3 Purge your account
If you wish to delete all information associated with your account, you may do
so by logging into your account, clicking on the “Settings” section, and then on
“Purge my account information”. You will no longer have access to any of the
data we make available under that account, including but not limited to, search
history, job search preferences, saved jobs, jobs that you have applied to, job
alerts, resume, and any other data associated with the account. You should note
that we reserve the right to keep any materials in a closed account as necessary
to preserve and protect our rights to the extent permitted by law (for example,
to preserve records of a dispute) or to comply with our obligations under local
law (for example, if requested to retain by law enforcement). A closed account
does not mean that all of the data is expunged from our systems, although it
will not be readily available under your original account. You should also
realize that when you apply for a job through our Website or mobile application
and you purge your account thereafter, the job application may still be
accessible to us and the Employer who received it, as a record of a transaction
that occurred on our Website, as well as any messages sent to or received from
you. If you are a Job Seeker and want to delete a job application performed
outside of our Website, please note that your applications and materials may be
controlled by an Employer, and we may direct you to that Employer for Personal
Data deletion requests where that Personal Data is held by that Employer.
8.4 Device and usage information
If you do not want us to see your device location, you can turn off location
sharing on your device, change your device privacy settings, or decline to share
location on your browser.
8.5 Cookies Settings
In some jurisdictions, we are required to obtain your consent for the use of
cookies and other tracking technologies. In such a case, you have the option to
reject the use of certain cookies. To find out more, read our Cookie Policy.
9. Your Privacy Rights
Privacy laws in various countries and regions of the world including, without
limitation, Canada, the European Union, the United Kingdom, Brazil, the Province
of Québec and the State of California, provide residents of these regions with
certain rights with respect to their Personal Data. Talent.com is committed to
complying with all applicable privacy laws and providing GDPR-type rights to all
our users globally. You can make the following choices regarding your Personal
Data:
9.1 Access to your Personal Data
You may request access to your personal information by contacting us at the
address described below. If required by law, upon request, we will grant you
reasonable access to the personal information that we have about you. We will
provide this information in a portable format, if required.
9.2 Changes to your Personal Data
We will take steps to ensure that your Personal Data is kept as accurate,
complete and up-to-date as reasonably necessary. We will not routinely update
your Personal Data, unless such a process is necessary. However, we rely on you
to update and correct your Personal Data. Our Website allows you to modify or
delete your account profile. If our Website does not permit you to update or
correct certain information, you may contact us at the address described below
in order to request that your information be modified. Note that we may keep
historical information in our backup files as permitted by law.
9.3 Objections/restrictions to your Personal Data
You have the right to object to how Personal Data is processed in relation to
public interest/official authority and our legitimate interests as well as
direct marketing purposes – including profiling under both. You also have the
right to request that processing of your Personal Data be restricted where its
accuracy or lawfulness is contested.
9.4 Deletion of your Personal Data
Typically, we retain your Personal Data for the period necessary to fulfill the
purposes outlined in this Privacy Policy, unless a longer retention period is
required or permitted by law. Where certain grounds apply, the law authorizes
you to make a request that your personal information be deleted and triggers our
corresponding obligation to comply, unless exceptions apply. Note, however, that
we may not always be able to comply with your request for erasure and in such
circumstances, will notify our reasons to you.
9.5 Move, copy or export Personal Data
This is known as the Right to Portability. You have the right to request that
your Personal Data be forwarded to a third party.
9.6 Provision and revocation of consent
You have the right to provide, decline consent to the use, disclosure, and
processing of Personal Data. If you’ve already provided consent, you also have
the right to revoke it. This will not impact the legality of use, disclosure, or
processing prior to revocation. If you revoke your consent for the use,
disclosure or processing of Personal Data, then we may no longer be able to
provide you Services. In some cases, we may deny your request to revoke consent
if the law permits or requires us to do so – such as when we are unable to
adequately verify your identity. You may revoke consent to processing (where
such processing is based upon consent) by contacting us at the address described
below. If applicable, you may have the right to request information about the
use of any automated decision system and the impact they may have on you.
Please note that your rights are not absolute, meaning that in some
circumstances, exceptions exist under applicable law. The law may provide
exemptions from requests involving your Personal Data. For example, in order to
provide our Services to you, deleting your Personal Data may prevent you from
accessing or using such Services.
10. Complaints
We are committed to resolving valid complaints about your privacy and our
collection or use of your Personal Data. To exercise any of your rights or for
questions or complaints regarding our data use practices or this Privacy Policy,
please contact us at data-privacy@talent.com. We will respond to any such
requests in a timely manner as specified by applicable privacy laws. If we need
more time to fulfill your request, we will let you know in advance. We will not
exceed the legally specified time limit under any circumstance.
Note that, as required by law, we may require you to prove your identity. We may
verify your identity by phone call or email. Depending on your request, we will
ask for information such as your name or other account information. We may also
ask you to provide a signed declaration confirming your identity. Following a
request, we will use reasonable efforts to supply, correct or delete personal
information about you in our files.
In some circumstances, you may designate an authorized agent to submit requests
to exercise certain privacy rights on your behalf. We will require verification
that you provided the authorized agent permission to make a request on your
behalf. You must provide us with a copy of the signed permission you have given
to the authorized agent to submit the request on your behalf and verify your own
identity directly with us.
Should you remain unsatisfied with our response to your request or complaint,
you have the right to contact your local data protection authority.
11. Children and Minors
Talent.com does not knowingly collect Personal Data from children under the age
of fourteen (14), or, if located in the EEA, United Kingdom, or Switzerland,
under the age of sixteen (16). If we learn that we have collected personal
information from a child under the age of fourteen (14), or sixteen (16) and
located in the EEA, United Kingdom, or Switzerland, we will delete such
information as quickly as possible. If you believe that a child under the age of
fourteen (14) or sixteen (16) and located in the EEA, United Kingdom, or
Switzerland may have provided us personal information, please contact us at:
data-privacy@talent.com.
12. Third Party Websites and Services
We have no control over the privacy practices of websites or applications that
we do not own. We are not responsible for the practices employed by any websites
and/or services linked to and/or from our Website, including the information
and/or content contained therein. Please remember that when you use a link to go
from our Website to another website and/or service, our Privacy Policy does not
apply to such third-party websites and/or services. Your browsing and
interaction on any third-party website and/or service, including those that have
a link on our Website, are subject to such third-party’s own rules and policies.
In addition, you agree that we are not responsible and do not have control over
any third parties that you authorize to access your Personal Data. If you are
using a third-party website and/or service and you allow them to access your
Personal Data, you do so at your own risk.
13. Modifications
Talent.com may modify this Privacy Policy at any time. If we do so, we will post
the revised Privacy Policy and update the “Last Updated” date at the top. In
case of material changes, we will also provide you with notice of the
modifications, before the effective date, via email, messaging service or
notification on our Website and/or ask you to explicitly accept the revised
Privacy Policy before your next visit on our Website or mobile application. If
you disagree with the revised Privacy Policy, you should not use our Services
and you should cancel you account. Your continued use of our Services after the
effective date of the proposed changes will constitute acceptance of the revised
Privacy Policy.
14. Contacting Us
For questions or complaints regarding our use of your Personal Data or this
Privacy Policy, please contact us as follows:
For our European users, you can contact, where appropriate, either our
subsidiary in France or our subsidiary in the United Kingdom, by email to
data-privacy@talent.com or by writing to the following addresses:
For EEA:
Talent.com France Sarl
118 rue Réaumur
75002 Paris, France
Attention: Privacy Officer
For UK:
Talent.com Jobs Limited
Cromwell House, 15 Andover Road
Winchester, United Kingdom, SO23 7BT
Attention: Privacy Officer
For all other users, please contact us by email at data-privacy@talent.com or by
writing to the following address:
For the rest of the world (including Canada and the United States)
Talent.com Inc.
5800 St-Denis Street
Montreal, Québec, Canada, H2S 3L5
Attention: Privacy Officer
Cookie Policy
Last update: February 15, 2023 (previous version)
This updated Cookie Policy is effective immediately for unregistered users and
users registering after February 15, 2023. For all other users, the updated
Cookie Policy will become effective on March 15, 2023.
ABOUT OUR COOKIE POLICY
This Cookie Policy describes how Talent.com Inc. (“Talent.com”, “we”, “our” or
“us”) and our affiliates use cookies, web beacons, pixels, server logs and other
similar technologies when you visit our websites, use our mobile applications
(together, our "Website" or "Services) or visit other websites employing our
cookies.
1. What are cookies, pixels, web beacons and other similar technologies?
A cookie is a small piece of data (text file) that your browser will store on
your computer or mobile device, when you visit a website, in order to remember
information about you.
A cookie will typically contain the name of the domain from which the cookie has
come, the “lifetime” of the cookie, and a randomly generated unique number or
other value. Certain cookies will be used on the Website regardless of whether
you are logged in to your account or not.
Cookies are either “session cookies” or “persistent cookies”. Session cookies
are temporary cookies that remain in the cookie file of your browser until you
leave the Website. Persistent cookies remain in the cookie file of your browser
for much longer (though how long will depend on the lifetime of the specific
cookie).
Cookies are either first-party cookies or third-party cookies. First-party
cookies are placed on our Website by Talent.com. In general, these cookies allow
Talent.com to remember your preference settings and perform other useful
functions that provide a good user experience when you visit our Website.
Third-party cookies are set on our Website by a domain other than Talent.com.
They are placed on our Website by our third party partners, for various purposes
including to perform analytics, detect or prevent fraud or collect information
about your activities on our Website and serve you better targeted advertising.
We may also use other forms of tracking technologies similar to a cookie, such
as pixels, web beacons and clear gifs. A “pixel” or “pixel tag” is a small piece
of code that can be embedded on websites and emails. They are used to learn how
you interact with our web pages and emails. “Web beacons” or “clear gifs” help
deliver cookies and gather usage and performance data. We and/or our third-party
providers may employ web beacons to help us better manage content on our Website
by informing us of what content is effective. In addition, we may also use clear
gifs in HTML-based emails sent to our users to track which emails are opened by
recipients.
We may also use mobile analytics software to allow us to better understand the
functionality of our mobile software on your phone. This software may record
information such as how often you use the application, the events that occur
within the application, aggregated usage, performance data, and where the
application was downloaded from.
In this Cookie Policy, we use the term “cookies” to include cookies, web
beacons, pixels, server logs and other similar technologies.
2. How do we use Cookies
We use cookies for the following purposes:

Purpose Description Your Preferences & User Experience We use cookies to gather
certain information about users, such as browser type, server, language
preference, and country setting, in order to store user preferences on our
Website to make your user experience more consistent and convenient. For
example, we may store the recent searches you have performed in a cookie so that
we can allow you to easily repeat those searches when you return to our Website.
In addition, we use cookies to maintain your logged in state when you visit our
Website repeatedly. Security and Performance We use cookies for security
reasons, to prevent fraud and spamming and for compliance purposes, to ensure
that we respond to your cookie preference settings. We also use cookies to
ensure users receive a consistent user experience while we conduct A/B testing
on certain aspects of our Website in order to improve our product offerings. We
also use cookies to improve the performance and reliability of our Website.
Referral and Conversion Tracking We use cookies to measure the performance of
job postings we publish as part of our Services. We use these tracking
technologies on our Website and on third-party websites, including websites of
our clients and partners. These cookies allow us to know what to charge our
clients for the Services we render, based on the clicks to their job postings
and what to pay our partners for the users they refer to our Website. We also
use cookies and pixels to track when a user interested in a job posting applies
to such job, on our clients' websites.
We do not share any personal information about our users with these partners or
with our clients, unless we receive express consent from our users to do so.
Also, our partners and clients agree not to use the information collected using
our cookies for any purpose other than for measuring the performance of the job
postings we publish. Analytical Purposes We may use cookies to analyze user
activity in order to improve the functionality and user experience of our
Website. For example, we can use cookies to look at aggregate patterns like the
average number of job searches that users perform. We can use such analysis to
gain insights about how to improve the functionality and user experience of our
Website. Marketing We use cookies from third-party partners for measurement
services, better targeting advertisements, and for marketing purposes. Our
third-party advertising partners may use these technologies to identify your
browsing interests over time and across different websites to deliver targeted
advertisements and other content that has been customized for you.
We may also share information about your behavior on our Website with third
parties in order to show you targeted advertisements and other content that has
been customized for you. We also use cookies to determine which advertisements
users have seen, how many times users have seen a particular advertisement, and
on which sites a particular advertisement appeared.

3. What Cookies Do We Use
You will find in this table a list of cookies that we use on our Website. The
list includes first-party cookies and third-party cookies. The list is not
exhaustive and may be updated from time to time. For more information about the
third party providers of these third-party cookies, please visit their websites
for more information on their privacy practices.

STRICTLY NECESSARY COOKIES

These cookies are necessary for the website to function and cannot be switched
off in our systems. They are usually only set in response to actions made by you
which amount to a request for services, such as setting your privacy
preferences, logging in or filling in forms. You can set your browser to block
or alert you about these cookies, but some parts of the site will not then work.
These cookies do not store any personally identifiable information.

Strictly Necessary Cookies Cookie Subgroup Cookies Cookies used Lifespan
my.talent.com AWSALBCORS First Party 6 Days pk.talent.com AWSALB First Party 6
Days employers.talent.com __cfruid First Party Session talent.com
employer-account-id , OptanonConsent , employer-user-token , ttc , __cf_bm ,
OptanonAlertBoxClosed , mbg-popup-cooldown , partner-account-id , user-token ,
SSOCB , uet_publisher , partner-user First Party 30 Days, 364 Days, Session, A
few seconds, A few seconds, 364 Days, 1 Day, 30 Days, 1 Year, A few seconds,
Session, Session .talent.com preferred_country , is_registered ,
preferred_language , SSOINFO First Party 30 Days, Session, 30 Days, 30 Days
helpcenter.talent.com __cfruid Third Party Session blog.talent.com __cfruid
Third Party Session talent.com hubspotapi-csrf, __stripe_mid, csrf.app,
__stripe_sid Third Party Session, Session, Session, Session ca.talent.com AWSALB
Third Party 6 Days

TARGETING COOKIES

These cookies may be set through our site by our advertising partners. They may
be used by those companies to build a profile of your interests and show you
relevant adverts on other sites. They do not store directly personal
information, but are based on uniquely identifying your browser and internet
device. If you do not allow these cookies, you will experience less targeted
advertising.

Targeting Cookies Cookie Subgroup Cookies Cookies used Lifespan talent.com
GoogleAdServingTest , NID , CONSENT , _fbp First Party A few seconds, A few
seconds, A few seconds, A few seconds google.com NID, CONSENT Third Party 182
Days, 729 Days doubleclick.net test_cookie, IDE Third Party A few seconds, 389
Days .talent.com _fbp Third Party 30 Days linkedin.com lidc Third Party A few
seconds bing.com MUID Third Party 389 Days hubspot.com __cf_bm Third Party A few
seconds talent.com __gpi_optout, _gcl_au, MR, _uetvid, __gpi, _uetsid, MUID
Third Party 30 Days, 90 Days, 30 Days, 30 Days, 30 Days, 30 Days, Session
www.talent.com GoogleAdServingTest, __gsas Third Party A few seconds, 389 Days

PERFORMANCE COOKIES

These cookies allow us to count visits and traffic sources so we can measure and
improve the performance of our site. They help us to know which pages are the
most and least popular and see how visitors move around the site. All
information these cookies collect is aggregated and therefore anonymous. If you
do not allow these cookies we will not know when you have visited our site, and
will not be able to monitor its performance.

Performance Cookies Cookie Subgroup Cookies Cookies used Lifespan talent.com
_gclxxxx First Party 89 Days

4. Your Control over Our Use of Cookies
Depending on the applicable laws in the country from where you access our
Website, we may need your consent in order to use certain cookies on the
Website, which will be obtained through the use of a cookie consent manager on
such Website. In such a case, you can activate or deactivate cookies we use on
our Website, except for strictly necessary cookies, through the “Cookie
Settings” presented by the cookie consent manager.
Other controls available to our users include:
– Browser and Device Specific Controls
Your browser may provide you the option of blocking cookies, such as third-party
cookies. Some browsers also give you the ability to review and manage cookies
individually. We encourage you to review your browser’s settings and
documentation for additional information on any controls your browser may offer
and how they work. Please note, if you delete from your device or browser any
cookie Talent.com uses on our Website, but do not set your browser or device to
block third-party cookies, we may install the same cookie during a later visit.
Some third-party cookies are also integral to the services we provide on our
Website. By blocking third-party cookies, you may not be able to take advantage
of all of the features we offer.
– Targeted Advertising Opt-outs
You can also opt out of targeted advertising that we do through our third-party
advertising partners, such as Google and Facebook, by visiting resources they
provide (such as Google’s How Google Uses Information from Sites or Apps that
Use Our Services), or by interacting with them through digital advertising
self-regulatory initiatives available in the European Union (Your Online
Choices), United States (Your Ad Choices), and Canada (Your Ad Choices). We may
update this list from time to time as similar initiatives become available in
other markets. We encourage you to visit all of these sites for additional
information about each organization’s approach to targeted advertising, lists of
participating companies, and the options available to web users. Please note,
any third-party opt-outs may require use of a third-party cookie to reflect your
choice and clearing third-party cookies from your browser or device may affect
or remove your choice.
5. Modifications
Talent.com may modify this Cookie Policy at any time. If we do so, we will post
the revised Cookie Policy and update the “Last Updated” date at the top. In case
of material changes, we will also provide you with notice of the modifications,
before the effective date, via email, messaging service or notification on our
Website and/or ask you to explicitly accept the revised Cookie Policy before
your next visit on our Website or mobile application. If you disagree with the
revised Cookie Policy, you should not use our Services and you should cancel you
account. Your continued use of our Services after the effective date of the
proposed changes will constitute acceptance of the revised Cookie Policy.
6. Questions about our Cookie Policy
If you have any questions about this Cookie Policy, contact us at
data-privacy@talent.com.
By clicking “Accept All Cookies”, you agree to the storing of cookies on your
device to enhance site navigation, analyze site usage, and assist in our
marketing efforts.
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