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Talent Network Privacy Policy Canada
Effective Date: June 26, 2014
Overview
CareerBuilder, LLC and its subsidiaries and divisions including CareerBuilder Canada Company (collectively, “CareerBuilder”, “We” or “Our”) provides the Talent Network on behalf of the employer whose career and employment opportunities are promoted on this Talent Network. We have drafted this Privacy Policy to provide you notice of our data and security practices and policies as you use the Talent Network. This Privacy Policy describes the types of Personal Information we collect, how we use the information, with whom we share it, and the choices you can make about our collection, use and disclosure of your Personal Information. The phrase “Personal Information” refers to information that may be used to personally identify you, such as your name, address, telephone number, email address, credit card number or other billing information. We also describe the measures we take to help protect the security of your Personal Information and how you can contact us about our privacy practices. Please do not provide use with highly sensitive information such as Social Insurance Numbers, financial information or health records.
Please review this Privacy Policy periodically as we may update it from time to time without prior notice to reflect changes in our data practices. We will post a prominent notice on the Talent Network to notify you of any significant changes to our Privacy Policy and indicate at the bottom of the notice when it was most recently updated. If we make material changes to the policy that will affect previously collected Personal Information, you will be notified and asked to consent to the updated Privacy Policy.
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We may obtain information about you that you upload to our Talent Network or that may be provided to us by the employer whose career and employment opportunities are promoted on this Talent Network. The types of information we may obtain include:
· Your Personal Information, if you choose to provide it or if we obtain it in the manner described above. You do not have to give us any Personal Information in order to perform job searches or to read the content portions of the Talent Network.
· The name and email address of your friends or family members when you ask us to email a job posting on your behalf. Please ensure that you only submit email addresses of individuals with whom you have a personal or family relationship and who would want to receive the job posting from you.
· Username and password for the account you may establish on the Talent Network.
· Your demographic information (such as zip or postal code, occupation, education and experience, and if you choose to provide it, age and gender). We collect this information either through the registration process, from your resume or in the manner described above.
· Job search behavior and preferences, and a record of the searches that you make on the Talent Network. We do this in order to present you with job recommendations based on your interests as expressed previously through your searches.
· Other details that you may submit to us or that may be included in the information provided to us by third parties.
We may collect information stored in your social media profile that you authorize us to access when you use your social media profile to enact features on the Talent Network, such as the ability to pre-populate our registration form or a job application.
In addition, when you visit the Talent Network, we may collect certain information by automated means, such as cookies and web beacons, as described in more detail below. The information we may collect by automated means includes:
· Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser and operating system type).
· Pages and URLs that refer visitors to the Talent Network, also pages and URLs that visitors exit to once they leave the Talent Network.
· Information on actions taken on the Talent Network (such as page views, site navigation patterns and job view or application activity).
· A general geographic location (such as country and city) from which a visitor accesses the Talent Network.
· Search terms that visitors use to reach the Talent Network.
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We may use the information we obtain about you to:
· Register, manage and maintain your account on the Talent Network.
· Maintain a record of the jobs you view or apply to on the Talent Network.
· Inform you of relevant job postings that may be of interest to you.
· Send job postings to your friends or family members on your behalf.
· Provide administrative notices or communications applicable to your use of the Talent Network.
· Respond to your questions and comments and provide customer support.
· Enable the employer customer to contact you and deliver marketing and promotional communications to you by email, text message or other means that, in some cases, is targeted to your interests (such as relevant services, educational or other career development opportunities) and to solicit your feedback and input. These communications will contain links for preference management and, where appropriate, unsubscribe links should you decide you do not want to receive further communications. Please note that if you unsubscribe from receiving marketing and promotional communications, you may continue to receive transactional and operational emails from us.
· Operate, evaluate and improve our business and the products and services we offer.
· Analyze and enhance our marketing communications and strategies (including by identifying when emails we have sent to you have been received and read).
· Analyze trends and statistics regarding visitors’ use of the Talent Network, mobile applications and social media assets, and the jobs viewed or applied to on the Talent Network.
· Protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users.
· Comply with applicable legal requirements and industry standards and our policies.
We also use certain technical information about your computer and your access of the Talent Network (including your internet protocol address) in order to operate, maintain and manage the Talent Network. We collect this information by automated means, such as cookies and web beacons, as described in more detail below .
When you join the Talent Network or apply for a job through the Talent Network, we provide your Personal Information to the employer customer who has hired CareerBuilder to create and operate this Talent Network on its behalf, (including your e-mail address and other contact information that you publish on your resume). The employer customer may use your information to contact you directly.
Additionally, when you join the Talent Network or apply for a job through the Talent Network, the information supplied by you is stored by CareerBuilder on a dedicated database on behalf of the employer customer. In addition, the information supplied by you also may become part of the employer customer’s database. In that instance, the use of such information by the employer customer will be subject to the privacy policy of that company, and CareerBuilder is not responsible for that company’s use of your information. CareerBuilder is not responsible for what the employer customer company, or any third party with whom you may share your Personal Information, subsequently does with your information. You should review the privacy policy of the employer customer to ensure that you are comfortable with how it intends to use and disclose your information.
The employer customer for whom we act as a service provider to operate this Talent Network will receive reports that contain aggregate data about its Talent Network. We also use aggregate data and certain technical information about your computer and your access of the Talent Network (including your internet protocol address) in order to operate, maintain and manage the Talent Network.
Additionally, we may combine certain aggregate data about our users and use such aggregate data to prepare reports for our users (typically employers or educators). “Aggregate Data” is the demographic information (such as zip code, age or gender) and employment information (such as occupation, education and experience) of many individuals that is combined together. Aggregate data is used to analyze the characteristics of various populations. For example, an employer may purchase a report from CareerBuilder that states the number of accountants with at least five year’s experience that live within a certain geographic area.
We also may share Personal Information with our service providers who help us in providing the Talent Network on behalf of the employer customer, such as hosting our Sites, sending communications to you, serving advertisements on our Sites and managing and analyzing data. These service providers are only authorized to use or disclose the information as necessary to perform services on our behalf or as otherwise required by law.
CareerBuilder and our Canadian, US and other service providers and affiliates may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required or permitted by applicable Canadian, US or other law. We may also disclose personal information where necessary for the establishment, exercise or defence of legal claims and to investigate or prevent actual or suspect loss or harm to persons or property.
In addition, Personal Information we have collected may be passed on to a third party in the event of a transfer of ownership or assets or a bankruptcy or other corporate reorganization of CareerBuilder.
A “cookie” is a text file that websites send to a visitor‘s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” is also called a Web bug or a pixel tag or a clear GIF. Used in combination with cookies, aWeb beacon is an often-transparent graphic image, usually no larger than 1pixel x 1 pixel, that is placed on a Web site or in an e-mail that is used to monitor the behavior of the user visiting the Web site or sending the e-mail.
CareerBuilder uses cookies and other similar technologies for the convenience of our users. Cookies enable us to serve secure pages to our users without asking them to sign in repeatedly. CareerBuilder also stores information about you such as past jobs viewed and job searches conducted by your computer. We do this in order to present you with job recommendations based on your interests as expressed previously through your searches. Lastly, CareerBuilder uses cookies to ensure the proper functioning and efficiency of the Talent Network. Most Internet browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please be aware, however, that some CareerBuilder features or services may not function properly without cookies.
CareerBuilder permits third party cookies on its Talent Network. For example, third party tools located on the Talent Network may use cookies to remember user preference settings. CareerBuilder also uses web analytics services provided by third parties, which use cookies to collect information about details of our users’ visits to the Talent Network (including IP addresses) and the resources they access on the Talent Network. These third party web analytics services provide us with reports based on this information in order to help us understand how visitors engage with the Talent Network.
To obtain guidance regarding deleting or disabling cookies, and thereby preventing and limiting the automatic collection of information by such cookies, please click here.
In addition, the employer that uses this Talent Network may place cookies on your computer through their job postings and may use such cookies to distinguish your web browser uniquely. Often, employers use such information to track the effectiveness of their job postings by measuring how many users who view their postings later became job applicants.
You may access, update and amend some of the Personal Information in our custody and control at any time by logging into your account and making the necessary changes or by contacting us at the contact information set forth at the end of this Privacy Policy. Please note, however, that you will not be able to delete certain information, including your resume, once such information has been uploaded to the Talent Network.
The Talent Network may contain links to other sites for your convenience and information. These sites may be operated by companies not owned by CareerBuilder. These other sites or linked third-party sites may have their own privacy notices, which you should review if you visit those sites. We are not responsible for the content of any sites not owned by CareerBuilder, any use of those sites, or those sites’ privacy practices.
You can direct questions regarding this Privacy Policy, or the manner in which we or our service providers treat your Personal Information, to CareerBuilder by emailing us at the Customer Service Center or by letter to CareerBuilder at 5550-A Peachtree Parkway, Norcross, Georgia 30092, Attention: Customer Service. Please include your name and email address in email requests, and your name and postal address in mail requests so that we can respond to you.
Terms and Conditions for Job Seekers Using Talent Network
1. Introduction. Please read this page carefully. It contains the terms and conditions (the "Terms and Conditions") governing your access to and use of the Talent Network (as defined below) provided by CareerBuilder Canada Co., its parent company, CareerBuilder, LLC or one of its parent company's divisions (collectively, "CareerBuilder") on behalf of the Employer. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the CareerBuilder Talent Network or Services. These Terms and Conditions are effective as of June 26, 2014.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by CareerBuilder) form a binding agreement (the "Agreement") between you and CareerBuilder. Your access to or use of the CareerBuilder Talent Network or Services indicates your acceptance of these Terms and Conditions. Without limiting the foregoing, your access to and use of the CareerBuilder Talent Network or Services is also subject to the terms of use posted on the Employer's Website. You are agreeing to use the Talent Network at your own risk.
3. Certain Definitions. The following definitions apply to this Agreement:
3.1 "CareerBuilder Materials" includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
3.2 "Content" includes all Text, Graphics, Design and Programming used on the Talent Network.
3.3 "Design" includes the colour combinations and the page layout of the Talent Network.
3.4 "Document" refers to any posting to the Talent Network, whether job or resume.
3.5 "Employer" means the person or entity whose career and employment opportunities are promoted on this Talent Network.
3.6 "Graphics" includes all logos, buttons, and other graphical elements on the Talent Network, with the exception of paid advertising banners.
3.7 "Job Seeker" means a User who is accessing the Talent Network to search for a job or in any other capacity except as an Employer.
3.8 "Programming" includes both client-side code (e.g. HTML, JavaScript, etc.) and server-side code (e.g. active server pages, VBScript, databases, etc.) used on the Talent Network.
3.9 "Services" means any services provided by CareerBuilder or its agents.
3.10 "Talent Network" means a recruiting platform operated by CareerBuilder on behalf of for an Employer and includes the Content, Text, Graphics, Design, Programming, CareerBuilder Materials and Services (as applicable in each context).
3.11 "Text" includes all text on every page of the Talent Network, whether editorial, navigational, or instructional.
3.12 "User" refers to any individual or entity that uses any aspect of the Talent Network.
3.13 "You" or "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
3.14 "Website" means the Employer's website through which the Talent Network may be access by You.
4. Intellectual Property Rights and Acceptable Use of the Talent Network and Services.
4.1 General Use Rules. The Talent Network is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Talent Network only for lawful purposes within the stated context of CareerBuilder's intended and acceptable use of the Talent Network. CareerBuilder is the sole interpreter of the Talent Network's intended and acceptable use.
4.2 CareerBuilder Intellectual Property Rights. The Talent Network, the CareerBuilder Materials and all right, title and interest in and to the Talent Network and CareerBuilder Materials are the sole property of CareerBuilder or its licensors, and are protected by Canadian, United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, CareerBuilder reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or CareerBuilder Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Talent Network; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, "scrape," "crawl," or "spider" any web pages or any Services provided on the Talent Network other than the search engine and search agents available from CareerBuilder on such Talent Network and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Talent Network, without the express written consent of CareerBuilder. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. "CareerBuilder," "Personified", the CareerBuilder design logo and certain other names or logos are service marks or trademarks of CareerBuilder, and all related product and service names, design marks and slogans are the service marks or trademarks of CareerBuilder. In addition, the "look" and "feel" of the Talent Network (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by CareerBuilder's trademarks, service marks and copyrights. Any code that CareerBuilder creates to generate or display the Content or the pages making up the Talent Network is also protected by CareerBuilder's copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or CareerBuilder Materials on any authorized copy you make of the Content or CareerBuilder Materials. All other product and service marks contained on the Talent Network are the trademarks of their respective owners.
4.3 License for Use by Job Seekers. CareerBuilder hereby grants you a limited, terminable, non-exclusive right to access and use the Talent Network only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Talent Network solely for your personal, noncommercial use. You agree that you are solely responsible for the content of any Document you post to the Talent Network and any consequences arising from such posting. Your use of the Talent Network is a privilege. CareerBuilder reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.4 Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Talent Network and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Talent Network for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Talent Network complies with these Terms and Conditions and all applicable laws.
4.5 User Submissions. CareerBuilder welcomes your comments regarding the Services and the Talent Network and appreciates hearing from you. Please note, however, that CareerBuilder does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send CareerBuilder creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of CareerBuilder. User Submissions and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on CareerBuilder's part, and CareerBuilder will not be liable for any use or disclosure of any User Submission. CareerBuilder shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
5. Disclaimers and Limitations on CareerBuilder's Liability.
5.1 Allocation of Responsibility CareerBuilder assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. CareerBuilder acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, CareerBuilder may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. CareerBuilder has no liability or responsibility to Users for performance or nonperformance of such activities. CareerBuilder may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
5.2 No endorsements by CareerBuilder. Nothing on the Talent Network shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
5.3 WARRANTY DISCLAIMERS.
(a) THE TALENT NETWORK IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CAREERBUILDER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. CAREERBUILDER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE TALENT NETWORK.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) CAREERBUILDER DOES NOT WARRANT THAT THE TALENT NETWORK WILL OPERATE ERROR-FREE OR THAT THE TALENT NETWORK AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE TALENT NETWORK RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CAREERBUILDER IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) CareerBuilder makes no representations or guarantees regarding the truthfulness, accuracy, LEGALITY, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) CareerBuilder makes no representations or guarantees regarding the Content of the Talent Network, including, but not limited to, broken links, inaccuracies or typographical errors.
(iv) CAREERBUILDER MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. CAREERBUILDER DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
5.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE TALENT NETWORK, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE TALENT NETWORK.
(b) IN NO EVENT SHALL CAREERBUILDER (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE TALENT NETWORK AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CAREERBUILDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL NOT APPLY TO ANY PAYMENT AND INDEMNIFICATION OBLIGATIONS DESCRIBED HEREIN.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN CAREERBUILDER'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL CAREERBUILDER (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00.
(e) Due to the nature of this Agreement, in addition to money damages, you agree that CareerBuilder will be entitled to equitable relief upon a breach of this agreement by you.
5.5 User Authentication . Because User authentication on the Internet is difficult, CareerBuilder cannot and does not confirm that each User is who they claim to be. Because CareerBuilder does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Talent Network, in the event that you have a dispute with one or more Users, you release CareerBuilder from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
6. Links to Other Sites. The Talent Network may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by CareerBuilder of the contents on such third-party web sites. CareerBuilder is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
7. Amendments to this Agreement and Changes to the Talent Network. CareerBuilder may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Talent Network (or as otherwise stated in any notice of such changes). Any use of the Talent Network will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Talent Network. If at any time you find the Terms and Conditions unacceptable, you must not use the applicable Talent Network any longer. Any new or different terms supplied by you are specifically rejected by CareerBuilder unless CareerBuilder agrees to them in a signed writing specifically including those new or different terms. CareerBuilder may change the Talent Network at any time.
8. Indemnity. You agree to defend, indemnify, and hold harmless CareerBuilder (and its officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Talent Network, any Document posted by you, your use of the Services or your breach of this Agreement. CareerBuilder shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
9. User Information and Privacy Policy.
9.1 When you register on the Talent Network or in connection with the Services, you will be asked to create an account and provide CareerBuilder with certain information, including but not limited to, a valid email address ("User Information"). You acknowledge and agree that you have no ownership rights in your account.
9.2 All User Information will be used in accordance with the terms of the Talent Network Privacy Policy. Please note, as set forth in the Privacy Policy, that CareerBuilder may collect certain User Information (including email address and other contact information) and may use such information to contact Users periodically in accordance with the terms of the Privacy Policy, including to send Users electronic marketing and promotional communications, inform Users of relevant job postings that may be of interest to them, and provide Users with administrative notices and communications. Users can withdraw their consent at any time from receiving marketing and promotional communications from CareerBuilder. In addition, as set forth in the Talent Network Privacy Policy, CareerBuilder may also share your contact information (including your email address) with the employer on whose behalf CareerBuilder operates this Talent Network. That employer may use your information to contact you directly, including by email, at the contact information you have provided. CareerBuilder and our Canadian, US and other service providers and affiliates may provide your personal information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required or permitted by applicable Canadian, US or other law. We may also disclose personal information where necessary for the establishment, exercise or defence of legal claims and to investigate or prevent actual or suspect loss or harm to persons or property.
10. Questions and Notices. Questions concerning the use of the Talent Network should be directed to Feedback . Notices to CareerBuilder should be sent to the address listed on the Talent Network. We will send notice to you at the address submitted by you or to such other address as CareerBuilder reasonably determines is an appropriate address for you.
11. General. CareerBuilder contact information is listed on the Talent Network. CareerBuilder makes no claims that the Content is appropriate or may be downloaded outside of Canada. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Talent Network. If you access the Talent Network from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the laws of the Province of Ontario and the laws of Canada applicable in the Province of Ontario. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in the Province of Ontario. The sole relationship between you and CareerBuilder is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Talent Network, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by CareerBuilder in a particular "Legal Notice," or material on particular web pages of the Talent Network, this Agreement, constitutes the entire agreement between you and CareerBuilder.
12. Rules regarding Posting, Conduct and Security.
The following rules apply to your use of the Talent Network and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
12.1 Posting Rules:
(a) You may not post any Document to the Talent Network that contains: (i) URLs or links to web sites (to advertise your company or web site, see our Advertising Info page.); (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
(b) You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or "club membership").
(c) Your Document(s) must contain sufficient detail to convey clearly to the Employer your qualifications as a candidate for employment. Documents that encourage the User to "email for more details" are not permitted. Documents from any third party charging a fee or restricting complete access to all resume information are prohibited.
(d) Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
(e) CareerBuilder is under no obligation to monitor the Documents posted on the Talent Network, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at CareerBuilder's sole discretion.
12.2 Conduct Rules:
(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job with the Employer). Communications soliciting the Employer's business are prohibited.
(b) You may not send unsolicited commercial email to Users, including electronic communications that offer, advertise, market or promote a product or service.
(c) Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Talent Network, you risk losing your access to the Talent Network. You agree to notify CareerBuilder immediately of any unauthorized use of your registration and password.
(d) Report inappropriate postings or conduct to Feedback .
(e) You may not delete or revise any material posted by any other person or entity.
(f) If at any time CareerBuilder comes to the understanding that you: (i) misled CareerBuilder regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, CareerBuilder reserves the right to terminate your Agreement.
12.3 Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of the Talent Network, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Talent Network, overloading, "flooding", mailbombing or "crashing"; (iv) sending unsolicited e-mail or other electronic communications, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message; (iv) altering transmission data without consent; (v) harvesting e-mail or other electronic addresses through automated means without consent.
(b) Violation of these Security Rules may result in civil or criminal liability. CareerBuilder will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
13. Copyright Complaints.
13.1 CareerBuilder respects the intellectual property of others. It is CareerBuilder's policy to respond to claims of copyright and other intellectual property infringement. CareerBuilder will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, CareerBuilder may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. CareerBuilder will terminate access for Users who are repeat infringers.
13.2 Notifying CareerBuilder of Copyright Infringement: To provide CareerBuilder notice of an infringement, you must provide a written communication to the attention of "Trust and Site Security" care of TSST@careerbuilder.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
13.3 Providing CareerBuilder with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide CareerBuilder with a counter notification by written communication to the attention of "Trust and Site Security" atTSST@careerbuilder.com that sets forth all of the necessary information required by the DMCA ( http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
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