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URL:
https://www.governmentjobs.com/AccessMembership?wantsToUpgrade=true&credential=MHV3ZStlTjNkSDhlbXM5ZUR4N2lWdz090&campaignName=a...
Submission: On September 19 via api from US — Scanned from DE
Submission: On September 19 via api from US — Scanned from DE
Form analysis 5 forms found in the DOM
<form class="form-signin" autocomplete="off" data-bind="submit: login, validationOptions: { insertMessages: false }, autoFill: {}">
<div class="form-header">
<div class="form-signin-heading h1" data-bind="text: revampedDesign ? 'log in' : signInFormHeadingText">log in</div>
<p class="form-subheading">All fields are required</p>
</div>
<a class="pull-right toggle-link" href="#" data-bind="click: $parent.toggleModels" data-role="create-account">Create an account</a>
<div class="standalone-validation-error" role="alert" data-bind="css: {visible: loginErrorMessage() !== ''}, attr:{'tabindex': loginErrorMessage() !== '' ? 0 : -1}" tabindex="-1">
<span class="ss-alert" data-bind="visible: loginErrorMessage() !== ''" style="display: none;"></span>
<span role="alert" data-bind="text: loginErrorMessage"></span>
</div>
<div class="field-container">
<label class="sr-only" data-bind="
attr: {
for: ($parents[1].tabPrefix || '') + 'username-or-email-field',
id: ($parents[1].tabPrefix || '') + 'username-or-email-label'
}" for="popup-username-or-email-field" id="popup-username-or-email-label"> Username or Email </label>
<input type="text" class="input-block-level" name="username" aria-required="true" data-bind="
attr: {
id: ($parents[1].tabPrefix || '') + 'username-or-email-field',
'aria-invalid': username.hasError
},
value: username,
hasFocusOneWay: { observable: firstFieldHasFocus, readOrWrite: 'read' },
valueUpdate: 'afterkeydown',
css : {'validation-error': username.hasError},
placeholder: { text: 'Username or Email', required: true }" placeholder="Username or Email" id="popup-username-or-email-field">
</div>
<!-- ko template: { name: 'Templates/Validation/InlineValidationMessage', data: { field: username, wrap: true } } --><!-- ko if: field.hasError --><!-- /ko --><!-- /ko -->
<div class="field-container">
<label class="sr-only" data-bind="
attr: {
for: ($parents[1].tabPrefix || '') + 'sign-in-password-field',
id: ($parents[1].tabPrefix || '') + 'sign-in-password-label'
}" for="popup-sign-in-password-field" id="popup-sign-in-password-label"> Password </label>
<input type="password" class="input-block-level" name="password" aria-required="true" data-bind="
attr: {
id: ($parents[1].tabPrefix || '') + 'sign-in-password-field',
'aria-invalid': password.hasError
},
value: password,
valueUpdate: 'afterkeydown',
css: { 'validation-error': password.hasError },
placeholder: { text: 'Password', required: true }" placeholder="Password" id="popup-sign-in-password-field">
</div>
<!-- ko template: { name: 'Templates/Validation/InlineValidationMessage', data: { field: password } } --><!-- ko if: field.hasError --><!-- /ko --><!-- /ko -->
<button class="btn btn-large btn-primary btn-app-primary" type="submit" data-bind="busy: isBusy"><span class="text-element">Sign In</span>
<div class="loading-element" style="display: none;"><img src="/Content/Images/Indicators/load.gif" alt="Saving..." title=" "></div>
</button>
<div class="links">
<a data-bind="attr: { href: $parents[1].recoverUserNameUrl }" data-role="recover-username" href="/OnlineApplication/User/RecoverUserName">Forgot username</a>
<span class="links-divider">| </span>
<a data-bind="attr: { href: $parents[1].resetPasswordUrl }" data-role="reset-password" href="/OnlineApplication/User/ResetPassword">Reset password</a>
<!-- ko if: $parents[1].helpAndSupportUrl --><!-- /ko -->
</div>
</form>POST /Oauth/Login?ReturnUrl=https%3A%2F%2Fwww.governmentjobs.com%2FAccessMembership%3FwantsToUpgrade%3Dtrue%26credential%3DMHV3ZStlTjNkSDhlbXM5ZUR4N2lWdz090%26campaignName%3Daccess-membership-emails-14-01-2021%26campaignSource%3Demail%26campaignMedium%3Demail%26campaignContent%3DContentTypeA
<form method="post" class="form-external-signin" data-bind="attr: { action: signInUrl }"
action="/Oauth/Login?ReturnUrl=https%3A%2F%2Fwww.governmentjobs.com%2FAccessMembership%3FwantsToUpgrade%3Dtrue%26credential%3DMHV3ZStlTjNkSDhlbXM5ZUR4N2lWdz090%26campaignName%3Daccess-membership-emails-14-01-2021%26campaignSource%3Demail%26campaignMedium%3Demail%26campaignContent%3DContentTypeA">
<p class="external-login-button-list">
<button class="btn-social ss-facebook external-login-facebook" type="submit" aria-label="Log in using your Facebook account" data-bind="click:loginFacebook">Facebook</button>
</p>
</form><form class="form-signin" autocomplete="off" data-bind="submit: login, validationOptions: { insertMessages: false }, autoFill: {}">
<div class="form-header">
<div class="form-signin-heading h1" data-bind="text: revampedDesign ? 'log in' : signInFormHeadingText">log in</div>
<p class="form-subheading">All fields are required</p>
</div>
<a class="pull-right toggle-link" href="#" data-bind="click: $parent.toggleModels" data-role="create-account">Create an account</a>
<div class="standalone-validation-error" role="alert" data-bind="css: {visible: loginErrorMessage() !== ''}, attr:{'tabindex': loginErrorMessage() !== '' ? 0 : -1}" tabindex="-1">
<span class="ss-alert" data-bind="visible: loginErrorMessage() !== ''" style="display: none;"></span>
<span role="alert" data-bind="text: loginErrorMessage"></span>
</div>
<div class="field-container">
<label class="sr-only" data-bind="
attr: {
for: ($parents[1].tabPrefix || '') + 'username-or-email-field',
id: ($parents[1].tabPrefix || '') + 'username-or-email-label'
}" for="popup-username-or-email-field" id="popup-username-or-email-label"> Username or Email </label>
<input type="text" class="input-block-level" name="username" aria-required="true" data-bind="
attr: {
id: ($parents[1].tabPrefix || '') + 'username-or-email-field',
'aria-invalid': username.hasError
},
value: username,
hasFocusOneWay: { observable: firstFieldHasFocus, readOrWrite: 'read' },
valueUpdate: 'afterkeydown',
css : {'validation-error': username.hasError},
placeholder: { text: 'Username or Email', required: true }" placeholder="Username or Email" id="popup-username-or-email-field">
</div>
<!-- ko template: { name: 'Templates/Validation/InlineValidationMessage', data: { field: username, wrap: true } } --><!-- ko if: field.hasError --><!-- /ko --><!-- /ko -->
<div class="field-container">
<label class="sr-only" data-bind="
attr: {
for: ($parents[1].tabPrefix || '') + 'sign-in-password-field',
id: ($parents[1].tabPrefix || '') + 'sign-in-password-label'
}" for="popup-sign-in-password-field" id="popup-sign-in-password-label"> Password </label>
<input type="password" class="input-block-level" name="password" aria-required="true" data-bind="
attr: {
id: ($parents[1].tabPrefix || '') + 'sign-in-password-field',
'aria-invalid': password.hasError
},
value: password,
valueUpdate: 'afterkeydown',
css: { 'validation-error': password.hasError },
placeholder: { text: 'Password', required: true }" placeholder="Password" id="popup-sign-in-password-field">
</div>
<!-- ko template: { name: 'Templates/Validation/InlineValidationMessage', data: { field: password } } --><!-- ko if: field.hasError --><!-- /ko --><!-- /ko -->
<button class="btn btn-large btn-primary btn-app-primary" type="submit" data-bind="busy: isBusy"><span class="text-element">Sign In</span>
<div class="loading-element" style="display: none;"><img src="/Content/Images/Indicators/load.gif" alt="Saving..." title=" "></div>
</button>
<div class="links">
<a data-bind="attr: { href: $parents[1].recoverUserNameUrl }" data-role="recover-username" href="/OnlineApplication/User/RecoverUserName">Forgot username</a>
<span class="links-divider">| </span>
<a data-bind="attr: { href: $parents[1].resetPasswordUrl }" data-role="reset-password" href="/OnlineApplication/User/ResetPassword">Reset password</a>
<!-- ko if: $parents[1].helpAndSupportUrl --><!-- /ko -->
</div>
</form>POST /Oauth/Login?ReturnUrl=https%3A%2F%2Fwww.governmentjobs.com%2FAccessMembership%3FwantsToUpgrade%3Dtrue%26credential%3DMHV3ZStlTjNkSDhlbXM5ZUR4N2lWdz090%26campaignName%3Daccess-membership-emails-14-01-2021%26campaignSource%3Demail%26campaignMedium%3Demail%26campaignContent%3DContentTypeA
<form method="post" class="form-external-signin" data-bind="attr: { action: signInUrl }"
action="/Oauth/Login?ReturnUrl=https%3A%2F%2Fwww.governmentjobs.com%2FAccessMembership%3FwantsToUpgrade%3Dtrue%26credential%3DMHV3ZStlTjNkSDhlbXM5ZUR4N2lWdz090%26campaignName%3Daccess-membership-emails-14-01-2021%26campaignSource%3Demail%26campaignMedium%3Demail%26campaignContent%3DContentTypeA">
<p class="external-login-button-list">
<button class="btn-social ss-facebook external-login-facebook" type="submit" aria-label="Log in using your Facebook account" data-bind="click:loginFacebook">Facebook</button>
</p>
</form><form data-bind="submit: acceptTermsAndPrivacyPolicy">
<div class="checkbox-set css3-checkbox row">
<span class="labelled-input" data-bind="css: { 'validation-error': hasAcceptedTerms.hasError }">
<input aria-labelledby="terms-accept" aria-required="true" id="accept-terms" type="checkbox" value="0" data-bind="
checked: hasAcceptedTerms,
validationMessage: {
field: hasAcceptedTerms,
validationMessageId: 'accept-terms-field-error-message'
}">
<label for="accept-terms" id="terms-accept"> I accept the Privacy Policy and Terms of Use. (<span class="required">required</span>) </label>
</span>
<!-- ko template: {
name: 'Templates/Validation/InlineValidationMessage',
data: { field: hasAcceptedTerms, validationMessageId: 'accept-terms-field-error-message' }
} -->
<!-- /ko -->
</div>
<div class="btn-container">
<button id="decline-button" data-bind="click: declineTermsAndPrivacyPolicy" class="btn btn-large btn-primary btn-app-secondary"> Decline </button>
<button id="accept-button" type="submit" data-bind="busy: isBusy" class="btn btn-large btn-primary btn-app-primary"> Confirm </button>
</div>
</form>Text Content
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ACCESS MEMBERSHIP
Given the amount of time that we spend working, finding a job that's a good fit
is critical. Whether that means being fulfilled, ensuring work-life balance, or
securing a position with growth opportunities, a GovernmentJobs.com Access
Membership is designed to help you make your job search easier. By providing
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different agencies so you can see where positions pay the most
* Access valuable content including interview questions and resume samples
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We've updated our Privacy Policy and Terms of Use. Please, read and accept
changes.
Effective date: June 29, 2021
GOVERNMENTJOBS.COM, INC. PRIVACY POLICY
CONTENTS
1. 1.Introduction
2. 2.About this Policy
3. 3.Information We Collect About You
4. 4.Our Use of Your Information
5. 5.Information We Disclose
6. 6.Your Data Rights
7. 7.Retention and Removal
8. 8.Cookies and similar Tracking Technologies; “Do Not Track”
9. 9.Information Security and Integrity
10. 10.Information on Children
11. 11.Your California Privacy Rights
12. 12.Your Nevada Privacy Rights
13. 13.Your Rights and Control under EU GDPR
14. 14.Right to Revise
15. 15.Contact Details
16. 16.Privacy Contacts
INTRODUCTION.
Governmentjobs.com, Inc. (DBA “NEOGOV” and referred to herein as “we”, or “us”)
is committed providing transparency regarding use of your information. We
collect personal information by lawful and fair means with your knowledge and
where appropriate, your consent. We consider information privacy throughout our
product lifecycle - from inception, to production, and ongoing support.
The principal purpose of this Privacy Policy (the “Policy”) is to describe how
we collect, use, protect, and disclose personal information online and offline
but excluding services that state that they are offered under a different
privacy policy.
ABOUT THIS POLICY.
By using any part of the Services you agree that your information will be
processed as described in this Policy and you have read and agree to be bound by
this Policy. Please note, this Privacy Policy does not apply to information
collected by our partners, sites that link to or are accessible from our
Services, and employers that utilize our Services (our “Customers”) that have
their own privacy policies you may be subject to.
This Privacy Policy is incorporated into the Governmentjobs.com Terms of Use.
Definitions not explicitly defined herein shall retain the meaning as prescribed
in the Terms of Use. Any dispute related to privacy is subject to the Terms of
Use and this Policy, including limitations on liability. If you disagree with
this Policy or NEOGOV’s Terms of Use, please do not use our Services.
INFORMATION WE COLLECT ABOUT YOU.
We require certain personal information in order to provide you Services,
automatically collect information during your usage, and collect other
information about you from other sources. The information we collect depends on
the context – who “you” are in a given interaction and how you are using our
services. In this Section we set out general categories of personal information
and data we may collect and process.
Information Provided by You
We collect information from you directly when you visit our Services from either
your computer, mobile phone, or other device. For example, certain information
we collect is necessary to provide the Services to you or our Customers, such as
the information collected with you create an account, submit a job application,
or information used to interact with you regarding support or inquiries about
our Services. We also collect information from you to register for text message
or email communications, or when communicate through the Services. The
categories of information we collect include the following:
Inquiry and Contact Data. We process information contained in or relating to any
inquiry and contact information you submit to us regarding the Services,
support, in response to a survey, or interaction with our sales team, including:
name; email; phone number; address and related contact data. If you are a
Customer or one of our partners, we collect Contact Data of primary users or
designated contacts to administer the relationship or for other specified
purposes.
Account Data. We may process your account data which may include your account
credentials, email address, and account activity or other security related
information.
Job Application and Profile Data. We may process personal information within the
job applications you send to employers who use our Services, as well as
information processed on our Services throughout the relationship you maintain
with that employer. Typical personal information found in a job application or
within a user Profile may include name, address, e-mail, telephone number,
resume, driver’s license, work experience and performance data, education
history, age, gender, race, information related to your health or financial
information, marital status, military or veteran status, your signature, or and
any other supplemental information added at your discretion or requested by an
employer.
Transaction and Billing Data. We allow payment processing companies to process
information relating to transactions, including purchases of Services, that you
enter on the Services or payment processor website, or to facilitate processing
of payroll and tax services. If you make an online payment to us through a
payment processing company, we require you to provide your billing details, a
name, address, email address and financial information corresponding to your
selected method of payment (e.g. a credit card number and expiration date or a
bank account number).
Voice Data. With your permission we collect voice recordings when you interact
with our support teams to diagnose issues, our product teams to improve our
services, our implementation teams during implementation of our Services, and
our sales teams while providing demos of our Services.
Biometric Data. We collect fingerprints to identify who you are when you punch
in and out on our timeclocks, for example, when you place or your finger or hand
on the timeclock’s scanner. If our Customer uses biometric scanning on a
timeclock, we may create data using a mathematical algorithm based off your
fingerprint and store that Biometric Data. For more information regarding our
use of Biometric data, please see our Biometric Data Notice.
Publication Data. We may process information that you post for publication on
our website or through our Services (e.g., feedback comments, information you
provide to our support teams, videos, photographs, images).
Contests and Survey Data. When you complete any forms, respond to a survey or
questionnaire, or participate in a contest, we collect the personal data you
provide.
Resume Data. We collect information to evaluate you for a job opening with us,
including your name, employment and education history, and references.
You may voluntarily submit other information to us through our Services that we
do not request, and, in such instances, you are solely responsible for such
information.
Information Collected Automatically
With the help of our Service Providers, we also automatically collect
information about you and your device and how you interact with our Services.
Categories of information collected automatically include the following:
Usage Data. We may process data about your use of our Services. This information
may include webpages visited, what you click on, features you use, how often and
when you use features, e-mails you view, and the Services you purchase.
Location Data. We collect data about your device’s location by tracking the IP
address or data that indicates a country, state, city or postal code. Where a
Customer utilizes our time clocks, we collect precise location data
(latitude/longitude) of the timeclock you use to punch in and out of your work
shifts.
Device Data. We may process information about your device or how you access our
Services. Device Data may include Internet protocol (IP) address, browser type,
device type, software and hardware attributes, your operating system, system and
performance information, cookie date/time stamp, and search terms entered on the
site.
Tracking Data. We use tracking services that employ logs, cookies, pixel tags,
and embedded scripts to collect user statistics and usage about visitors of our
Services and receipt of communications.
Log Data. Our servers maintain log files that document events that occur during
interaction with our Services and servers. Logs include information about the
nature of each access, IP address, ISP, files viewed, content changes in certain
cases, operating systems, device type and timestamps.
Cookie Data. We use cookies to improve your online experience and tailor content
to you. For more information on Cookies see the “Cookies” section below.
Pixel Tags. We use pixel tags (aka “web beacons”) in combination with cookies
that are embedded in our emails and webpages. Pixel tags send information about
your use to our servers.
Embedded Scripts. We use embedded scripts to collect information about how you
interact with our Services.
Information from Other Sources
We also receive information about you from other sources. For example, we
receive information about the status of background checks you participate in,
updates from payment processors regarding your purchases, receipts and analytics
for text communications you send and receive, and information you provide to, or
automatically collected by, our hosting providers.
Categories of information collected from other sources include the following:
Partners. We collect and use information collected by integrators and from
partners for joint product and marketing opportunities. This information may
include Account, Transaction, Billing, Profile, and Tracking Data. Integrations
may include payment processing companies, background check and online assessment
providers, communication providers, performance or analytics providers, or HR
related services employers choose to integrate with our Services.
Public sources. We collect information from publicly accessible websites and
government sources.
Data brokers. We purchase additional contact data to supplement and correct the
Contact Data we collect.
OUR USE OF YOUR INFORMATION.
We collect and process information in order to fulfill our contractual
responsibility to deliver the Services, fulfill your requests, pursue our
legitimate interests and our business and commercial purposes. Your information
will only be collected and used for purposes stated herein, where you provide
additional consent, or as required by law or regulation - including national
security or law enforcement requirements. Our purposes for using your
information, including over the past year, consist of the following:
* to process and manage our Services including to facilitate your use of such
Services, maintain your user preferences, to help others find your profile
and make your profile viewable by potential employers, transfer your job
applications to potential employers (NEOGOV’s Customers), post for
publication on the Services, and facilitate HR processes
* to communicate with you and send you information as part of the Services
regarding your requests for information, contests you entered into,
newsletters and surveys, technical notices, security alerts, support and
administrative messages, significant updates to the Services or policies, as
well as relevant notifications regarding your account or job application, job
suggestions, or the status of your background check or assessment (to learn
how to manage these communications, see “Your Data Rights” below)
* allow our Customers, their personnel, and job applicants to communicate with
one another
* marketing our products and features (for as long as you do not opt-out),
measure the performance of email messaging and promotional campaigns, learn
how to improve email deliverability and open rates, and improve our business
activities
* to provide support, troubleshoot and diagnose problems with our Services or
servers, fix bugs, ensure the security of our Services, maintain back-ups of
our databases, optimize the Services for particular devices and browsers, and
ensure the Services are accessible
* make improvements, enhancements, or modifications to the Services through
data analysis and research of usage trends, feedback sessions, and analysis
of enhancements contained in or relating to any communication you send us
* make payments through the Services, bill you for use of our Services (if
applicable), send notices regarding status of payments, forward payroll and
tax information to partners to facilitate processing, and to ensure the
Services you pay for those you have access to
* track your preferences and behavior to identify and understand trends in the
various interactions with our services and internal system administration,
determine country of origin, identify clickstreams that led you to our
Services, and make personalized recommendations of relevant job
opportunities, features, and other content
* ensure you can use our Services in conjunction with other services and
facilitate your use of integrations
* to verify your identity or confirm your location
* to conduct research on social, economic and public sector hiring trends
* fulfill other business activities at your direction
* to respond to legal requests or prevent fraud, enforce our legal agreements
where applicable, prevent potentially illegal activities, and screen for and
prevent undesirable or abusive activity
We also use your information with your consent, including the following:
* make personalized recommendations of content and features
* to help others find your profile and make your profile viewable by potential
employers and transfer your job applications to employers
* communicate with you and send you information as part of the Services
regarding your requests for information, contests you entered into,
newsletters and surveys, significant updates to the Services or policies, as
well as relevant notifications regarding your account or job application, or
the status of your background check or assessment. Please note, you cannot
opt-out of receiving service messages from us, including security and legal
notices.
We use your data to derive data that does not identify you in order to provide
Customers with useful and relevant insights, build features, improve our
Services and to develop de-identified data services. For instance, we combine
information about you from your use of the Services with other information to
make inferences about your job opportunities or Customer HR processes. We may
produce the insights with the help of independent sources and processors. This
Privacy Policy does not apply to non-personal information or instances where we
aggregate or de-identify personal information.
INFORMATION WE DISCLOSE.
We share information with other parties for the purposes stated herein or as
required by law. The following categories are the entities we’ve shared
information with, including over the past year.
Employers
We disclose information to employers that utilize our services. For instance,
when a job seeker makes their profile information searchable within our Services
or responds to a job posting, we will share information with employers in order
to facilitate the job search and hiring process. If your current or former
employer uses one of our Services, information you input into the Services is
accessible by that employer’s end users - subject to the security and access
controls set up by the employer.
Please note: Job applications and other information submitted to employers are
generally controlled and managed by the employer. In those instances NEOGOV is
processing that information on behalf of the employer - our Customer. Our legal
obligations as a processor are set out in our Customer contracts and policies.
If you apply to a job, make your profile viewable to employers, provide
information to show interest in a job, or reply to a message from an employer
using our Services, you consent to disclosing your information to that employer
for their personnel to complete recruitment and hiring processes, contact you
for current or future job opportunities, and respond to your support, product,
and transaction inquiries. This Policy does not describe the processing of your
information by our Customers, and we encourage you to visit the applicable
Customer’s privacy policy for information about their privacy practices. Any
questions you may have relating to the information processing by our Customers
and your rights related to that processing should be directed to the agency you
applied to or your employer that utilizes NEOGOV services.
Affiliates
We disclose information to our affiliates with our Customer’s consent in order
to facilitate any Service transition or implementation services.
Service Providers
We share information with services providers hired to provide services on our
behalf. For instance, we use service providers to facilitate our support
services, data security, email, web hosting, credit card payments, deliver and
help us track our marketing and advertising content, deliver payroll processing
and disbursements, coordinate our customer conferences, and manage our sales and
customer relations. We share information with analytics and advertising
companies that may act as our processor and a controller in other instances. We
work with other entities to perform research, under controls that are designed
to protect your privacy. We publish or allow others to publish insights,
presented as aggregated, de-identified, or non-personal data. Where we share
information with a party that is not our service provider, such sharing is
either at your direction or the direction of our Customers. For example, we
share information if you or a Customer chooses to use an integration in
conjunction with our Services, to the extent necessary to facilitate that use.
Integrations may include payment processing companies, background check and
online assessment providers, communication providers, or other independent
services Customer chooses to utilize our open API with.
We may share non-personal information with affiliated partners and use machine
learning techniques on tracking and metadata in order to provide Customers with
useful insights from the data they collected using Services, to build or enhance
features, improve Services, and improve infrastructure and security.
We do not sell information in the traditional sense; however, should an activity
we undertake constitute a “sale” under the expanded definition of “sale” within
the California Consumer Privacy Act, California consumers have the right to
opt-out of the sale of your personal information. Please see “Your Data Rights”
and “Your California Privacy Rights” for more information on how to exercise
your right to optout.
Other parties when you give your consent
We may also share personal information where you provide your consent or post
your information publicly. Where required by law, additional consent is obtained
before personal information is transferred to us or forwarded to other parties.
For example, we share information with background check providers if a job
applicant consents and we are instructed to do so by our Customers.
During your use of the Services you may have the opportunity to visit or link to
other websites, including websites by third parties unaffiliated with us. We
have no relationship or control over unaffiliated websites. These websites might
collect personal information about you, and you should review the privacy
policies of such other websites to see how they treat your personal information.
Use of such websites are at your own risk.
Mergers, Acquisitions, Dissolutions
We may transfer or disclose information to another entity who acquires or may
acquire any or all of our business units, whether such acquisition is by way of
merger, consolidation or purchase of all or a substantial portion of our assets,
or bankruptcy.
Other third parties where required by law
We also share personal information or data in order to: meet any applicable law,
regulation, legal process or enforceable governmental request; enforce
applicable policies, including investigation of potential violations; detect,
prevent, or otherwise address fraud, security or technical issues; protect
against harm to the rights, property or safety of our users, the public or to
NEOGOV and/or as required or permitted by law; protect your vital interests or
the vital interests of another natural person; and where disclosure is necessary
for establishment, exercise or defense of legal claims or where there is
reasonable belief that disclosure is required by law or regulations
YOUR DATA RIGHTS.
You can review and enforce your personal information rights through your
account, communications you receive from us, third party mechanisms, or with the
assistance of our support team.
Our Services incorporate privacy controls which allow you to specify and limit
how we process your information, as well as update and remove information we
retain about you.
For instance, to place limits on which Customers can preview your profile, log
into your account on https://www.governmentjobs.com and go to your account
settings. Job seekers can utilize similar privacy controls on a per Customer
basis in each Career Page account created.
In certain circumstances you have the right to have inaccurate personal
information about you rectified. You can modify or delete personal information
within your account at any time by logging in to your applicable account and
following the prompts to either “update my profile” or “delete my profile.”
You can change your email preferences to control notifications you receive from
us and Customers or unsubscribe from a notification by following instructions
contained within the notification itself, your account settings, or using your
email provider preferences. SMS text messages will be sent to you strictly in
accordance with your preferences, and only after you have explicitly opted in.
If you change your mind at any time, and no longer wish to receive SMS text
messages, reply to a message with the word “OPTOUT” in all capital letters.
Afterwards, should you choose to begin receiving messages again, reply with the
word “OPTIN” in all capital letters. Job seekers may also control their receipt
of SMS text messages through their job seeker Account preferences, by contacting
the Customer the text message pertains to, or by notifying support
at support@GovernmentJobs.com.
You can restrict cookies by using your cookie manager settings.
You may have the right to confirmation as to whether or not we process your
personal information and, where we do, access to the personal information. To
see whether information on you is retained on our servers, please click
here. Certain users are entitled to request copies of their personal information
held by us. You can print a copy of your Profile information using your web
browser and download your attachments at any time by logging into your account
and following the download process.
For inquiries related to resetting your account, or if you believe someone else
has gained access to your account or provided us your contact information,
please contact support at: support@GovernmentJobs.com. If you have a valid data
subject request, including a request to restrict or limit our use of your
information, you may either contact support at privacy@governmentjobs.com or
fill out a Data Subject Request Form if available.
To the extent the basis for our processing of your personal information is
consent, you have the right to withdraw that consent at any time by using the
privacy controls in your settings, within certain contacts you receive, by
deleting personal information within your Profile, or by deleting your account.
If you revoke your consent by deleting your account, your Profile will be
removed from our job seeker server; however, revoking your consent will not
remove applications you previously submit to employers or our aggregated,
de-identified, or non-personal data.
Your data rights for information you submit to our Customers
Upon submission of a job application or making your information available to an
employer (our Customer) , your information is controlled by that employer. In
this regard, we are a data processor for personal information employers’
maintain in our servers, and we maintain limited rights to such data as
permitted by our Customers’, to process as necessary to deliver the Services or
support to Customers’, ensure safety and security of our Services, where
necessary to protect our interests or the public interest, or as required by
law.
For these reasons, we are not in a position to directly handle data requests for
data controlled by Customers. Customers may store personal information they
receive from you on our servers or their own storage facilities. Customers
control the types of personal information requested from you, how it’s used, who
can access it, and how long they retain this personal information. Your data
rights are subject to Customer internal policies and applicable law. You should
contact the Customer regarding personal information they may hold about you and
to exercise any data rights you may have. We will cooperate with such inquiry to
the extent it is permitted under our confidentiality and privacy obligations.
RETENTION AND REMOVAL.
We retain your personal information for as long as your account is considered
active, to provide you or our Customers our services, meet regulatory
requirements, resolve disputes, investigate security incidents, prevent fraud
and abuse, protect your vital interests or the vital interests of another
natural person, enforce our contractual agreements, or fulfill your request to
“unsubscribe” from messages or exercise your data rights
Our retention policies and procedures are designed to help ensure our compliance
with legal obligations and allow Customers to comply with their own record
retention requirements. We implement retention controls within the Services that
Customers utilize to control their data retention periods. The Customer
determines when the purpose of personal data about their employees has been
fulfilled. The Customer has the means to permanently destroy personal data about
their employees.
For personal information we determine the purposes for and means by which it is
processed, such information will not be kept for longer than necessary for the
purpose, when no longer relevant, or upon permissible request, and will be
appropriately disposed in a manner designed to ensure it cannot be reconstructed
or read.
Upon deletion of a job seeker account or any data point within the job seeker
account, it will be removed from our job seeker database; however, your data may
persist elsewhere, such as applications you previously submit to Customers will
persist until Customer disposal. Job seekers should contact the Customer they
sent the application to if they seek enforcement of eligible data rights in that
application. We may retain de-identified information after your account has been
closed.
COOKIES AND SIMILAR TRACKING TECHNOLOGIES; “DO NOT TRACK”
A cookie is a file containing an identifier (a string of letters and numbers)
that is sent by a web server to a web browser and is stored by the browser and
device you use to access our Services. The identifier is then sent back to the
server each time the browser requests a page from the server.
Cookies may be either “persistent” cookies or “session” cookies. A persistent
cookie will be stored by a web browser and will remain valid until its set
expiry date, unless deleted by the user before the expiry date; a session
cookie, on the other hand, will expire at the end of the user session, when the
web browser is closed.
We and our partners use cookies on our Services. Insofar as those cookies are
not necessary for the provision of our Services, or the legitimate interests of
delivering and optimizing our Services, we receive your consent to use of
cookies when you first visit our Services. When your browser or device allows
it, we use both session cookies and persistent cookies for the following
purposes:
* Authentication to identify you when you visit our Services, as you navigate
our Services, to confirm whether you are currently logged in, and determine
if an occurrence affects you.
* Metrics to determine how you use the Services, what features you utilize and
how often, how much time you spend on the Services and features, and other
details about the hiring and HR process. This data is aggregated and
anonymized.
* Personalization to store information about your preferences and personalize
our Services to you, including to supply Customers with details about their
hiring processes, and provide job recommendations to job seekers and
Customers based on their past interest.
* Security to protect user accounts, including preventing fraudulent use of
login credentials and to protect our Services generally.
* Advertising and feedback to determine whether our advertising and feedback
inquiries are received, opened, if the content or campaign is effective, and
to provide you more specific content about Services we or our partners offer.
* Analysis to help us analyze the use and performance of our Services, and
display different versions of features or content, all of which helps us
determine what parts of our Services need improvement and which ones you
enjoy most (which may include marketing content).
* Google Analytics and Adsense to analyze the use of our Services and publish
advertisements. Google’s use of advertising cookies enables it and its
partners to serve ads to your users based on their visit to your sites and/or
other sites on the Internet. You may opt out of personalized advertising by
visiting Ads Settings.
* You can opt out of vendor use of cookies for personalized advertising by
visiting www.aboutads.info. In addition, most browsers allow you to refuse to
accept or delete cookies. The methods for doing so vary from browser to
browser. Please refer to your browser instructions on how to manage your
cookies. Blocking all or some cookies may have a negative impact upon the
usability of the Services, and there is no industry consensus as to what site
operators should do with regard to these signals. Accordingly, unless and
until the law is interpreted to require us to do so, we do not respond to the
browser “Do Not Track” signal if enabled by the end user in their web
browser. When other parties we integrate with set or read their own cookies,
they may or may not respond to the DNT signal.
Other data gathering mechanisms, such as web beacons, HTML Storage Objects, and
web tags, are used by us and our service providers to gather more specific
information on your use. A web beacon (also called a web bug or clear GIF) is a
graphic on a webpage or in an email message that is designed to monitor who is
reading the page or message. Web beacons are often invisible because they are
typically only 1-by-1 pixel in size. Web beacons are often used alongside
cookies to track activity. Web beacons may be used to add information to a
profile about a site visited, provide an independent accounting of how many
people have visited a website, gather statistics about usage, among other
things. HTML Storage Objects are program code that collects information about
your activity on our Services. The HTML is temporarily downloaded onto your
device while you are connected to our Online Services.
DATA SECURITY AND INTEGRITY.
We implement physical, technical, and administrative safeguards designed to
maintain data accuracy, integrity, and security, prevent unauthorized access,
and facilitate correct use of personal information. These safeguards include
limiting access to data, storing personal information on secure servers and
computers, encrypting personal information at rest and in transit, periodically
testing our security technology, and training our employees in information
security.
In addition, we seek to maintain contractual data security, confidentiality, and
privacy obligations with our partners and vendors, and our employees that have
access to personal information are subject to access, use, and confidentiality
policies. Only authorized employees with a reasonable need related to their job
duties have access to Customer and job seeker personal information. Employees
who violate our policies are subject to disciplinary action, up to and including
termination.
Although we maintain the controls listed herein, transmission of data is not
without risk and we complete security of your information cannot be guaranteed.
Please note, you are responsible for keeping your username and password secret
at all times.
In the event we believe the security of your personal information in our
possession or control may be compromised, we may seek to notify you by e-mail
and you consent to our use of e-mail as a means of such notification.
INFORMATION ON CHILDREN.
These Services are not directed at children under the age of thirteen (13) and
we do not knowingly collect personal information from children under the age of
thirteen (13). If we become aware that we have inadvertently received personal
information from a person under the age of thirteen (13), we will delete the
information from our records. If you believe that we have collected personal
information from a child under 13 without parental consent, you may report this
to us at privacy@governmentjobs.com.
If you are a California resident under 18 years old, you have the right to
remove information you have posted to our Services. Please contact us at
privacy@governmentjobs.com and describe what information you’ve posted that you
now want removed. We will use reasonable efforts to remove such information in
compliance with the law and our other obligations stated herein. We do not sell
the personal information of consumers we actually know are less than 16 years of
age, unless we receive affirmative authorization from either the consumer who is
at least 13 but not yet 16 years of age, or the parent or guardian of a consumer
less than 13 years of age.
YOUR CALIFORNIA PRIVACY RIGHTS.
If you are a California resident, you have additional data rights including:
* Right to notice of collection
We’ve provided details on what information is collected about you in Section
4 “Information We Collect About You”. However, to ensure compliance with
CCPA, the following categories of information as defined by the CCPA have
been collected over the past year:
* Direct identifiers such as your name, User ID, and email.
* Commercial information such as your transactions and purchases.
* Employment and education history information including when you submit a
job application through our services or apply to a job at NEOGOV.
* Demographic data including your race, ethnicity, gender, marital status and
any other demographic information requested by our Customers.
* Internet or other electronic network activity including your search history
on our job board, analytics regarding your use, and device identifiers for
location and security.
* Audio and electronic data including your signature and voice recordings
collected with your consent while speaking to our support, sales, or
product teams.
* Information inferred and derived from other categories to determine your
preferences and trends.
* Right to notice of your data rights
* Right to opt out of sale (“Do Not Sell My Information”)
NEOGOV allows select companies to place tracking technologies like cookies on
our sites, which allow those companies to receive information about your
activity on our Services. The companies may use that data to serve you more
relevant ads on our sites or others. Sharing data for online advertising like
this may be considered a “sale” of information. California consumers have a
right to opt-out of these sales. You have control over whether these
technologies work on your devices. You can disable them using browser Do Not
Track features or Cookie Settings provided by us.
* Right to know the categories of personal information collected about you and
the business or commercial purpose of collection, the categories of
collection methods and sources, categories of entities your information is
sold or disclosed for a business purpose or disclosed to third parties for a
business purpose - as well as the purpose of such disclosure (provided in the
preceding sections of this Privacy Policy)
* Right to access certain specific data fields stored about you and the right
to delete such data
* Right to non-discrimination by us for the exercise of any of your rights. on
price or our Services based on your exercise of data rights
* Right to have an authorized agent exercise your rights on your behalf. Note
that we will require written proof of the agent’s permission to do so and
will verify your identity directly.
To exercise these rights, you can either contact our support team at
privacy@governmentjobs.com. If you exercise your rights through emailing our
support teams, please title the email “California Privacy Rights Request”, and
within the body of the email specify what right you seek to invoke. Please note,
if we cannot verify your identity we may deny certain data right requests.
You can designate an authorized agent to submit requests on your behalf, but we
require written proof of the agent’s permission and verify your identity
directly.
California Civil Code Section 1798.83 permits our visitors who are California
customers to request certain information regarding our disclosure of personal
information to third parties for the third parties’ direct marketing purposes.
To make such a request please send a letter to: Governmentjobs.com, Inc., 300
Continental Blvd. Suite 565, El Segundo, CA 90245 Attn: Privacy Department.
Requests must include “California Privacy Rights Request” in the first line of
the description and include your name, street address, city, state, and ZIP
code. Please note Governmentjobs is not required to respond to requests made by
means other than through the provided mail address.
YOUR NEVADA PRIVACY RIGHTS
A sale under Nevada law is the exchange of personal information for monetary
consideration. We do not currently sell personal information as defined under
Nevada law. If you want to submit a request relating to our compliance with
Nevada law, please contact us as at privacy@governmentjobs.com and include the
words “Nevada Rights” in the subject line.
YOUR RIGHTS AND CONTROL UNDER EU GDPR.
Data Controllers and Processors
Our Customers use our Services to post job opportunities, evaluate job
applicants, manage their human resource activities, and train their workforce.
In conducting these activities, the Customer maintains control over what
information is collected, how it is used, how long it is retained, and who it is
disclosed to. For purposes of the EU GDPR, the Customer is considered a data
controller in these respects and NEOGOV is a data processor. In other instances,
such as when NEOGOV uses cookies or sends you Contact about our Services, NEOGOV
will determine the means and purpose of processing.
Lawful Basis for Processing.
For personal information subject to GDPR, we rely on multiple legal bases for
processing, including:
* Consent (which can be revoked by utilizing privacy controls, deleting Profile
or Account Data, or contacting support).
* When processing is necessary to perform a contract (e.g. delivering you the
Services).
* Legitimate business interests such as developing the Services, marketing new
features or products, proper administration of our website and business,
ensuring safety and security.
* Where necessary to protect vital or public interests.
* As required by law.
EU Data Subject Rights
Data subjects in Europe whose information we receive through appropriate
safeguards have legal rights to determine whether we hold personal data about
them, to access personal data we hold about them, and to obtain its correction,
update, amendment, or deletion in appropriate circumstances. In particular, your
rights may include:
* Data Access Rights
* Right to Restrict Processing
* Right of Rectification
* Right to be Forgotten
* Right to Object to Processing
* Right to Withdraw Consent; and
* Data Portability Rights
Some of these rights may be subject to exception and limitation. In any case, we
will respond to your request to exercise these rights within a reasonable time
but no later than within 30 days of receiving a request. To request to exercise
your rights, you may contact us at privacy@governmentjobs.com. Some of the
rights are complex, and you should read the relevant laws and guidance from the
regulatory authorities for a full explanation of these rights. You may also have
the right to make a GDPR complaint to the relevant Supervisory Authority. A list
of Supervisory Authorities is available here:
https://edpb.europa.eu/about-edpb/board/members_en
If you visited our website and you want to exercise any of the above rights
please contact our support team or privacy team at the contacts listed herein.
If your request is for the right to be forgotten as it relates to our use of
cookies, you can achieve this by clearing the cookies in your browser settings.
International Transfers
For personal data transferred from the European Union, the United Kingdom, or
Switzerland, we will provide appropriate safeguards, such as through use of
standard contractual clauses.
Governmentjobs.com, Inc complies with the EU-U.S. Privacy Shield Framework and
the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of
Commerce regarding the collection, use, and retention of personal data from
European Union member countries, the United Kingdom, and Switzerland transferred
to the United States pursuant to Privacy Shield. Governmentjobs.com, Inc has
certified that it adheres to the Privacy Shield Principles with respect to such
personal data. If there is any conflict between the policies in this privacy
policy and data subject rights under the Privacy Shield Principles, the Privacy
Shield Principles shall govern personal data processed in reliance on Privacy
Shield. To learn more about the Privacy Shield program, and to view our
certification page, please visit https://www.privacyshield.gov/.
Governmentjobs.com, Inc. will use appropriate safeguards to comply with the
judgement issued by the Court of Justice of the European Union on July 16, 2020
declaring the EU-U.S. Privacy Shield Framework as invalid.
We will provide an individual opt-out choice, or opt-in for sensitive data,
before we share your sensitive data with third parties other than our agents, or
before we use it for a purpose other than which it was originally collected or
subsequently authorized. To request to limit the use and disclosure of your
personal data, please submit a written request to privacy@governmentjobs.com.
In certain situations, we may be required to disclose personal data in response
to lawful requests by public authorities, including to meet national security or
law enforcement requirements.
Where Governmentjobs.com, Inc. relies on Privacy Shield Principles for onward
transfers of personal data from the EU, the United Kingdom, and Switzerland,
including the onward transfer liability provisions, Governmentjobs.com, Inc.
remains responsible under the Privacy Shield Principles for third-party agents
processing personal data on its behalf.
Where Governmentjobs.com, Inc. receives personal data under the Privacy Shield
and then transfers it to a service provider acting as agent, Governmentjobs.com,
Inc. has certain liability under the Privacy Shield if both (i) the agent
processes the personal data in a manner inconsistent with the
Governmentjobs.com, Inc. and (ii) Governmentjobs.com, Inc. is responsible for
the event giving rise to the damage. With respect to personal data received or
transferred pursuant to the Privacy Shield Framework, Governmentjobs.com, Inc.
is subject to the investigatory and enforcement powers of the U.S. Federal Trade
Commission.
Governmentjobs.com’s accountability for personal data that it receives in the
United States under the Privacy Shield and subsequently transfers to another
party is described in the Privacy Shield Principles. In particular, where where
Governmentjobs.com transfers personal data in reliance on Privacy Shield,
Governtmentjobs.com, Inc. remains responsible and liable under the Privacy
Shield Principles if any agents that it engages to process personal data on its
behalf do so in a manner inconsistent with the Principles, unless
Governmentjobs.com proves that it is not responsible for the event giving rise
to the damage.
In compliance with the Privacy Shield Principles, Governmentjobs.com, Inc
commits to resolve complaints about your privacy and our collection or use of
your personal data transferred in reliance on Privacy Shield to the United
States pursuant to Privacy Shield. European Union and Swiss individuals with
Privacy Shield inquiries or complaints should first contact Governmentjobs.com
by email at privacy@governmentjobs.com.
Governmentjobs.com, Inc. has further committed to refer unresolved privacy
complaints regarding personal data transferred in reliance on Privacy Shield
Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY
SHIELD. If you do not receive timely acknowledgment of your complaint, or if
your complaint is not satisfactorily addressed, please visit
https://bbbprograms.org/privacy-shield-complaints for more information and to
file a complaint. This service is provided free of charge to you.
Governmentjobs.com, Inc. has further committed to cooperate with the panel
established by the EU data protection authorities (DPAs) and the Swiss Federal
Data Protection and Information Commissioner (FDPIC) with regard to unresolved
Privacy Shield complaints concerning human resources data transferred from the
EU, the United Kingdom, and Switzerland in reliance on Privacy Shield and in the
context of the employment relationship.
If your Privacy Shield complaint cannot be resolved through the above channels,
under certain conditions, you may invoke binding arbitration for some residual
claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at
https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
RIGHT TO REVISE.
We reserve the right to revise our Privacy Policy to reflect changes in our
online information practices or to comply with the law by publishing a new
version on our website. In circumstances where we materially change the way in
which we collect or use personal information, we materially change the terms of
this Privacy Policy, or where personal information is no longer used
consistently with a previously named purpose, we will provide notice and publish
the new version on our website.
You should periodically check this page to remind yourself of the rights herein.
CONTACT DETAILS.
This website is owned and operated by Governmentjobs.com, Inc. (DBA “NEOGOV”).
Our principal place of business is at 300 Continental Blvd., El Segundo, CA
90245. You can contact us by email, telephone, or regular mail using the contact
information listed herein.
PRIVACY CONTACTS.
If at any time you have questions or concerns about this Privacy Policy, please
feel free to e-mail us at the appropriate contact relative your jurisdiction:
United States:
privacy@governmentjobs.com
(310) 426-6304
European Union:
Data Protection Manager at dpo@governmentjobs.com
Users who have a visual disability may be able to use a screen reader or other
text-to-speech tool to review the contents of this Privacy Policy. If you
experience any difficulties assessing the information here or you wish to obtain
a copy of this Privacy Policy, please contact us using the details above.
GOVERNMENTJOBS.COM, INC. Terms of Use
Effective date: September 24, 2020
The following terms and conditions, together with any documents they expressly
incorporate by reference are the terms (collectively, these “Terms of Use”),
under which all job seekers, employers or other users (“you”) may use the NEOGOV
Services including any content or functionality offered on or through websites
under our control, including www.neogov.com, www.governmentjobs.com, the
subdomains and subdirectories of each and any Add-On Service purchased within a
website (collectively referred to as the “Services” for purposes of this Terms
of Use), but excluding services that explicitly state they are subject to
different terms and conditions. These Terms of Use are entered into by and
between you and Governmentjobs.com, Inc. (referred to as “NEOGOV”, “we”, or
“us”).
Excluding purchases of Add-On Services, if you are an employer that holds a
separately negotiated commercial contract with us (our “Customer”) that
explicitly supersedes or prohibits any end user license or online terms of use,
the terms and conditions within such commercial contract shall control to the
extent of any direct conflict.
Please read the Terms of Use carefully before you start to use the Services.
1. Provision of Services. By using the Services, executing a document that
references them, or by clicking to accept or agree to the Terms of Use when
this option is made available to you, you accept and agree to be bound and
abide by these Terms of Use and our Privacy Policy incorporated herein by
reference. If you do not want to agree to these Terms of Use or the Privacy
Policy, you must not access or use the Services. Also, by agreeing to this
Terms of Use you waive, to the extent permitted under applicable law, any
rights or legal requirements that require an original (non-electronic)
signature or the delivery or retention of non-electronic records in order
for a contract to be legally binding. You represent and warrant that you
are of legal age to form a binding contract with us and meet all of the
foregoing eligibility requirements. If you do not meet all of these
requirements, you must not access or use the Services.
We reserve the right to withdraw or amend the Services, and any service or
material we provide on the Services, in our sole discretion without notice.
We will not be liable if for any reason all or any part of the Services is
unavailable at any time or for any period. You are responsible for ensuring
that all persons who access the Services through your account are aware of
these Terms of Use and comply with them.
2. Accessing Services and Account Security. Subject to your compliance with
these Terms of Use, we grant you a non-exclusive, limited, revocable,
personal, non-transferable license to use the applicable Services. Unless
NEOGOV has entered into a commercial agreement with an employer permitting
you to use the Services for transactions on behalf of another person, you
may only use the Services for transactions on your own behalf. If you use
the Services on behalf of a Customer or natural person, you represent and
warrant that you have obtained all required authorizations and consents.
To access the Services or some of the resources it offers, you may be asked
to provide certain registration details or other information. It is a
condition of your use of the Services that all the information you provide
on the Services is correct, current, and complete. You agree that all
information you provide to register with the Services or otherwise,
including but not limited to through the use of any interactive features on
the Services, is governed by the NEOGOV Privacy Policy
https://www.neogov.com/privacy-policy and you consent to all actions we
take with respect to your information consistent with our Privacy Policy.
Terms not defined herein shall retain their meaning as set forth in the
NEOGOV Privacy Policy.
If you choose, or are provided with, a user name, password, or any other
piece of information as part of our security procedures, you must treat
such information as confidential, and you must not disclose it to any other
person or entity. You also acknowledge that your account is personal to you
and agree not to provide any other person with access to the Services or
portions of it using your user name, password, or other security
information.
You agree to (i) notify us immediately of any unauthorized access to or use
of your user name or password or any other breach of security, investigate
such breach or such potential breach, (ii) assist us using commercially
reasonable efforts in maintaining confidentiality, and (iii) assist us as
reasonably necessary to enforce our rights and to enable us to comply with
any state or federal law requiring the provision of notice of any security
breach with respect to any personally identifiable information of the
affected or impacted data subjects. You should use particular caution when
accessing your account from a public or shared computer so that others are
not able to view or record your password or other personal information. We
have the right to disable any user name, password, or other identifier,
whether chosen by you or provided by us, at any time if, in our opinion,
you have violated any provision of these Terms of Use.
3. Termination; Changes to Terms of Use. You may terminate your account at any
time. If you violate any provision of these Terms of Use, your permission
from NEOGOV to use the Services will terminate automatically. In addition,
NEOGOV may in its sole discretion terminate your account on the Services or
suspend or terminate your access to the Services at any time for any
reason, with or without notice. NEOGOV may alter, suspend or discontinue
the Services or any portion of the Services without notice. NEOGOV will not
be liable whatsoever for any change to the Services or any suspension or
termination of your access to or use of the Services. NEOGOV reserves the
right to revise, change, or update these Terms of Use at any time in its
sole discretion on a going-forward basis. All changes are effective
immediately when we post them and apply to all access to and use of the
Services thereafter. Your continued use of the Services after updates are
effective will represent your agreement to the revised version of these
Terms of Use. Your continued use of the Services after the effectiveness of
such changes will constitute acceptance of and agreement to any such
changes. You further waive any right you may have to receive specific
notice of such changes to these Terms of Use. You are responsible for
regularly reviewing these Terms of Use.
4. Intellectual Property Rights. The Services and its entire contents,
features, and functionality (including but not limited to all information,
software, specifications, text, displays, images, video, and audio, code
that NEOGOV creates or displays to generate or display content, and the
design, design marks, trademarks, service names, slogans, selection, and
arrangement thereof)(the “NEOGOV Content”) are owned by NEOGOV and are
protected by United States and international copyright, trademark, patent,
trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Services for your personal,
non-commercial use only, and in the case of Customers, for internal
business use only. You are granted a revocable, non-exclusive,
non-assignable, and non-transferable license to access use the Services.
Nothing in these Terms of Use shall be construed as granting to you a
license to NEOGOV Content under any copyright, trademark, patent, or other
intellectual property right except as expressly set forth herein.
Re-use of any of NEOGOV’s Service Specifications for any purpose is
strictly prohibited without our prior written permission. Please direct any
requests for permission to support@GovernmentJobs.com.
You must not:
1. Modify copies of any materials from the Services or modify, create
derivative works from, distribute, publicly display, publicly perform,
or sublicense the Services except as expressly permitted by this Terms
of Use.
2. Use any illustrations, photographs, video or audio sequences, or any
graphics separately from the accompanying text.
3. Delete or alter any legal notices, copyright, trademark, or other
proprietary rights notices from copies of materials from this site.
4. Reverse engineer, decompile, disassemble, or otherwise attempt to
discover or directly access the source code or any underlying ideas or
algorithms of any portions of the Services or any underlying software or
component thereof.
5. Aggregate, copy, or duplicate in any manner any of the content or
information available from any our Services, including expired job
postings, unless authorized by us.
6. Access or use for any commercial purposes any part of the Services or
any services or materials available through the Services.
7. Reproduce, distribute, modify, create derivative works of, publicly
display, publicly perform, republish, download, store, license,
transfer, sell or transmit any of the NEOGOV Content or material on our
Services.
8. Reproduce, display, publicly perform, distribute, or otherwise use the
NEOGOV Content in any manner that is likely to cause confusion among
consumers, that disparages or discredits NEOGOV, that dilutes the
strength of NEOGOV’s property, or infringes NEOGOV’s intellectual
property rights.
No right, title, or interest in or to the Services or any content on the
Services is transferred to you, and all rights not expressly granted are
reserved by us. Any use of the Services not expressly permitted by these
Terms of Use is a breach of these Terms of Use and may violate copyright,
trademark, and other laws.
5. Trademarks. “NEOGOV,” “NEOED,” “GovernmentJobs.com,” “CareerNow,” “Career
Pages,” “Touchless Forms” and certain other names or logos are our
trademarks, and all related product and service names, design marks, and
slogans are our trademarks or service marks, excluding the marks of our
partners. You must not use such marks without our prior written permission.
We also retain the rights in the designated color schemes and column names
provided within the Services. The “look” and “feel” of the Services
(including color combinations, button shapes, layout, design, and all other
graphical elements not uploaded or implemented by Customers) are also our
trademarks or copyrights.
6. Prohibited Uses. You may use the Services only for lawful purposes and in
accordance with these Terms of Use. You agree not to use the Services:
1. In any way that violates any applicable federal, state, local, or
international law or regulation (including, without limitation, any
laws regarding the export of data or software to and from the U.S. or
other countries).
2. For the purpose of exploiting, harming, or attempting to exploit or
harm minors in any way by exposing them to inappropriate content,
asking for personally identifiable information, or otherwise.
3. For the unlawful use of any personally identifiable information of
other users of which you may be exposed to.
4. To transmit, or procure the sending of, any advertising or promotional
material without our prior written consent, including any “junk mail”,
“chain letter”, “spam”, or any other similar solicitation.
5. To send unsolicited mail or email, make unsolicited phone calls or send
unsolicited texts, tweets or faxes promoting and/or advertising
products or services to any user, or contact any users that have
specifically requested not to be contacted by you.
6. To impersonate or attempt to impersonate NEOGOV, a NEOGOV employee,
another user, or any other person or entity.
7. To engage in any other conduct that restricts or inhibits anyone’s use
or enjoyment of the Services, or which, as determined by us, may harm
NEOGOV or users of the Services or expose them to liability.
8. Use the communication features in a manner that adversely affects the
availability of its resources to other users (e.g. excessive shouting,
use of all caps, or flooding continuous posting of repetitive text).
9. Use the Services in any manner that could disable, overburden, damage,
or impair the site or interfere with any other party’s use of the
Services, including their ability to engage in real-time activities
through the Services.
10. Use any robot, spider, or other automatic device, process, or means to
access the Services for any purpose, including monitoring or copying
any of the material on the Services.
11. Use any manual process to monitor or copy any of the material on the
Services or for any other unauthorized purpose without our prior
written consent.
12. Aggregate, copy or duplicate any of the NEOGOV Content or information
available from any Service, including expired job ads, other than as
permitted by these Terms of Use or other commercial agreement with
NEOGOV.
13. Use any device, software, or routine that interferes with the proper
working of the Services.
14. Introduce any viruses, Trojan horses, worms, logic bombs, or other
material that is malicious or technologically harmful.
15. Attack the Services via a denial-of-service attack or a distributed
denial-of-service attack including via means of overloading,
“flooding,” “mailbombing,” or “crashing,”.
16. Post any incomplete, false, or inaccurate résumé information or
information which is not your own accurate résumé.
17. Respond to any employment opportunity for any reason other than to
apply for the job.
18. Access the Services in order to build, assist, or facilitate the
assembly of a competitive product or service, to build a product using
similar ideas, features, functions, or graphics of the System, or to
copy any ideas, features, functions, or graphics of the Services.
If your use of the Services requires you to comply with industry-specific
regulations applicable to such use, you will be solely responsible for such
compliance, unless NEOGOV has agreed with you otherwise. You may not use
the Services in a way that would subject NEOGOV to those industry-specific
regulations without obtaining NEOGOV”s prior written agreement. For
example, you may not use the Services to collect, protect, or otherwise
handle “protected health information” (as defined in 45 C.F.R. §160.103
under United States federal regulations) without entering into a separate
business associate agreement with NEOGOV that permits you to do so.
Your level of access should be limited to ensure your access is no more
than necessary to perform your legitimate tasks or assigned duties. If you
believe you are being granted access that you should not have, you must
immediately notify NEOGOV.
7. Monitoring and Enforcement; Termination. You agree that we may monitor the
Services to (1) comply with any applicable laws, regulations, or other
government requests, (2) operate the Services or to protect itself and its
users and members, and (3) for such other purposes as it may deem
reasonably necessary or appropriate from time to time. More specifically,
we have the right to:
1. Remove or refuse to post any User Contributions for any or no reason in
our sole discretion.
2. Take any action with respect to any User Contribution that we deem
necessary or appropriate in our sole discretion, including if we believe
that such User Contribution violates the Terms of Use, including the
Content Standards, if we believe that such information could create
liability for us, damage our brand or public image, or cause us to lose
users or (in whole or in part), the services of our ISPs or other
suppliers, if we believe the User Contribution is abusive, disruptive,
offensive, illegal, violates the rights of, or harms or threatens the
safety of users or public, infringes any intellectual property right, or
violates the law.
3. Disclose your identity or other information about you to any third party
who claims that material posted by you violates their rights, including
their intellectual property rights or their right to privacy.
4. Take appropriate legal action, including without limitation, referral to
law enforcement, for any illegal or unauthorized use of the Services.
5. Terminate or suspend your access to all or part of the Services for any
or no reason, including without limitation, any violation of these Terms
of Use.
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 Services. YOU
WAIVE AND HOLD HARMLESS GOVERNMENTJOBS.COM, INC. AND ITS AFFILIATES,
LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION
TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF,
INVESTIGATIONS BY EITHER GOVERNMENTJOBS.COM, INC. OR LAW ENFORCEMENT
AUTHORITIES.
Notwithstanding the foregoing, we are not responsible for screening,
policing, editing, or monitoring postings and encourages all users to use
reasonable discretion and caution in evaluating or reviewing any post. We
assume no liability for any action or inaction regarding transmissions,
communications, or content provided by any user or third party. We have no
liability or responsibility to anyone for performance or nonperformance of
the activities described in this section.
8. Content Standards. These Content Standards apply to any and all User
Contributions and use of the Services. User Contributions must in their
entirety comply with all applicable federal, state, local, and
international laws and regulations. Without limiting the foregoing, User
Contributions must not:
1. Contain any material that is defamatory, obscene, indecent, abusive,
offensive, harassing, violent, hateful, inflammatory, or otherwise
objectionable.
2. Promote sexually explicit or pornographic material, violence, or
discrimination based on race, sex, religion, nationality, disability,
sexual orientation, or age.
3. Infringe any patent, trademark, trade secret, copyright, or other
intellectual property or other rights of any other person.
4. Violate the legal rights (including the rights of publicity and
privacy) of others or contain any material that could give rise to any
civil or criminal liability under applicable laws or regulations or
that otherwise may be in conflict with these Terms of Use and our
Privacy Policy.
5. Be likely to deceive any person.
6. Promote any illegal activity, or advocate, promote, or assist any
unlawful act.
7. Cause annoyance, inconvenience, or needless anxiety or be likely to
upset, embarrass, alarm, or annoy any other person.
8. Impersonate any person or misrepresent your identity or affiliation
with any person or organization.
9. Involve commercial activities or sales, such as contests, sweepstakes,
and other sales promotions, barter, or advertising.
10. Give the impression that they emanate from or are endorsed by us or any
other person or entity, if this is not the case.
In addition, you shall be solely responsible for the legality, accuracy and
completeness of all records, data, and information provided, submitted, or
uploaded by you in connection with this Terms of Use or use of the
Services.
9. User Contributions. The Services may contain message boards, forums,
bulletin boards, and job boards, (collectively, “Interactive Services”)
that allow users to post, submit, publish, display, or transmit to other
users or other persons (hereinafter, “post”) materials or content,
including feedback (collectively, “User Contributions”) on or through the
Services. All User Contributions must comply with the Content Standards set
out in these Terms of Use. Any User Contribution you post to the site will
be considered non-confidential and non-proprietary. You represent that you
have all necessary rights to make a post, and you also acknowledge that we
have no control over the extent to which any idea or information may be
used by any party or person once it is posted or displayed. By providing
any User Contribution on the Services, you grant us and our affiliates a
royalty-free, perpetual, irrevocable, transferable, non-exclusive right and
license for us to adopt, publish, reproduce, disseminate, transmit,
distribute, copy, use, create derivative works, and display (in whole or in
part) worldwide, or act on 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. Notwithstanding this right
and license, it is understood that by merely permitting your information,
content, and materials to appear on the Services, we do not become a
publisher of such information, content, and materials and is merely
functioning as an intermediary to enable you to provide and display a
posting. Moreover, we assume no responsibility for the deletion of or
failure to store any posting and recommends that you do not post, display,
or transmit any confidential or sensitive information.
We are under no obligation to edit or control User Contributions and will
not be in any way responsible or liable for any User Contributions. You
understand that when using the Services, you may be exposed to User
Contributions of other users and acknowledge that User Contributions may be
inaccurate, offensive, indecent, or objectionable. You agree to waive, and
do waive, any legal or equitable right or remedy you may have against
NEOGOV with respect to User Contributions. NEOGOV expressly disclaims any
and all liability in connection with User Contributions. If notified by a
user or content owner that User Contributions allegedly do not conform with
these Terms of Use, NEOGOV may investigate the allegation and determine in
NEOGOV’s sole discretion whether to remove the User Contributions, which
NEOGOV reserves the right to do at any time and without notice.
You understand and acknowledge that you are responsible for any User
Contributions you submit or contribute, and you, not NEOGOV, have full
responsibility for such content, including its legality, reliability,
accuracy, and appropriateness. We are not responsible or liable to any
third party for the content or accuracy of any User Contributions posted by
you or any other user of the Services.
10. Online Purchases; Add-On Services
1. You may be required to pay fees to access certain add-on features within
the Services (“Add-On Service(s)”). Unless otherwise stated by NEOGOV,
Add-On Services are governed by the NEOGOV Services Agreement terms most
recently published prior to the purchase or renewal of an Add-On
Service, as well as these Terms of Use, Service Specifications, and
applicable Schedules incorporated therein (available at:
https://www.neogov.com/service-specifications). Where the terms of this
Section conflict with the NEOGOV Services Agreement, this Section shall
control. Add-On Services may only be available through one or more of
our Services and Add-On Services may not be available for all End Users
or Customers.
2. Payment Authorization. You agree to pay to NEOGOV any fees for each
Add-On Service you purchase in accordance with the pricing and payment
terms presented to you for that Add-On Service. All Add-On Service fees
are in U.S. dollars and are non-refundable. If NEOGOV changes the fees
for all or part of the Services, including by adding fees or charges,
NEOGOV will provide you notice of those changes. If you do not accept
the changes, NEOGOV may discontinue providing the applicable part of the
Services to you.
3. Payment Methods. By providing debit or credit card account information
through or to the Services, you represent, warrant, and covenant that:
(1) you are legally authorized to provide such information to us; (2)
you are legally authorized to perform payments from the debit or credit
card account(s); (3) the credit card information you provide is correct
and you will promptly notify NEOGOV of any changes to such information;
and (4) such action does not violate the terms and conditions applicable
to your use of such debit or credit card account(s) or applicable law.
When you authorize a payment using a debit or credit card account via
the Services, you represent, warrant, and covenant that there are
sufficient funds or credit available to complete a payment using the
debit or credit card account. NEOGOV’s authorized third-party payment
processor will charge the payment method you specified at the time of
purchase. You authorize NEOGOV to charge all fees as described in these
Terms of Use for the Services you select to that payment method, and you
authorize our third-party payment processor to use information you
provide to process payments, manage debit and credit card information
and detect and prevent fraud. In lieu of purchasing Add-On Services via
Debit or Credit card, NEOGOV may provide you the option to receive a
bill or invoice for payment by alternate means. NEOGOV may align a
billing or invoice term with one of your other active Services. Should
you elect to receive a bill or invoice for Add-On Service payments,
Add-On Service Fees are due net thirty (30) from receipt of NEOGOV bill
or invoice.
4. Add-On Service Subscriptions. The Add-On Services may include features
that allow for automatically recurring payments for periodic charges
(“Add-On Subscription”). Unless otherwise agreed by NEOGOV, Add-On
Subscriptions will be billed in advance on an annual recurring, periodic
basis. NEOGOV may also provide pro-rated pricing terms and align Add-On
Subscription invoice or billing with SaaS Subscriptions. If you decide
to activate an Add-On Subscription, you authorize NEOGOV to periodically
charge, on a going-forward basis and until cancellation of the recurring
payments, all accrued sums on or before the payment due date for the
accrued sums. The Add-On Service Subscription Term is a continuous and
non-divisible commitment for the full duration of the term regardless of
any invoice schedule. The Subscription will commence upon the date you
activate or use the Add-On Service. The Subscription will continue
unless and until you cancel your Subscription, or we terminate it. You
must cancel your Add-On Subscription before it renews in order to avoid
billing of the next periodic subscription fee to your account. We will
bill the periodic Subscription Fee to the payment method you provide to
us during registration (or to a different payment method if you change
your payment information). NEOGOV may change the Subscription Fee for
any subsequent Subscription period but will provide you notice of any
increase before it applies. Unless otherwise stated in a commercial
agreement we negotiated with a Customer, you may cancel an Add-On
Subscription by contacting us at: accounting@neogov.com,
customersupport@neogov.com, or alternative means expressly presented to
you within the Services. You may cancel auto-renewal on your Add-On
Service Subscription at any time, in which case your Add-On Service
Subscription will continue until the end of that billing cycle before
terminating.
5. Taxes. Unless otherwise stated, you are responsible for any taxes (other
than NEOGOV’s income tax) or duties associated with the sale of the
Services, including any related penalties or interest (collectively,
“Taxes”). You will pay NEOGOV for the Services without any reduction for
Taxes.
6. Purchase Order. If you issue a purchase order, then it shall be for the
full amount, and NEOGOV hereby rejects any additional or conflicting
terms appearing in a purchase order or any other ordering materials
submitted by you, and conditions assent solely based on the terms and
conditions this Terms of Use and NEOGOV Services Agreement as offered by
NEOGOV. You agree that a failure to provide NEOGOV with a corresponding
purchase order shall not relieve you of your obligations to provide
payment to NEOGOV.
11. E-Signatures.
1. E-Signature Provisioning & Consent. NEOGOV E-Forms and other
electronically signed services (“E-Signatures”) are provided by NEOGOV
for two counterparties (generally a government employer (the “sending
party”) subscribing to NEOGOV Services and personnel or job seekers) to
electronically sign documents. If you use E-Signatures offered by
NEOGOV, you agree to the statements set forth in this Section. Whenever
you sign a document using E-Signatures you affirmatively consent to
using electronic signatures via the E-Signatures and consent to
conducting electronic business transactions. You also confirm that you
are able to access the E-Signatures and the document you are signing
electronically. When using E-Signatures for a document, your consent
applies only to the matter(s) covered by that particular document.
2. Right to Opt-Out of E-Signatures. You are not required to use
E-Signatures or accept electronic documents provided thereby. If you are
a job seeker or personnel and you choose to not use E-Signatures, you
may still sign the document manually by notifying the sending party that
you are choosing to do so and by obtaining a non-electronic copy of the
document. NEOOGV assumes no responsibility for providing you with a
non-electronic version of the document. In the event you are choosing to
sign the document manually, do not use E-Signatures to sign the document
or to return the document to the sending party.
3. Electronic Download. If you have signed a document electronically using
E-Signatures and transmitted it back to the sending party, NEOGOV
provides the opportunity to download and print a paper copy of the
document at no charge. If you later withdrawn your consent to using
E-Signatures, please notify the sending party and stop using
E-Signatures. Note that the decision to stop using E-Signatures after
you have already used it does not change the legality of the documents
you have previously signed using an electronic signature.
4. E-Signature Validity. PLEASE NOTE THAT NEOGOV’S STATEMENTS CONTAINED
HEREIN OR ELSEWHERE CONCERNING THE VALIDITY OF ELECTRONIC DOCUMENTS
AND/OR THE SIGNATURE LINES OF DOCUMENTS THAT ARE ELECTRONICALLY SIGNED
ARE FOR INFORMATIONAL PURPOSES ONLY; THEY SHOULD NOT BE CONSTRUED AS
LEGAL ADVICE. UNDER FEDERAL AND STATE LAWS GOVERNING ELECTRONIC
SIGNATURES, ELECTRONIC SIGNATURES ON CERTAIN TYPES OF AGREEMENTS ARE NOT
ENFORCEABLE. NEOGOV HEREBY DISCLAIMS ANY RESPONSIBILITY FOR ENSURING
THAT DOCUMENTS ELECTRONICALLY SIGNED THROUGH E-SIGNATURE’S ARE VALID OR
ENFORCEABLE UNDER THE LAWS OF THE UNITED STATES OF AMERICA, ANY
PARTICULAR STATE, OR ANY OTHER LEGAL JURISDICTION. YOU SHOULD CONSULT
WITH LEGAL COUNSEL CONCERNING THE VALIDITY OR ENFORCEABILITY OF ANY
DOCUMENT YOU MAY SIGN ELECTRONICALLY USING NEOGOV’S E-SIGNATURE’S.
12. Text Message and Email Communications. We may offer you the opportunity to
receive text message and email notifications regarding notices, reminders,
status updates, support, administrative message and disclosures, or other
related human resource related notices from us or our Customers.
Communications through these methods may be routed through a third-party
service.
SMS messages will be sent to you strictly in accordance with your
preferences, and only after you have explicitly opted in. If you change
your mind at any time, and no longer wish to receive SMS messages, reply to
a message with the word “OPTOUT” in all capital letters. Afterwards, should
you choose to begin receiving messages again, reply with the word “OPTIN”
in all capital letters. job seekers may also control their receipt of SMS
messages through their job seeker Account preferences, by contacting the
Customer whom the text message pertains to, or by notifying NEOGOV Support.
Should you allow SMS messages sent to you by NEOGOV or NEOGOV Customers,
you agree to accept such text messages on your mobile phone including
messages sent by automated telephone dialing system. You certify that you
are the owner of the mobile phone entered or are authorized to use this
mobile phone to receive SMS.
You are responsible for all mobile carrier data or text message charges
resulting from your use of the Services, including from any notifications
provided by the Services. The number of messages you receive will vary
depending on the number of jobs you applied to, jobs you searched for, or
the number Customers you allow to contact you. You may receive a text
message confirming your subscription. NEOGOV reserves the right to suspend
or terminate your SMS messages for any reason, with or without notifying
you.
Since these text message services depend on the functionality of
third-party providers, there may be technical delays on the part of those
providers. NEOGOV may make commercially reasonable efforts to provide
alerts in a timely manner with accurate information, but cannot guarantee
the delivery, timeliness, or accuracy of the content of any alert. NEOGOV
shall not be liable for any delays, failure to deliver, or misdirected
delivery of any alert; for any errors in the content of an alert; or for
any actions taken or not taken by you or any third party in reliance on an
alert. If your mobile number changes, you are responsible for informing the
Customer of that change. NEOGOV MAKES NO WARRANTIES OR REPRESENTATIONS OF
ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF
TELECOMMUNICATION SERVICES FROM YOUR PROVIDER; (ii) ANY LOSS, DAMAGE, OR
OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY
DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA,
COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
13. Copyright Infringement. If you believe that any User Contributions violate
your copyright, please notify support as specified in this Terms of Use. It
is the policy of NEOGOV to terminate the user accounts of repeat
infringers.
14. Reliance on Information Posted. The information presented on or through the
Services is made available solely for general information purposes. We do
not warrant the accuracy, completeness, or usefulness of this information.
Any reliance you place on such information is strictly at your own risk. We
disclaim all liability and responsibility arising from any reliance placed
on such materials by you or any other visitor to the Services, or by anyone
who may be informed of any of its contents.
15. Changes to the Services. We may update the content on the Services from
time to time, but its content is not necessarily complete or up to date.
Any of the material on the Services may be out of date at any given time,
and we are under no obligation to update such material.
16. Information About You and Your Visits to the Services. All information we
collect on the Services is subject to our Privacy Policy
https://www.neogov.com/privacy-policy. By using the Services, you consent
to all actions taken by us with respect to your information in compliance
with the Privacy Policy.
17. Relay of Content. NEOGOV relays content including but not limited to
resumes, cover letters, applications, messages, questionnaire answers,
responses, offer letters and other materials. You acknowledge that you are
asking NEOGOV to send this content on your behalf. We process, monitor,
review, store and analyze such content, for data analysis, security,
quality control, enforcement of the Terms of Use, content moderation, and
to improve the Services. As a result, or due to technical malfunction, in
certain circumstances such content may be delayed or may not be delivered
to the intended recipient. NEOGOV may notify you in such an event. By using
the Services, you acknowledge that this activity is necessary for
maintaining the quality and provisioning of the Services.
18. Linking to the Services and Social Media Features. You may link to our
homepage, provided you do so in a way that is fair and legal and does not
damage our reputation or take advantage of it, but you must not establish a
link in such a way as to suggest any form of association, approval, or
endorsement on our part without our express written consent. We may disable
all or any social media features and any links at any time without notice
in our discretion.
19. Additional Terms for Third-Party Services.
1. Links and Third-Party Content on the Services. If the Services contains
links to other sites and resources provided by third parties, these
links are provided for your convenience only. This includes links
contained in advertisements, including banner advertisements and
sponsored links. We have no control over the contents of those sites or
resources and accept no responsibility for them or for any loss or
damage that may arise from your use of them. We do not control these
services and are not responsible for their availability, content, or any
malware accessed through them. Your correspondence or any other dealings
with third parties found on the Services are solely between you and such
third party. Accordingly, we expressly disclaim responsibility and
liability for all third-party provided materials, programs, products,
and services contained on or accessed through the Services, and you
agree that we shall not be responsible for any loss or damage of any
sort incurred as a result of any such dealings or as the result of the
presence of such third parties on the Services. If you decide to access
any of the third-party websites linked to the Services, you do so
entirely at your own risk and subject to the terms and conditions of use
for such websites. You are advised to read all terms and conditions of
any third-party service.
2. Specific Third-Party Providers.
Background Checks. Some of the Services allow users to use our
third-party background check partner’s services to submit an application
and background check to a Customer. If you are a job seeker or personnel
using the background check services, you authorize NEOGOV to obtain your
background check report, including criminal and eviction history, and to
share that information with Customers you submit an application to, and
agree to the background check companies terms of use or related end user
agreement available at the background check companies’ website. If you
are personnel or other Customer agent using the background check
services on behalf of a Customer, you agree to use the background check
reports in compliance with law and agree to the background check
companies terms of use or related end user agreement available at the
background check companies’ website.
Stripe. Some of the Services allow you to use Stripe to make payments.
Your use of Stripe is subject to the applicable Stripe Terms of Service
found at https://stripe.com/connect/legal.
Plivo. Some of the Services allow you to send or receive text messages
through Plivo, Inc. If you are Personnel or other Customer agent using
the text messages services on behalf of a Customer, you agree to use the
text message services in compliance with law and agree to the Plivo
Acceptable Use Policy available at https://www.plivo.com/aup/.
20. Geographic Restriction; Age Restriction. NEOGOV operates out of the state
of California in the United States. The Services are hosted in data centers
located within the United States. Our Services are targeted for use only by
persons located in the United States. We make no claims that the Services
or any of its content is accessible or appropriate outside of the United
States. You must be 18 years of age or older to visit or use the Services
in any manner. If under the age of 18 or the age of majority as that is
defined in your jurisdiction, you must use any Services under the
supervision of a parent, legal guardian, or other responsible adult.
21. NEOGOV’s Liability. You understand that we cannot and do not guarantee or
warrant that files available for downloading from the internet or the
Services will be free of viruses or other destructive code. You are
responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for anti-virus protection and accuracy
of data input and output, and for maintaining a means external to our site
for any reconstruction of any lost data.
NEOGOV SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, EXPENSES OR OTHER
CONSEQUENCES INCURRED BY YOU OR ANY OTHER PERSON OR ENTITY AS A RESULT OF
DELAY IN OR INABILITY TO DELIVER ANY SERVICES DUE TO CIRCUMSTANCES OR
EVENTS BEYOND NEOGOV’s REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION:
(A) ACTS OF GOD; (B) CHANGES IN OR IN THE INTERPRETATION OF ANY LAW, RULE,
REGULATION, OR ORDINANCE; (C) STRIKES, LOCKOUTS, OR OTHER LABOR PROBLEMS;
(D) TRANSPORTATION DELAYS; (E) UNAVAILABILITY OF SUPPLIES OR MATERIALS; (F)
FIRE OR EXPLOSION; (G) RIOT, MILITARY ACTION, OR USURPED POWER; OR (H)
ACTIONS OR FAILURES TO ACT ON THE PART OF A GOVERNMENTAL AUTHORITY.
NEOGOV DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV
SERVICES AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE
PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY
THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN
IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF).
ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL
ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT
GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS
ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND
ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS
IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. NEITHER NEOGOV NOR ANY PERSON ASSOCIATED WITH NEOGOV
MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.
WITHOUT LIMITING THE FOREGOING, NEITHER NEOGOV NOR ANYONE ASSOCIATED WITH
NEOGOV REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY
SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE,
ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, NEOGOV HEREBY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES
NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER
APPLICABLE LAW.
You acknowledge that NEOGOV exercises no control over employer human
resource practices implemented using the Service or decisions as to
employment, promotion, termination, or compensation of any job seeker or
personnel. Employers are solely responsible for their postings on the
Services. NEOGOV is not to be considered to be an employer with respect to
your use of any NEOGOV Service and NEOGOV shall not be responsible for any
employment decisions, for whatever reason, made by any entity posting jobs
on any NEOGOV Service. In addition, employers are responsible for the
privacy, collection, use, retention and processing of employer owned data,
and providing any and all notices regarding the foregoing, in compliance
with all applicable laws.
22. Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL NEOGOV, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS HAVE ANY LIABILITY TO
THE OTHER PARTY OR TO ANY OTHER PERSON OR ENTITY ARISING OUT OF OR RELATED
TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CUSTOMER’S USE, OR
INABILITY TO USE, THE SERVICES, UNDER ANY CIRCUMSTANCE, CAUSE OF ACTION OR
THEORY OF LIABILITY, OR DUE TO ANY EVENT WHATSOEVER, FOR ANY CONSEQUENTIAL,
INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING,
WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, LOSS OF
USE, LOSS OF GOODWILL OR BUSINESS STOPPAGE, LOSS OF DATA, EVEN IF
FORESEEABLE OR NEOGOV KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES.
WITHOUT LIMITATION OF THE FOREGOING, EXCEPT FOR DAMAGES ARISING OUT OF
NEOGOV’s GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE TOTAL LIABILITY OF
NEOGOV, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND
LICENSORS, FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE
HUNDRED ($100.00) U.S. DOLLARS. THE FOREGOING LIMITATION OF LIABILITY IS
CUMULATIVE WITH ALL PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS
AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE
EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE PARTIES
ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY
NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN
INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND
UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT AND HAS BEEN
TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE
GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY
TO ENTER INTO THIS AGREEMENT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR
LIMITED UNDER APPLICABLE LAW.
23. Indemnification. To the extent permitted by law, You agree to defend,
indemnify, and hold harmless NEOGOV, its affiliates, licensors, and service
providers, and its and their respective officers, directors, employees,
contractors, agents, licensors, suppliers, successors, and assigns from and
against any claims, liabilities, damages, judgments, awards, losses, costs,
expenses, or fees (including reasonable attorneys’ fees) arising out of or
relating to your violation of these Terms of Use or your use of the
Services, including, but not limited to, your User Contributions, any use
of the Services’ content, services, and products other than as expressly
authorized in these Terms of Use or your use of any information obtained
from the Services.
24. General. Unless otherwise stipulated, the Terms of Use, Privacy Policy, and
documents incorporated herein constitute the sole and entire agreement
between you and Governmentjobns.com, Inc. regarding the Services and
supersede all prior and contemporaneous understandings, agreements,
representations, and warranties, both written and oral, regarding the
Services. You may not assign any part of this Terms of Use without NEOGOV’s
prior written consent. No waiver of any obligation or right of either party
shall be effective unless in writing, executed by the party against whom it
is being enforced. All matters relating to the Services and these Terms of
Use and any dispute or claim arising therefrom or related thereto (in each
case, including non-contractual disputes or claims), shall be governed by
and construed in accordance with the internal laws of the State of
California without giving effect to any choice or conflict of law provision
or rule (whether of the State of California or any other jurisdiction). Any
legal suit, action, or proceeding arising out of, or related to, these
Terms of Use or the Services shall be instituted exclusively in the federal
courts of the United States or the courts of the State of California in
each case located in the City of Los Angeles and County of Los Angeles
although we retain the right to bring any suit, action, or proceeding
against you for breach of these Terms of Use in your country of residence
or any other relevant country. You waive any and all objections to the
exercise of jurisdiction over you by such courts and to venue in such
courts. At our sole discretion, we may require you to submit any disputes
arising from the use of these Terms of Use or the Services, including
disputes arising from or concerning their interpretation, violation,
invalidity, non-performance, or termination, to final and binding
arbitration under the Rules of Arbitration of the American Arbitration
Association applying California law.
25. Waiver and Severability. No waiver by NEOGOV of any term or condition set
out in these Terms of Use shall be deemed a further or continuing waiver of
such term or condition or a waiver of any other term or condition, and any
failure of NEOGOV to assert a right or provision under these Terms of Use
shall not constitute a waiver of such right or provision. If any provision
of these Terms of Use is held by a court or other tribunal of competent
jurisdiction to be invalid, illegal, or unenforceable for any reason, such
provision shall be eliminated or limited to the minimum extent such that
the remaining provisions of the Terms of Use will continue in full force
and effect.
26. Your Comments and Concerns.
This website is operated by Governmentjobs.com, Inc. with offices at 300
Continental Blvd., Suite 565, El Segundo, CA 90245.
For further information relating to the legal issues contained in these
Terms or problem reports regarding this service, please contact using the
following:
If you are a Job Seeker, please contact: support@GovernmentJobs.com
If you are a Customer (an organization), please
contact: customersupport@GovernmentJobs.com
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