Terms of Service
Below you will find Klinx’s terms and conditions and information about our cookie and privacy policies. We know we are giving a great deal of information. Klinx does this for a reason: we want you to have as much knowledge about what we do for you at Klinx as is possible. We do not want you to wonder about any of our processes or procedures or guess as to what your interaction with Klinx means. We want you to understand it, which is why we must explain it in detail. We urge you to read these terms or any section of interest to you. You are agreeing to proceed under them.
Klinx General Terms of Service
Last Updated: January 3, 2025
Introduction to Klinx’s Terms of Service
Each time you access or use Klinx’s online and/or mobile services and websites, including any Klinx mobile application and browser extension or plugin, regardless of where it is downloaded from (collectively, the “Klinx Apps”), and any software, service, feature, product, program and element (including email messages, notifications, and other messages) provided by or on behalf of Klinx on or in connection with such services or websites (collectively, the “Site”), including any products, programs, and services described in these Terms of Service, (a) you represent that you have read and understand the Cookie Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service (the “Agreement”) then in effect with the following entity or entities:
For All Users of Klinx:
This Site is provided by Klinx, Inc.
The Site is made available for use only by individuals searching for employment openings, or services or information related to their personal employment or job search (“Job Seekers”), by individuals and/or organizations seeking information related to hiring or human resources, seeking Job Seekers, or seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties and employment agencies (“Employers”), and by individuals and/or organizations seeking to participate in the Klinx Publisher Program (“Publishers”). You acknowledge and agree that your license to use the Site is automatically revoked upon your attempt to use the Site for any other purpose.
Except as otherwise provided below, Klinx does not act as an employment agency, or any other type of agent, by providing the Site or its tools. Klinx provides the Site solely as an independent contractor and does not have authority to act or make employment decisions on behalf of Employers or Job Seekers. Nothing in this Agreement or on the Site should be construed as creating an agency relationship between us and Employers.
If you are accessing or using the Site in your capacity as an employee or other representative of an Employer or Publisher, you are agreeing to this Agreement on behalf of yourself and such Employer or Publisher, as applicable, and you represent and warrant that you have the authority to bind such Employer or Publisher, as applicable, to this Agreement. You acknowledge that Klinx owns a copyright in the Site, Klinx Apps, and Services, including in compilations of information available through any of the foregoing.
Klinx may reject, remove, or limit visibility to any User Content (as defined below), and Klinx may disable any account or restrict your ability to use all or parts of the Site, for any or no reason without notice. Although Klinx may indicate why User Content or an account has been removed or disabled, we cannot give every reason why User Content or an account may be removed. We always retain the right to remove any User Content or account if we feel it is in our interest or our Users’ interest.
We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business.
This Agreement hereby incorporates by this reference any additional terms and conditions posted by Klinx through the Site, or otherwise made available to you by Klinx. In particular:
- If you access or use the Klinx Ads Program (free and sponsored job postings, targeted ads, or organizing virtual hiring events) you are agreeing to be bound by the Klinx Ads Program Terms found within this document.
- If you access or use the Klinx Resumé Search Program, also known as Searchlight (seeking candidates for jobs on the Site within the Klinx Resumé Database), you are agreeing to be bound by the Klinx Resumé Search Program Terms found within this document.
- If you access or use the Klinx API(s), you are agreeing to be bound by the Klinx API Terms found within this document.
- If you access or use the Klinx Hiring Platform (online interviews and other hiring tools), you are agreeing to be bound by the Klinx Hiring Platform Terms found within this document.
- If you access or use the KlinxOS service, you are agreeing to be bound by the KlinxOS Terms found within this document.
- If you access or use the Klinx Publisher Program, you are agreeing to be bound by the Klinx Publisher Program found within this document.; and
- For all other uses of the Site, you are agreeing to be bound by the Klinx General Terms of Service.
- For more information on Klinx’s Terms, please see our Klinx Terms FAQ.
A. Terms of Service for Job Seekers
For purposes of this Section A of the Klinx General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as a Job Seeker. As a Job Seeker, you are permitted to use Klinx’s Site and its content solely for non-commercial purposes. You further agree that the Terms of Service for All Users also apply. For the avoidance of doubt where the Terms of Service for All Users overlap or conflict with the Terms of Service for Job Seekers, you agree that the Terms of Service for Job Seekers will govern.
1. Job Ads or Job Listings
Klinx may make available Job Ads advertising employment opportunities and other job-related content, including links to third-party websites (“Job Listings” or “Job Ads”), through the Site’s search results or otherwise through the Site. Searching for Job Ads on the Site is available through a paid subscription for Job Seekers. Job Seekers are also required to subscribe to Klinx to respond to Job Ads. The Site displays Job Ads based on a combination of compensation paid by employers to Klinx and relevance, such as search terms, and other information provided and activities conducted on the Site. While Klinx may in some circumstances be compensated by employers who post Job Ads, helping keep subscription prices low for Klinx Job Seekers, all Job Ads are considered advertising.
Job Ads are created and provided by third parties over whom Klinx exercises no control; you acknowledge and understand that Klinx has no control over the content of Job Ads, links to or from Job Ads, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Site. For example, some of these third parties may attempt to charge Job Seekers a fee to apply to a particular job, although Klinx endeavors not to make such Job Ads available on the Site. If you leave the Klinx Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third party. Except for sponsored, featured or paid placements, the Job Ads contained on, or linked from, the Site are indexed or posted in an automated manner. Klinx has no obligation to screen any Job Ads, or to include any Job Ads, in its search results or other listings, and may exclude or remove any Job Ads from the Site or your search result without any obligation to provide reasoning for removal or exclusion. You understand and agree that Klinx has no obligation to present you with any or all Job Ads. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. Klinx assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads, or other information submitted by any Employer or other user.
When you initiate a job application on a website operated by an Employer or its applicant tracking system, Klinx may collect certain information about you and any actions taken by you during your visit using automated means, such as via Application Programming Interfaces (API), cookies, pixels and web beacons. The information collected includes, for example, information about job listings you viewed and job applications you started and completed. An Employer who uses tracker functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that Klinx has no control over such an Employer or its website. You agree to Klinx’s use of, and receipt of information from, any such tracker functionality.
Klinx may provide independent functionality to assist you. For example, Klinx may provide search options to help you narrow down Job Ads search results by job type categories (i.e. full-time, part-time, etc.), and such categories are created independently and entirely by Klinx, and may not directly or accurately reflect the content of the Job Ads. Klinx may reformat Job Listings so that you may read them more clearly on a mobile phone. Klinx may also promote Job Ads by select Employers on certain pages or websites dedicated to a specific topic, such as inclusive hiring, or military-friendly job posts. The placement of a Job Ad on a dedicated page or website is not a representation regarding the nature of the role for legal purposes (for example gig economy postings are not necessarily limited to contractor status jobs and may also include engagements for employment relationships) or a representation regarding the attributes of an Employer. Klinx does not guarantee that applying to jobs through a dedicated page or website will lead to a better job application experience, a job interview, or a job offer. The dedicated pages or website do not contain an exhaustive list of Job Ads, and no inferences can be drawn with respect to Job Ads or Employers that are not displayed on dedicated pages. Klinx may also provide functionality to call a telephone number contained in a Job Ad using the phone app on a mobile device. Klinx cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job Ad you are viewing.
2. Resumé and Profile
By creating or adding information to a profile through the Site or uploading a file resumé on the Site (collectively, “Your Profile” or “Job Seeker Profile” or “Klinx Profile”), you are requesting and authorizing Klinx to make available your Klinx Profile to anyone accessing our Site, such as Employers that Klinx believes may have an interest in Your Profile, users of Klinx’s Resumé Search, or anyone with access to the URL associated with your searchable Profile. We offer you the option to make Your Profile searchable on the Site to help you find a job. You are responsible for keeping Your Profile accurate and up-to-date.
When you create or add information to Your Profile on the Site, Your Profile is set to searchable on the Site (“Searchable”) by default. If you do not want Klinx to make Your Profile available to third parties or if you do not want Employers to contact you, set your Klinx Profile and uploaded file resumé to not searchable or “cannot be found” through the Site (“Not Searchable”). This can be done by going to your “Profile” page and changing the settings to “not searchable” or “employers can’t find you on Klinx.” Profiles that are not searchable on the Site are only made available to those to whom the Job Seeker has submitted an application or provided their resumé. Applying to jobs or otherwise sharing Your Profile with Employers may result in Your Profile being copied and published even if it is set to Not Searchable. While you may change Your Profile privacy settings at any time, setting Your Profile to Not Searchable will not affect your previous applications or prevent employers you responded to from contacting you. Profiles set to Searchable, including yours, can be copied by search engines and other third parties accessing the Site, who can then make those Profiles publicly available elsewhere. Klinx does not control such third parties. If Your Profile is copied in this manner, then setting it to Not Searchable on the Site will not affect those third parties or the copies they have made of Your Profile. Changes to Your Profile on the Site may or may not be reflected on copies made by third parties. Even if your Profile is set to Searchable, we may hide your Profile from your current or prior employers, but cannot guarantee that you will not be found by these employers. If you do not want Your Profile to ever be publicly visible or copyable, you must keep it set to Not Searchable. Klinx may set any Searchable Profile to Non-Searchable, or otherwise make it unavailable, if it contains content prohibited by this Agreement or for any other reason in Klinx’s sole discretion. Klinx assumes no responsibility and disclaims all liability for Your Profile, your information, or application information that you share with Employers or otherwise make public. You can read more about privacy on Klinx here.
Do not include sensitive or confidential information, such as a background check, credit report, medical or health information, social security number or other identification numbers, in your Klinx Profile that you do not wish to be viewable by employers or others. If Klinx discovers or determines that data contained in your Klinx Profile is sensitive or confidential, we may hide that data from employers. We cannot guarantee that this data will not be shown to employers or others.
In the United States, Klinx may make publicly available information aggregated from various sources searchable by third parties (like Employers) through our Klinx Resumé Search offering. We make that information available on a limited basis and for a limited time to help connect you to potential Employers about their Job Listings or job opportunities. You may remove your publicly available information from our Klinx Resumé Search or Smart Sourcing offering and unsubscribe from receiving potential job opportunities from Employers by following the unsubscribe link in our messages. To delete your publicly available information from our Site, submit this form.
As we continue to improve the Site, you may see phrases like ‘Employers can find you’ and ‘Employers can’t find you’. For the purposes of the Terms, these phrases are synonymous with the previously employed terms ‘Searchable’ and ‘Not Searchable,’ respectively. These phrases are only a rephrasing for the purpose of enhancing user understanding, and they in no way alters the substantive rights, obligations, or protections provided under our Terms.
By creating or adding information or a resumé to Your Profile, you are requesting and authorizing Klinx, or a Klinx vendor, to review or scan Your Profile and resumé(s) and provide you feedback (at Klinx’s discretion), including suggested changes, other jobs you may consider applying to because your qualifications may match their requirements, and suggestions for additional information you may want to include with your application to a particular job. We may also provide you with feedback through additional resumé review services, such as helping you understand how your resumé or profile may be parsed by applicant tracking system software, feedback on ways to build a more effective resumé or profile, or a personalized resumé review video. We provide this feedback directly to you, and may give you the ability to access it within your account. It is not made available to Employers. You agree that your use of any feedback or other information provided through resumé review services is at your sole discretion. You are the only one responsible for deciding which jobs to apply to and what to include in your applications. Klinx assumes no responsibility and disclaims all liability for any actions you take based on any provided feedback. Klinx does not guarantee that any recommended jobs are suited for you.
By creating or adding information to a Klinx Profile or uploading a file resumé on the Site, Klinx may share with you Job Ads that match the contents of Your Profile. Klinx may also highlight to you items in Your Profile that may match qualifications from the Job Ad, or highlight to you items that appear in the Job Ad and may be missing from Your Profile. These highlights do not mean you are or are not qualified for the job or that you should or should not apply for it. Applying for such Job Ads does not guarantee job interviews or hiring. Even where Klinx highlights items or a Job Ad is shared with you, Klinx assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Ads or highlights. By uploading a file resumé on the Site, you agree that Klinx may convert your file resumé to a different file type. It is your responsibility to review Your Profile and resumé to ensure that the content appears as you intend, and that it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Klinx to do so. It may take a few days for updates to your account or Your Profile to be reflected. Klinx assumes no responsibility and disclaims all liability for Your Profile or other application information you post, send or receive through the Site.
If you have a Klinx account, Klinx Resumé, or an uploaded file resumé, you agree that Klinx may associate any of this data with your Klinx Profile. Your Klinx Profile consists of information you provide on the Site in the “Profile” section of your account. This includes your Klinx Profile, your uploaded file resumé or Klinx Resumé, and any information that you choose to provide on the Site, such as your desired job title, job types, work schedule, qualifications, preferences, whether you are ready to work, or pay.
As we continue to improve the Site, you may be presented with the option to apply for a role using your Klinx Profile. Information in your Klinx Profile, except as otherwise indicated on the Site, may be available to third parties, such as Employers. If you do not want Klinx to make your Klinx Profile available to third parties or if you do not want Employers to contact you, set your Klinx Profile to Not Searchable or remove information and resumés from Your Profile. When you create or upload a new version of your resumé as part of an application, Klinx may automatically save that copy to your Klinx Profile. We may also offer you the option to save multiple versions of your resumé to your Klinx Profile. Klinx will store the multiple versions of your resumé at our discretion, and we reserve the right to discontinue storage or remove your resumé from the Site for any reason, including for purposes of updates, improvements, or bug fixes without liability or notice. You are responsible for keeping your own copies of your resumé. You can enable the ready to work feature on your Profile to let Employers know that you can start work immediately. Klinx may disable that feature from your Profile after a certain time, but you can manually enable it again.
To mitigate fraud, Klinx may mask or hide your contact information, for example, we may mask or hide your name, email address and/or phone number, from Your Profile, your resumé, or application, and may substitute those with an alias (for example, your current or last job title in Your Profile). Klinx makes no promise to you about whether all or part of your contact info will be masked or hidden, and the decision to mask or hide such info is in Klinx’s sole discretion. Klinx may also mask some or all of the Employer’s contact information, or an Employer may choose to mask their contact information when they contact you. In either case, you agree to an Employer contacting you from a masked phone number or email, and that you may not be able to return their call unless they provide their real number to you. Klinx reserves the right to limit your ability to set Your Profile to Searchable, and may toggle Your Profile to Not Searchable, at any time, to prevent illegal conduct, for fraud mitigation, or for any other reason in Klinx’s discretion. Klinx makes no guarantee that Your Profile will be shown to any particular Employer or that any portion of the Klinx Profile database will be available to an Employer at any particular time.
In certain markets, Klinx works with organizations who are involved in helping Job Seekers find opportunities. Notwithstanding the possible use of the term “partner” or “partnership,” Klinx’s engagement with these organizations does not create or imply a joint venture, partnership, principal-agent relationship, or any other form of joint enterprise between the “partner” organization and Klinx. In some instances, Klinx shares limited information back to these organizations about Job Seekers if Job Seekers agree to such sharing. For example, confirmation that a Job Seeker has created a Klinx account or used one of our Sites successfully (for example, by applying to a certain number of jobs or utilizing our career guides). These organizations may advertise their career services in partnership with Klinx. Klinx is not responsible for, and disclaims all responsibility and liability for the activities of these organizations and their career services. Klinx does not guarantee the quality or effectiveness of any advice, recommendations, guidance or services you may receive from these third parties. You agree that, to the maximum extent permitted by law, Klinx will have no liability arising from any interactions you have with such a third party organization.
In connection with Klinx’s work with these organizations, Klinx may offer Job Seekers opportunities to present particular skills and qualifications on their Klinx Profile in connection with training programs or courses they have taken. Job Seekers are ultimately responsible for the contents of their resumés or Profiles, as well as their job searches and applications. Klinx assumes no responsibility and disclaims all liability for Klinx Profiles or application information that Job Seekers share with Employers or otherwise make public. Klinx makes no guarantees regarding your job application experience, that your Klinx Profile or resumé will be shown to a particular Employer, that Employers will contact you, or that you will receive job interviews or job offers.
3. Applying to Jobs Through the Site
Any profile, resumé or application information that you submit through the Site, including Personal Data included in a resumé, application or responses to screener or other questions (“Klinx Apply”), is subject to this Agreement (including Section D.3.) and to Klinx’s Privacy Policy (all references on the Site to “Apply Now”, “Easily Apply”, “Simple Apply”, “Apply from your phone”, “Apply with Klinx”, “RSVP to hiring event” or any similar references mean “Klinx Apply.”). To maintain the quality of the Site and Services, Klinx in its sole discretion may impose limits on your ability to apply to Job Listings or to other Klinx services. Use of any automation, scripting, or bots to automate the Klinx Apply process outside of Klinx’s official vendors and tooling is prohibited.
Prior to submitting your application through Klinx Apply, you will be given the opportunity to review the information. It is important that you review this information carefully, including all attached files, to ensure that what is being submitted is accurate and complete, and that you are applying to your desired Employer and submitting the desired information to that Employer. You are solely responsible for the contents of the application that you submit, including all attached files. Once you provide information to an Employer (whether in the form of a job application, Klinx Profile data, resumé, email, interview material or otherwise), Klinx does not have control over the Employer’s use or disclosure of that information. If you want to request the Employer delete, modify, or maintain confidence over any such information, you must make such a request directly to the Employer. Unsubscribing from calls from Employers through the Site does not apply to interviews you have already scheduled. If you require alternative methods for applying, you must approach the Employer directly to request such alternative method, as Klinx is not responsible for the Employer application process.
When you ask Klinx to submit your application or other information through Klinx Apply, you are sending your resumé and application information to Klinx, and you are requesting and authorizing Klinx to make available such application information to the applicable Employer(s) for the indicated Job Listing(s). You further agree to Klinx’s performance of automated processing in relation to your application, as such processing is an essential part of this Agreement. When you ask Klinx to transmit an application or a message, including, but not limited to, a signed offer letter, to an Employer via Klinx Apply or the Site’s relay system, or store such application, you understand that this is without warranty, and that Klinx reserves the right to reformat such application or message. Additionally, you consent to your application and any responses sent to you by the Employer (including offer letters) through the Site being processed and analyzed by Klinx according to this Agreement and Klinx’s Privacy Policy.
You acknowledge and agree that Employers may request that Klinx assemble your application materials, resumé, answers to screener questions, and other information you provide to Klinx into one document, and you agree that in doing so, Klinx assembles these application materials on your behalf. When you apply to a job using Klinx Apply, Klinx will attempt to send your application to the contact information provided to us by an Employer or their Agent, which may include sending your application to an Applicant Tracking System (ATS) or other service provider selected by the Employer. You agree that Employers can enable such service providers to access and manage their Klinx accounts, including by connecting to and integrating with APIs provided or used by Klinx. By applying for a job through the Site, you agree to Employer’s use of such service providers, and acknowledge that such use may involve an intermediary’s access to job applications sent to its Employer client. We cannot guarantee that such messages and applications will be delivered, received, accessed, read or acted upon. Klinx also does not guarantee that any Employer will receive, be notified about, access, read or respond to any such resumé or other application material, or that there will be no mistakes in the transmission or storage of the data. Klinx depends on the Employer or the Employer’s agent to provide Klinx with the correct destination for all applications, and we cannot vouch for the validity of the contact information provided to us by Employers. If the electronic destination provided to Klinx is incorrect, your application materials will not be sent to the intended recipient of the application. Further, Klinx does not guarantee that its integrations or the interface will be error-free. However, Klinx may alert you when any of the above events occur.
Job Ads may expire or otherwise be removed between the time you submit your application and the time it is received, in which cases your application will be void. Klinx has no responsibility for expired or removed Job Ads or for delivering applications prior to a Job Ad’s expiration or removal. Klinx and its third-party providers may store your application and related information regardless of whether a Job Listing has been closed or is no longer available on the Site. We also cannot vouch for the technical capabilities of any third-party sites, including but not limited to ATSs. Third party sites, including ATSs used by Employers, may disclaim liability for technical malfunctions, including the failure in the delivery of applications. We are not responsible if an ATS rejects or fails to deliver an application to an Employer for any reason. If you do not feel comfortable sending an application or messages in this manner, or having your application or messages stored by Klinx on Klinx’s or third-party providers’ servers, do not use the Klinx Apply or Klinx relay functions and please send your application or messages directly to the Employer by whatever other method you so choose, including the public mail system. You may contact the Employer directly to find alternative methods of application if you do not wish to apply through the Site. By using the Klinx Apply system, you fully consent to the above.
By using the Site, you agree that Klinx is not responsible for the content of the Employer’s job application, requirements, messages, screener questions, skills assessments or their format or method of delivery, and that Klinx does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that Klinx does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Employers are solely responsible for compliance with all applicable laws, including the Fair Credit Reporting Act and similar laws, anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and any applicable data protection or privacy laws. Employers are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law in any other country or jurisdiction. You must contact the Employer if you require alternative methods of screening. Some questions may be labeled as Optional, indicating only that the application may be submitted to the Employer without providing an answer. Klinx cannot guarantee that the Employer will consider such an application or make a particular determination with regard to such an application. Employers may ask applicants to voluntarily self-identify certain demographic information such as race, ethnicity, sex, disability and/or veteran status along with their job applications. Some Employers are required by law to ask these questions and you may see these questions when applying to jobs on the Site. That is a separate process from Klinx’s collection of demographic data (see section 11, “Your Job Seeker Data,” below). Klinx is not responsible for these questions. If you have questions or concerns about an Employer’s application materials, please contact the Employer directly or refer to their privacy policy. Klinx does not guarantee the identity of an Employer or any individuals working for any Employers, and cautions Job Seekers when applying to jobs. Klinx cannot make any guarantee regarding health and safety measures in an Employer’s hiring or interviewing process. Klinx recommends Job Seekers follow personal health and safety best practices as recommended by the World Health Organization or similar institution. Klinx does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy of any Employer or job offer.
By using Klinx Apply and answering screener questions, you acknowledge that Employers may have instructed Klinx to send out rejection notices if your answers do not match the answers sought by the Employer, and you acknowledge that Klinx has no discretion in the transmission of these rejections. Klinx may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing Klinx to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. These notices are automatically sent after a period of time selected by the Employer, unless the Employer indicates to Klinx their interest in your application. You acknowledge and agree that Klinx has no discretion in the sending of these messages, and that any such messages are solely a result of the Employer’s decision to activate Employer Assist and to not take an action on your application on the Site within the time period selected by the Employer. Any interactions the Employer has directly with you and not through a tool provided by Klinx (for example, calling or emailing you directly instead of through a Klinx Relay Service) are not visible to Klinx, and would not by themselves prevent an Employer Assist rejection notice from being sent. Klinx assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of any Employer Assist notices.
By using Klinx Apply and answering screener questions, you acknowledge that Employers may have instructed Klinx to schedule interviews with Job Seekers who meet criteria (based on information the Job Seeker has provided to Klinx, such as answers to screener questions, resumé or other information) that the Employers have selected, and based on the Employers’ availability. You agree that Klinx has no discretion in the transmission or storage of these interview invitations (which are purely mechanical), that transmission or storage is not guaranteed, and that the availability or criteria the Employer provided to Klinx may not be accurate. Klinx may request that Job Seekers confirm their interest in the position before scheduling an interview. It is ultimately your and the Employer’s responsibility to confirm whether any interviews were scheduled, or to reschedule or cancel interviews if necessary. The decision of who to interview is decided solely by the Employer, who can choose to interview any Job Seeker at any time.
Klinx may offer Employers functionality that groups applicants based on whether they meet or may meet Employers’ criteria, based on text in their resumés or answers to screener questions. In all cases, Employers can view any applicant at any time, and Klinx makes no decisions about any applicant. You agree that such functionality does not constitute or contribute to a decision, and is not a substitute for human discretion and review. The Employer is solely responsible for its screening and hiring decisions.
When you search for jobs on the Klinx Job Search app and proceed to apply for a job, including jobs on third party sites, the Site may suggest information from your Klinx profile to include in your application. It is your responsibility to review suggestions before accepting them and including them on your application.
You acknowledge that as part of its efforts to combat fraud and spam, Klinx may require that users verify their email address. When you apply to a job through the Site, you agree that you may be required to verify your email address, and that failure to verify may lead to your application being rejected.
4. Job Matching and Recommended Jobs
Job matches are recommendations which may be presented to both you as a Job Seeker and to Employers in various formats on the Site. For example, Klinx may recommend Job Ads which are similar to jobs to which you recently applied, or recommend Klinx Profiles to Employers which match Job Ads they post. Job matching is provided to you on a beta basis and is subject to our Beta Program (see section 9 of the Terms of Service for All Users).
To generate matches, Klinx uses data collected through our Site from both Employers and Job Seekers. This includes Job Ads, Your Profile information, information from your resumé(s), your application materials (including responses to screener questions), and your activity on the Site (such as searches you run and Job Ads you click on and apply to). You agree and consent that Klinx may use this information to present potential matches to you and to potential Employers.
Klinx may automatically send you recommended jobs via the email address you use to apply to a job or the email that is associated with your Klinx account.
5. Communications and Other Actions on the Site
When you view, send, store or receive communications or materials (including Job Listings, resumés, messages, text messages, chats, emails, applications, questions and responses in applications, interview or other voice recordings or transcripts, and any other information) to, on or through the Site, you agree to your communication and materials being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other Klinx policies, content moderation, and to improve the Site or any other Klinx product or service. To achieve these purposes, we use this data to develop, train, build, and use statistical models, including artificial intelligence and machine learning models. Klinx also uses vendors as an extension of the Site to collect, record, process, analyze, and store communication data. If you disagree with any part of these terms, do not use the Site.
When an Employer views, sends, stores or receives communications or materials to, on or through the Site, Klinx may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions with regards to a Job Ad, your Profile, or your application, such as pausing or closing a Job Ad, opening your Profile or application, viewing your Profile or application, responding to your Profile or application, and making a decision with regards to your application or Job Ad. As part of this functionality, you may receive notifications via the app, SMS, email or platform corresponding with your or an Employer’s (in the event you applied for a job) activity on or use of the Site, Klinx Apply, Klinx Messaging, or any other communications service, product, or feature provided on or through the Site. In all cases, such notifications are provided solely as a courtesy, and you should not rely on them. For example, if you accept an interview request, it is your responsibility to follow up with the employer separately to ensure they know your response, do not rely on notifications through the Site. Klinx disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.
Klinx may offer you the opportunity to receive a text message interview reminder from Klinx when an Employer has scheduled interviews with you. In such an event you will enter your phone number on the Klinx consent form and by entering your phone number you are representing and confirming it is your phone number and that you have the right to accept text messages at the number. Klinx will only send you text message reminders for your interviews, and you agree to accept such text message reminders on your cell phone, including messages sent by automated telephone dialing system. You acknowledge that if the words “automated,” “automatic,” or similar words are used on the Site in connection with calls or text messages, these words do not refer to the generation or storage of a phone number. Klinx only calls the number that you generated and stored when you provided your number to Klinx. In the event you change your phone number, you agree to promptly update your Klinx account with the new number. You agree that by providing your phone number or using the Site, you are establishing a business relationship with Klinx and that Klinx may send you text messages in connection with that relationship.
Klinx may enable in-app messaging services (“Klinx Messaging”), as well as text messaging relay, email relay, and/or call relay services through our Site directly or through vendors to help facilitate contact between Employers and Job Seekers about a Job Listing. Klinx may also enable you and/or Employers to connect with each other on Klinx Messaging via third-party providers. You understand that communicating through Klinx Messaging and/or other communication options on or through the Site shall be limited to the purpose of applying for a Job Listing. Klinx reserves the right, in its sole discretion, to turn off or disable Klinx Messaging or other communication options for any Employer or Job Seeker at any time without prior notice and for any or no reason. Please note that since relay services depend on the functionality of third-party providers, there may be technical delays and other errors on the part of those providers. We cannot vouch for the technical capabilities of any third parties to send or receive communications, such as text messages, emails or calls. We also do not guarantee that Klinx’s integrations with these third-party providers or interface will be error-free. Further, we do not guarantee that communications sent to or through Klinx Messaging will be delivered, received, accessed, read or acted upon. However, Klinx may alert you when any of the above events occur. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
Klinx may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Employer. Once an Employer has your contact info, you agree that Klinx is not responsible or liable for the manner in which the Employer uses the info. When you or an Employer send a message to a Klinx provided alias, Klinx and its vendors will process the message to offer you services, display your message on the Site, and for other purposes as provided in this Agreement. For example, when you send or receive a message to a Klinx alias via email, Klinx will decide how and what to extract and display on Klinx Messaging. Some messages related to the same conversation may not be grouped together. Klinx may also group messages together as part of a conversation on Klinx Messaging. This is done as a courtesy, and some messages related to the same conversation may not be grouped together. When communicating with an Employer through the Site, the Employer sender’s information may be displayed in different ways, for example, you may see the Employer’s company name or the name of the specific person sending the message, but you may not see all that info in all circumstances. You agree to not use Klinx Messaging to send bulk messages, unless specifically authorized in the Klinx interface. You agree to not circumvent this limitation through using your email service provider for this purpose, for example by sending email messages through your email service provider (e.g. your Gmail or third-party email provider) to multiple Klinx aliased email addresses. If a user, such as an Employer, sends an email to multiple recipients (e.g. by adding additional aliased email addresses to the cc field in a third-party email client), this may affect the way messages on the Site are displayed. In this case, it is best to view the email conversation in the third-party email client. Should you choose to send an email from a third-party email client, the person with whom you are communicating may be able to see your email address, rather than the alias. You agree that Klinx is not responsible or liable for the content of any message or call from you or Employers. You further agree that Klinx is not responsible or liable for the manner in which you or Employers use Klinx Messaging or other communication options.
Klinx may offer you the ability to utilize a text messaging relay service to facilitate contact for the purpose of submitting applications and for other communications related to Job Listings (“Text to Apply”). Klinx may also offer you the ability to utilize a QR scanning service to facilitate contact for the purpose of submitting applications and for other communications related to Job Listings (“Scan to Apply”). To use Text to Apply, a Job Seeker must text an Employer’s preset keyword (“Keyword”) to a telephone number which may be included in the Employer’s advertising materials, such as a sign, flyer, or other materials or items that Employers display which contain a Keyword and phone number or QR code (“Sign”). To use Scan to Apply, a Job Seeker must scan the QR code displayed on a Sign. You agree that Klinx is not responsible for the content or placement of any Sign. By texting Keyword to the telephone number, you are consenting to receive text messages about the Employer’s Job Listings. You understand that a Keyword or QR code may be inactive or unavailable when you text the phone number or scan the QR code. You also understand and agree that messages and data rates may apply as a part of your use of Text to Apply. Please note that since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. We also cannot vouch for the technical capabilities of any third parties to send or receive such text messages. You represent and warrant that you are the subscriber and primary user of the telephone number from which you use Text to Apply. You acknowledge and agree that when you text the assigned Keyword to the phone number provided, Klinx shall respond with a text message containing a link showing the sponsored Job Ads that the Employer has associated with Text to Apply, as applicable.
Klinx may also insert functionality into messages relating to your application allowing you to place calls directly to third parties. Please note this functionality is provided solely as a courtesy. Your standard calling rates with your phone provider will apply.
Klinx may enable chatbots, which allow you to take certain actions on the Site, such as to apply to a job, to schedule an interview, or otherwise interact with the Site, Employers, or Job Listings on our Site (“Chatbots”). You acknowledge and agree that Klinx may collect, record, process, analyze, and/or store any and all communications that you have with a Chatbot or other chat features on the Site for data analysis, quality control, enforcement of the Site’s rules and other Klinx policies, content moderation, and to improve the Site or any other Klinx product or service. To achieve these purposes, we may use this data to develop, train, build, and use statistical models, including artificial intelligence and machine learning models. Klinx may use vendors as an extension of the Site to collect, record, process, analyze, and store this data.
Chatbots are automated services that do not involve human interaction. Our Chatbots are also AI-Generated Content subject to our Beta Terms (see the “Other Services” section of our Terms of Service for All Users). For example, Klinx Coworker is a chatbot whose outputs are powered by OpenAI. Klinx Coworker uses the data you input into the Chatbot, your skills, profile data, preferred location, pay preferences, and the job title you’re looking for to provide relevant Job Listings and descriptions from Klinx.
It is your responsibility to ensure the accuracy and completeness of information submitted through a Chatbot. Use of AI-Generated Content may in some situations result in incorrect output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any AI-Generated Content as appropriate. Klinx is not responsible for any loss, damage or inconvenience arising as a consequence of the use (or inability to use) a Chatbot, from the information you submit via a Chatbot, or from any outputs by a Chatbot.
Klinx reserves the right to turn on or enable chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify you that chat or other communication options are available for a particular job or Employer. For example, you may see an option to chat with an Employer before applying to certain jobs. Whether or not you see that option depends on many factors, including whether the Employer turned on that functionality and the Employer and/or Job Listing meet certain requirements. Klinx may, in its sole discretion, turn off or disable chat for any Employer or Job Seeker at any time without prior notice.
If you have turned on browser push notifications and wish to turn them off, you may do so by visiting the settings on your browser. If you have turned on mobile push notifications and wish to turn them off, you may do so through your mobile device.
It may possible to create a Klinx account with a phone number only and no email address (“PNO Accounts”) in certain countries. If you create a PNO Account, you understand and agree that there are limitations to using such an account. Such limitations include the following: (i) if you forget your password, you may not be able to recover it or regain access to your PNO Account and the data contained in your PNO Account, (ii) if you change your phone number, you will lose access to your PNO Account if you do not change the phone number on your PNO Account before you lose access to your old number and (iii) you can only create a PNO Account if you have a WhatsApp account. If you forget your password, you may be given the option to regain access to your PNO Account in some limited circumstances (“Forgot Password Option”). If you want to proceed with the Forgot Password Option, you must ensure that you have access to the phone number associated with your PNO Account. If the phone number associated with your PNO Account has been recycled or a third party has access to it, there is a risk that a third party could access your PNO Account.
To unsubscribe at any time from non-transactional WhatsApp messages connected to your PNO Account, reply STOP by WhatsApp to the relevant message. DUE TO THE UNSTRUCTURED CONVERSATIONAL FORMAT OF THIS SERVICE, WE MAY NOT RECOGNIZE OTHER UNSUBSCRIBE ATTEMPTS. Please note that since PNO Accounts depend on the functionality of third-party providers, there may be technical issues on the part of those providers. We cannot vouch for the technical capabilities of any third parties to send or receive WhatsApp messages. You represent and warrant that you are the subscriber and primary user of the telephone number registered on your PNO Account. Klinx accepts no liability regarding phone numbers in PNO accounts being recycled or Job Seekers losing access to such phone numbers.
Short Code Text Messages
If you have consented to receiving text messages (i) about employer messages and upcoming interviews scheduled on the Site (“Employer Responses and Interview Updates”) or (ii) from Employers interested in Your Profile (“Recruiter Invites”), the terms in this paragraph apply to you. Employer Responses and Interview Updates may include employer messages, confirmation messages, messages reminding you about upcoming interviews and messages regarding interview cancellations. You can cancel the Employer Responses and Interview Updates and Recruiter Invites at any time by texting “STOP” to the relevant short code or by opting-out via Communication Settings. If you want to unsubscribe from both categories of messages you must text “STOP” to both short codes. After you send the text message “STOP”, we will send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive Employer Responses and Interview Updates or Recruiter Invites messages (as applicable). If you want to join again, sign up as you did the first time or opt-in via Communication Settings and we will start sending the relevant messages. Please note that if you want to receive Recruiter Invites, your Resumé must also be set to Searchable. If you are experiencing issues with the messaging program you can reply with the keyword “HELP” for more assistance, or you can visit our Help Center . Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent by you to Klinx, and by Klinx to you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
6. Virtual Communications
Employers may offer you the opportunity to participate in virtual, pre-recorded, and remote communications using Klinx products, including but not limited to, Klinx Interview, Klinx Hiring Platform, Virtual Evaluations, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). You understand that Klinx is not a telecommunications service provider and that Klinx is only providing the option for you to communicate with Employers via services that may be offered by third-party providers. Please note that since these telecommunication services may depend on the functionality of third-party providers, there may be technical delays or malfunctions on the part of those providers. We cannot vouch for the technical capabilities of any third parties to receive, transmit, or support such phone or video communications. Klinx does not guarantee any aspect of your Virtual Interview experience including transmission of phone or video communications, quality of audio/visual content, data security, or data usage and restrictions. Klinx is not liable for any claims arising out of your use of Virtual Interviews and you release Klinx from any such claims.
You understand that Klinx does not guarantee the Employer’s schedule or availability for conducting Virtual Interviews and cannot vouch for the validity of the contact information provided to us. You also understand that the Employer is responsible for any and all questions, comments, or hiring decisions made. Furthermore, Employers are responsible for any accommodations you need during Virtual Interviews.
NOTICE – Virtual Interviews may be recorded: you understand that an Employer may enable the recording of a Virtual Interview or you may be given the option to pre-record an interview to provide to the Employer. You agree to respect any notification (visual, audio, or otherwise) which may indicate that recording is enabled by or on behalf of an Employer on Virtual Interview. If you do not agree to be recorded, you must refrain from pre-recording an interview or you must immediately leave the Virtual Interview. By using Virtual Interviews, you agree that the Virtual Interview may be recorded and that Klinx and third-party providers can store, access, and analyze the recording. You also agree that an Employer that receives pre-recorded interviews or activates the recording function, can access, store, use, analyze, and share the recording, and that this activity is outside of Klinx’s control. YOU FURTHER AGREE THAT KLINX IS NOT LIABLE FOR ANY CLAIMS ARISING OUT OF THE RECORDING OF VIRTUAL INTERVIEWS, AND YOU RELEASE KLINX FROM ANY SUCH CLAIMS.
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, KLINX IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. KLINX ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH USE OF VIRTUAL INTERVIEWS. YOU FURTHERMORE ACKNOWLEDGE AND AGREE THAT KLINX DOES NOT ASSUME ANY RESPONSIBILITY FOR AVAILABILITY OR RETENTION OF ANY RECORDINGS OF VIRTUAL INTERVIEWS. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN VOLITION, DISCRETION, AND RISK, AND THAT KLINX DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.
7. Screening Tools
Klinx may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and assessments. Klinx is licensing these tools for Employers’ use as determined by Employers. As a Job Seeker you agree that the Employer has made the determination to use these tools as part of its application process, and the questions asked are solely determined by the Employer, and are not being asked by Klinx. The Employer is the sole party to determine which answers will qualify a candidate and is solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”.
Klinx does not act as an employment agency by offering screening tools. By using screening tools, you acknowledge and agree that Klinx is not procuring employees for Employers or procuring opportunities to work for Job Seekers. Klinx merely provides a tool enabling Employers and Job Seekers to exchange information as they determine. The sole responsibility for the content of any screening tools, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of screening tools, is solely with Employers or Job Seekers as applicable.
You further acknowledge that only the Employer is responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law. While Klinx is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, each disability is unique and Klinx does not warrant that the method of delivery of these questions is compliant with the Americans with Disabilities Act or any equivalent or similar law.
8. Career Services
Klinx may offer you resumé review, resumé scan, offer coaching, live video consulting sessions, writing services, general career guidance, or other consultation services (collectively, “Career Services”). By using Career Services, you request and consent that Klinx, or a Klinx vendor, provide you with the service you select. You may only use Career Services for advice concerning your own resumé, offer, or employment situation and not another person’s. As a user of the Site, Klinx may also, from time to time, provide you career or hiring guides via blog posts, email, chatbots, AI-Generated Content, or other channels as part of its services to you. For example, Klinx may provide tips on improving your resumé or how to use your resumé effectively in the job application process, commonly asked interview questions, next steps after you have submitted an application, how to prepare for a new job after you have been hired, or assist you with exploring new career opportunities. Klinx offers these Career Services as optional guidelines for its users, and all liability with respect to actions taken or not taken based on the contents of such Career Services are hereby expressly disclaimed.
When filling out forms associated with Career Services, you agree to provide complete and accurate information. Any information you upload through the forms, including a resumé, constitutes User Content and shall be treated in accordance with any User Content sections herein. Any career-related or hiring-related information, feedback, guides, AI-Generated Content, or other content provided by Klinx, or Klinx’s vendors, through Career Services or otherwise, is for informational purposes only, and is in no way to be construed as professional career counseling, advice that you should rely upon, or staffing services (unless otherwise expressly noted by Klinx). You understand that Klinx may give suggestions or information regarding best practices. However, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, Klinx is not acting as a job placement agency or staffing firm (unless otherwise expressly noted by Klinx). You are responsible for reviewing any career or hiring-related information provided to you, for example, for accuracy and completeness. You are also responsible for editing the information before you use it, for example, for an employment application. Klinx is not responsible for the accuracy or completeness of any information that Klinx or its vendor provides you. You understand that by using Career Services or referring to or using any career or hiring information, you are not guaranteed job interviews, job placement, assurance of being hired, or a higher salary or increased benefit, and you take full responsibility for use of these services or information.
Klinx owns all rights in Career Services and other career and hiring-related material that Klinx may provide you, such as video feedback and hiring tips. By using Career Services, Klinx grants you an express, non-exclusive, non-assignable, and non-sublicensable right and license to use materials developed by Klinx or Klinx vendors for you. This license is limited to personal and non-commercial use and any further use is prohibited.
Klinx may offer, as part of Career Services, the opportunity for you to engage with third parties, sometimes referred to as career coaches or professional writers, to discuss job search, resumé writing, or career strategies, either through the Site or in person. Regardless of how you interact with them, you acknowledge that these third parties are not employees of Klinx and that Klinx is not responsible for the content of any such discussion or any actions taken or not taken based on the contents of such discussion. Do not share any information you consider confidential or personally sensitive with these third parties. Klinx does not guarantee the quality or effectiveness of any advice, recommendations, or guidance you may receive from these third parties. You agree that, to the maximum extent permitted by law, Klinx will have no liability arising from any discussion you have with such a third party. Further, the live video service functionality in Career Services may utilize a video platform created by a third party. By using any feature of Career Services that involves live video services, you agree to that third-party video platform’s terms and conditions of use.
Career Services Payment, Cancellation, and Termination. To the extent that you use a paid Career Services offering, you shall be charged as indicated on the Site. Subject to the limited cancellation rights described below, refunds (if any) are at the absolute discretion of Klinx and only in the form Klinx finds appropriate in its sole discretion. You acknowledge and agree that any credit card, bank account, and related billing and payment information that you provide to Klinx may be shared by Klinx with companies who work on Klinx’s behalf, such as payment processors.
Consumer’s Right to Cancel
The following cancellation provision is applicable only to Job Seekers who are residents of British Columbia and Newfoundland and Labrador, Canada and who have purchased a Career Services offering:* You may cancel your purchase of Career Services from the day you enter into the contract until ten (10) days after you receive the services. You do not need a reason to cancel. If you do not receive the services within thirty (30) days of the date stated in the contract, you may cancel the contract within one (1) year of the contract date. Any acceptance of delivery beyond the thirty (30) day threshold forfeits such rights. You lose that right if you accept delivery after the 30 days. There are other grounds for extended cancellation. For more information, you may contact your provincial consumer affairs office. If you cancel your purchase of Career Services, Klinx shall have fifteen (15) days to refund your money. To cancel, please contact Klinx, Inc. at career-services@klinx.io.
Termination
Klinx may cancel all or part of Career Services or we may suspend your access to Career Services at our sole discretion, at any time, with or without prior notice. If you wish to terminate your use of Career Services, you may do so at any time. Klinx may also, in its sole discretion, refuse to offer Career Services to anyone, without providing a reason.
9. Salary and Other Information Provided by Klinx
Klinx may provide salary and other information and content to users for informational purposes only. For example, Klinx may provide you with data regarding estimated salaries for a given Job Listing, number of applications to a Job Listing, responses to certain screener questions for a Job Listing, or the likelihood that a particular event will occur such as being selected for an interview. This information provided by Klinx is based on estimates given for informational purposes only and without warranty, and is subject to change or varying levels of accuracy. Please note that all salary figures displayed on the Site are approximations based on different criteria, including AI-Generated Content or multiple third-party submissions to Klinx, including from Klinx affiliates. These figures are given to Klinx users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.
Klinx, in its sole discretion, may add labels or badges to Employer names or Job Ads, such as, “Responsive Employer” or “Active Employer” or “Hired on Klinx” or “Verified”. Employers may also request that Klinx add such labels. Klinx shall determine the method by which such labels or badges are determined or which Employers qualify. The lack of a label or badge may indicate that Klinx does not have sufficient data to determine if an Employer qualifies. Some of the data may be provided by the Employer and Klinx does not guarantee the accuracy of such data. Klinx does not guarantee the accuracy of any label or badge that is added to Employer names or Job Ads. Klinx may add labels or badges to Job Ads – such as pay types, specialties, benefits, or union associations – based on data contained within the job description for informational purposes only. Klinx does not guarantee the accuracy of any label or badge that is added to Employer names or Job Ads, including data on Job Ads.
Klinx may also display publicly available information about employers on Company Pages. Information on Company Pages is presented for informational and promotional purposes only, is subject to change, and may be gathered from or generated by third parties. Please contact the Employer for the most accurate and up-to-date company information.
10. Your Job Seeker Data
As a Job Seeker, you take a variety of actions on our Site and you provide various information. For example, you search for jobs, and Klinx knows and stores the titles of jobs you search for and click on, where those jobs are located, the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on the Site, and any other information you provide directly to Klinx including desired salary, past experience, any information in your Klinx Profile, and any of your other behavior on the Site. You acknowledge your knowledge of what this data is because you provide the information or undertake the relevant activity, and the data pertains only to your activity. By using the Site, you acknowledge and agree that Klinx collects, records, processes, analyzes, and stores any and all information you provide and activities you take on the Site, and any and all interactions and communications you have with, on, or through the Site. You further acknowledge and agree that Klinx may inform the Employer about activities you take on the Site or your use of the Site, for example, whether you are online, recently active, or active on Klinx, and whether you are responsive to Employer messages on Klinx.
When you initiate a job application on a website operated by an Employer or its applicant tracking system, Klinx may collect certain information about you and any actions taken by you during your visit using automated means, such as via API, cookies, pixels and web beacons. The information collected includes, for example, information about Job Listings you viewed and job applications you started and completed. An Employer who provides tracker functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that Klinx has no control over such an Employer or its website. You agree to Klinx’s use of, and receipt of information from, any such tracker functionality.
You agree that any data contained in or associated with Your Profile may be used to suggest jobs to you and to suggest you or your Profile to Employers that might be interested in a person who matches your behavior on the Site. You also agree that Klinx may contact you based on this observed behavior or provided info on behalf of Employers or Klinx itself. Please note, the aforementioned actions do not include information sent to you by a third party; however, Klinx may publicly display the fact that you have recently used the Klinx Site to correspond with a third party. In addition, if Your Profile is set to Searchable, this means that Klinx may share all of the aforementioned information about yourself with third-party Employers. If you do not wish to share such information, you may set Your Profile to Not Searchable. When you make changes to your Klinx Profile, including, but not limited to, updating, deleting, or changing settings, it may take a few days for the changes to be reflected.
Klinx, in its sole discretion, may add labels or badges to Job Seeker profiles, such as “Responsive Candidate” or “New Applicant.” Klinx determines the method by which such labels or badges are added or which Job Seekers qualify based solely on Job Seeker activity on Klinx. The lack of a label or badge may indicate that Klinx does not have sufficient data to determine if a Job Seeker qualifies. Klinx does not guarantee the accuracy of any label or badge, and it reserves the right to change or remove such label or badge features at any time and in Klinx’s sole discretion.
You may have the opportunity to provide Klinx with certain demographic information about yourself, such as your race and ethnicity, gender, age, LGBTQ+ status, and disability status, as well as whether you have an arrest or conviction record (“demographic data”). By choosing to provide your demographic data you agree that Klinx may use it to evaluate and improve our products, and share aggregate summaries of job seeker information with employers. If you do not want your demographic data to be used in this way, do not provide it to Klinx (or, if you have already provided your demographic data to Klinx, you can request it be removed). You further acknowledge and agree that another Job Seeker’s demographic data is personal information, and to the extent permitted by law you waive any right to request or view demographic data pertaining to any other Job Seeker.
Please note that Klinx may be required to comply with legal obligations or governmental requests or to establish or exercise its legal rights or defend against legal claims. This means, for example, that Klinx may receive legal process from courts or law enforcement to reveal user data, including demographic data.
Please also note that some Employers may ask applicants to voluntarily self-identify certain demographic information such as race, ethnicity, sex, disability and/or veteran status along with their job applications. Some Employers are required by law to ask these questions and you may see these questions when applying to jobs on Klinx. That is a separate process from Klinx’s collection of demographic data, and Klinx is not responsible for these questions. If you have questions or concerns about an Employer’s application materials, please contact the Employer directly or refer to their privacy policy.
11. Klinx Hiring Platform
The Klinx Hiring Platform is a platform designed to streamline Employer hiring and employment decision-making processes by allowing users access to various products such as Klinx Interview and related services (“Klinx Hiring Platform”). Employers may offer you the opportunity to participate in hiring activities that might be supported by the Klinx Hiring Platform. You acknowledge and understand that Employers select the method and manner that the Klinx Hiring Platform will be used for its job openings and that the Employer determines the job requirements and specific needs of its hiring efforts. YOU UNDERSTAND AND AGREE THAT EMPLOYER IS RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING ITS EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII AND OTHER SIMILAR APPLICABLE LAWS IN OTHER COUNTRIES, AND THAT EMPLOYERS INDEMNIFY KLINX AGAINST ANY AND ALL CLAIMS ARISING FROM EMPLOYER’S USE OF THE KLINX HIRING PLATFORM OR SIMILAR PRODUCTS. KLINX DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT EMPLOYER’S USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW. Klinx has no control nor participates in the hiring or decision-making process regarding Employer hiring efforts. Further, you understand that Klinx is not an employment agency by offering Klinx Hiring Platform and related tools. By using the Klinx Hiring Platform, you understand that Klinx is not procuring employees for Employer or opportunities for Job Seekers. Klinx merely provides the Klinx Hiring platform as a tool that enables Employers and Job Seekers to exchange information as they determine.
12. Klinx Hire
Klinx Hire may provide recruitment services to its clients. When you apply to a job supported by Klinx Hire, or otherwise engage with Klinx Hire as a Job Seeker, you acknowledge and agree that Klinx Hire may use the Site and its tools as an agent to Employers, such as Klinx Apply, Virtual Interviews, and other screening tools. You further agree that Klinx Hire may use information you provide to Klinx Hire and data collected through the Site to present potential job matches to you and to potential Employers.
Employers retaining Klinx Hire are solely responsible for determining their job requirements, the specific needs of their hiring efforts, and their hiring decisions. By engaging with Klinx Hire, you understand that you are not guaranteed job interviews, job placement, suitability for a particular position, or assurance of being hired, and you take full responsibility for your own decisions and actions during the recruitment process, including the acceptance or rejection of job offers.
13. Governing Law and Dispute Resolution
This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Delaware, United States of America, if you are located in the United States, or the laws of the Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in New Castle County, Delaware, U.S.A., if you are located in the United States, or Dublin, Ireland, if you are located elsewhere. Each of the parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in New Castle County, Delaware, U.S.A, if you are located in the United States of America, or Dublin, Ireland, if you are located elsewhere. Despite the application of Irish law, if you are a consumer resident in the EU, you also enjoy the protection of the mandatory provisions of the law of the country in which you have your habitual residence. The application of mandatory provisions limiting the choice of law and in particular the application of mandatory laws of the country in which you have your habitual residence, such as consumer protection laws, shall remain unaffected.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.
14. Class Action Waiver
By using the Site or any Program Elements (defined below) and in return for the services offered by Klinx, you acknowledge that Klinx can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and the Publisher Program, you agree not to sue Klinx as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Klinx regarding your use of the Site. Additionally, as a Job Seeker, Freelancer, or Employer, you acknowledge that your use of job search, Klinx Apply, and any and all other free services on the Site are not purchased. Your acceptance of this Agreement, including this Class Action Waiver, is an essential part of the bargain allowing your free use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 13 above.
B. Terms of Service for Employers
The following terms and conditions apply to all Employers and other users who access or use the Site as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or others’ behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement. You further agree that the Terms of Service for All Users also apply. For the avoidance of doubt where the Terms of Service for All Users overlap or conflict with the Terms of Service for Employers, you agree that the Terms of Service for Employers will govern.
For purposes of this Section B of the Klinx General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as an Employer or other user as described above.
1. Employer Accounts
When you create a Klinx account, a Company Page or post job listings advertising employment opportunities and other job-related contents, including links to third-party websites (“Job Listings” or “Job Ads”) on the Site, whether as part of the Klinx Ads Program or otherwise, you agree that this Agreement (including the Data Processing Agreement ), the terms associated with any Klinx service you are using, and all of Klinx’s policies, including the Klinx Privacy Policy and Cookie Policy, apply to you.
When you create a Klinx account, Klinx may require that you verify your identity. You may be presented with different options for verification, including verification via a third-party service such as ID.me or Persona (“Third-Party Verification Services”). When using Third-Party Verification Services, you will be providing your information to our Third-Party Verification Services, and engaging with them directly. You agree that any of these Third-Party Verification Services used are solely responsible for any collection, use, storage, processing, or loss of data you provide to them, and any legal obligations related to such activities, including the capture or storage of any biometric identification or biometric identifiers. Klinx does not collect any biometric information or biometric identifiers, or receive any biometric information or biometric identifiers from any Third-Party Verification Services.
When you access or use the Site in your capacity as an employee or other representative of an Employer, or if you create a Klinx account on behalf of an Employer, you represent and warrant that you have the authority to bind the Employer to this Agreement. When you create an account on behalf of an Employer, the account belongs to the Employer, and you acknowledge that any and all information that you provide Klinx through the account, such as the actions you take and when you take them, will be visible to the Employer. As part of this account you may have an individual profile (“Employer Profile”). Your Employer Profile consists of information you provide on the Site in the “Account Settings” and “Employer Settings” section of the account.
As an Employer, your account is for business use and not for personal use. Klinx is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for a Klinx account, you agree to receive mandatory email updates regarding account activity to your Klinx account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms. Employers may request that Klinx disable an account at any time by contacting the Employer Help Center. Please note that Klinx may be required to preserve business records pertaining to that account to comply with its obligations under law. Alternatively, if an Employer agent wishes to access or delete their Personal Data held by Klinx, they should follow the steps listed in the “Your Personal Data Rights” section of this Privacy Policy.
In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner(s) (“Admins”) of an Employer account invites other users to the same account. Admin(s) and other designated users can provide these other users varying levels of access and functionality (“Roles”) within the account, as described on the site, such as accessing account data, including candidate Personal Data, contained in the account of the user who initiated the invite, or purchasing services from Klinx under such account. If you are an Admin or another designated user adding a user to a Role or several Roles, you represent to Klinx that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless Klinx from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorney fees and costs) that result from the sharing of this data, access to your account, and any purchases made under your account. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, such as: communications and actions of all other users and applicants within the Linked Account, resumé contacts, and billing information, and you consent to such access. When using a Linked Account, any users with access to certain Roles may also have the ability to purchase Klinx products under your account, and you agree that you are responsible for the payment of all such purchases made. If you accept another user’s invitation to link your Employer account to their Employer account, you acknowledge that any and all information about your activity in your Employer account, such as the actions you take and when you take them, will be visible to all linked users. Administrators of Linked Accounts may retain certain information Linked Account users provide, such as an email address used to receive applications. Linked Account users will not be able to see your activity, such as your job searches, applications or preferences or your Klinx Profile information, contained in your Job Seeker account. You may visit your account settings at any time to unlink your account. The Admin assigned to an Employer account may also unlink any user from that Employer account at any time, and may be notified if your Linked Account is used to log in from too many devices.
If your Klinx employer account has a credit card or other payment method on file, such as bank account information for Automatic Clearing House (“ACH”) payment, Klinx may charge that payment method for any products or services you order and for any outstanding payments, including to correct billing errors.
You agree that Klinx may send notices to Job Seekers informing them that an Employer account has been compromised, including if such account is associated with you. Klinx cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that Klinx bears no responsibility for doing so. Klinx makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.
Klinx may offer suggestions, recommendations, or information to users that may support or improve their experience on Klinx Sites. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. As an Employer, you are responsible for your use of the Site and any tools offered therein, including your decisions regarding your job description, the requirements for your job, compliance with applicable laws, including relevant federal, state, and local laws related to job postings, and whom you interview or hire. Klinx assumes no responsibility and disclaims all liability for any actions you take based on any information provided by Klinx. Klinx may limit your ability to post a job, or the visibility of your job, if it does not appear to indicate a salary above minimum wage, wage transparency laws, or does not comply with other applicable law; however, Klinx is not responsible for, and you are solely responsible for, compliance with minimum wage, local language, and other legal requirements.
If you are a Klinx agency partner, you may be eligible to participate in a Klinx partnership program. Agency partners in this program may attain different ranks based on their Klinx usage and engagement, measured by revenue. Klinx’s determination of an agency’s rank is made at Klinx’s full discretion and may be revoked at any time.
Klinx may offer you the ability to delete applicant and application information stored in your Dashboard. If you delete this information, you acknowledge that you will no longer be able to access it through Klinx and that the deletion cannot be undone. You agree that Klinx is not responsible for maintaining or storing employment records, job application materials or data on your behalf, and that you are responsible for your own compliance with any applicable record retention requirements or other applicable law.
2. Employer Services Including Klinx Apply and Screener Questions
You also agree that, as a service to Job Seekers, Klinx may activate its Klinx Apply relay function for use in connection with your Job Listings, that any Job Seeker may indicate interest in Job Listings through Klinx Apply, and that Klinx will send applications to the email address you provide. You also agree that Klinx may activate a chatbot, which enables Job Seekers to apply to your Job Ad by answering questions. The answers a Job Seeker submits are presented to you as a job application. When you use Klinx candidate management tools, including but not limited to your Employer Dashboard, or by activating the Klinx Apply relay function for your Job Listings, you acknowledge and agree that Klinx may make available functions allowing you to take actions regarding the Job Seeker, such as tools for setting up an interview, viewing a resumé and rejecting a candidate. You agree that if you use such candidate management tools, Klinx may assemble the candidate’s application materials, resumé, answers to screener questions, and other information the candidate provides to Klinx into one document or webpage. You further agree that Klinx is not responsible for maintaining or storing such application materials, and that you are responsible for your own compliance with any applicable record retention, reporting requirements or other applicable law. By using these tools, you consent to any information shared through the Site being processed and analyzed by Klinx according to this Agreement and Klinx’s Privacy Policy. Klinx may store such information regardless of whether a job vacancy has been filled. Applicant Summaries may be provided by Klinx for certain Job Seekers in the Applicant Details page. These Summaries are populated with information from the Job Seeker and information provided by you in the Job Description. Applicant Summaries are not a recommendation for employment. Employers agree to review the full application and not to use such summaries as the basis for employment decisions. In an Applicant Summary or other product or service on the Site, you may see a verification of a Job Seeker’s skills, certifications, or other qualifications. Klinx does not guarantee the accuracy of such verifications or information, and you are solely responsible for verifying information on the Site.
Whether you are using the Site directly or any ATS, you are responsible for the contents of your emails, application form, screener questions or their format, criteria you set for inviting candidates to interview, Company Pages that you create, update, or manage, any Job Listings that you post, and any messages that you send through Klinx Apply or otherwise, and agree that Klinx is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that you are solely responsible for compliance with applicable law for all content on the Site, including minimum wage requirements, wage transparency laws, or any other law. If you include voluntary self-identification questions for Job Seekers along with your application materials, you are solely responsible for compliance with applicable laws related to such questions, including the content and format of the questions and your use of the Job Seekers’ responses. You are solely responsible for compliance with all applicable regulatory requirements related to collecting and reporting demographic information about applicants.
If you close or change any Job Listings that you post, you agree to promptly update such Job Listings on the Site or otherwise notify Klinx. Klinx may provide you with a mechanism for responding to requests for accommodations from Job Seekers. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You are responsible for clearly indicating that reasonable accommodations are available, engaging with and responding to any requests for accommodation, and providing information about how to request an accommodation to Job Seekers.
You agree that Klinx may reject or remove any Job Listing or any questions for Job Seekers for any or no reason. For example, Klinx may remove any Job Listing or question that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing, requirement, or question specifically makes clear that only Job Seekers matching a certain criterion are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing, requirement, or question implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing, requirement, or question that directly or indirectly discriminates against Job Seekers or otherwise violates applicable law. You understand and agree that you are responsible for ensuring that your Job Listing requirements and criteria are job-related and in compliance with applicable law. Klinx does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. You are solely responsible for checking your Employer dashboard to view job applications and other information. Any notifications, such as emails, you may receive about applications or other activities, are provided solely as a courtesy to you and you should not rely on them.
In the event a message being sent is intended for a closed account, these messages will not be deliverable. If you do not feel comfortable sending a message, such as an offer letter, to a Job Seeker through Klinx’s relay functions, do not use the Klinx relay functions and please contact the Job Seeker via another method. When using the Klinx Apply function, Klinx will attempt to send applications to the contact information provided to Klinx by you, however, Klinx has no ability to verify the contact information provided by you. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify Klinx for any damages resulting therefrom.
Should you post any Job Listings for Job Seekers in any country where the cross-border transfer of personal data is regulated (such as requiring user consent), you warrant and agree that you will not cause or allow a cross-border transfer of personal data from the Site to you that violates or is contrary to the Applicable Data Protection Laws. For example, you will take such actions to ensure that any resultant job applications and other personal data to be sent or directed to your designated contact information (including an Applicant Tracking System (ATS) or other service provider selected by you) either through Klinx Apply or other relay functions shall be accessed or received by you at your business location in such country.
When Job Seekers apply or RSVP to your Job Listing, Klinx may give them the opportunity to provide certain demographic information to Klinx, such as race and ethnicity, gender, age, LGBTQ+ status, and disability status, as well as whether they have an arrest or conviction record (“demographic data”). This Klinx demographic data survey is separate from any voluntary self-identification questions provided by Employers. By using the Program, you agree that Klinx may collect demographic data from Job Seekers applying to your Job Listing using Klinx’s demographic survey, and that Klinx may use information from that survey to evaluate and improve our products. You further agree that you as an Employer have no ability, right, or entitlement to view or access demographic data collected via the Klinx demographic data survey pertaining to any Job Seeker or related to any employer by any means including civil discovery, subpoena, or any other legal process without their permission. You agree you are solely responsible for complying with all applicable nondiscrimination laws. Klinx disclaims any warranty regarding the demographic composition of Job Seekers applying to any particular job.
When you use Klinx Apply for your Job Listings, you acknowledge and agree that Klinx may add functions into the corresponding Klinx Apply emails. In addition, Klinx may, on your behalf, send out reminder emails to Job Seekers you wish to interview. Klinx may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resumé. When you use screener questions, you may be given the option to instruct Klinx to send out rejection notices if the Job Seeker has not answered the questions in the manner set forth in the online instruction. If you choose such option, such candidates will receive rejection notices and will be set to rejected in your candidate dashboard. You further acknowledge that Klinx has no discretion in the transmission or storage of these or all other rejection notifications (which is purely mechanical), that transmission or storage is not guaranteed, and that the Job Seeker may not have answered the screener questions accurately. When you use Klinx’s candidate management tools, you may be given the option to send automatic rejection notices to candidates whose status you set to “rejected.” If you choose such option, you acknowledge that Klinx has no discretion in the transmission or storage of rejection notices.
Similarly, you may be given the option to use candidate management tools that schedule interviews on your behalf with Job Seekers who meet criteria you have selected. If you choose such option, Job Seekers will be scheduled for interviews and invited to interviews on your behalf via email based on whether information the Job Seeker has provided to Klinx (e.g., answers to screener questions, resumé) matches criteria you have set. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You further agree that Klinx has no discretion in the transmission or storage of these interview invitations (which are purely mechanical), that transmission or storage is not guaranteed, and that the information the Job Seeker provided to Klinx may not be accurate. Klinx may request that Job Seekers confirm their interest in the position before scheduling an interview. It is ultimately the Employer’s responsibility to confirm whether any interviews were scheduled, or to reschedule or cancel interviews if necessary. The decision of who to interview is decided solely by the Employer, who can choose to interview any Job Seeker at any time, and by scheduling such interviews, Klinx does not warrant that a Job Seeker is qualified, meets the criteria the Employer has set, or that the information provided by the Job Seeker to Klinx is accurate. Klinx candidate management tools are intended to allow Employers to more efficiently connect with Job Seekers as they determine, and the sole responsibility for the content of any screener question, any decision to proceed or not proceed with interview or offers, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of candidate management tools is solely with the Employer. By using this and other candidate management tools, you acknowledge and agree that Klinx is not procuring employees for Employers or procuring opportunities to work for Job Seekers, and that Klinx does not act as your employment agency by offering these candidate management tools.
Klinx may highlight to Job Seekers qualifications required for your position in order to help the Job Seekers assess whether to apply for your role. Klinx does not verify the identity of any Job Seekers who apply to your job listing, nor does Klinx know a Job Seeker’s motivation for applying to your job listing, and thus provides no guarantee as to the Job Seeker’s qualifications or interest in your job listing. You agree that Klinx Apply and Klinx’s relay functions are presented to you without warranty and Klinx assumes no responsibility for the communications between you and the Job Seeker, which communications are your and the Job Seekers’ sole responsibility.
By using any automated phone screen product, you agree that you are requesting Klinx to send a Job Seeker a telephone number, which the Job Seeker may call with the purpose of answering your telephone screening questions. You agree these questions are part of your application process, are solely determined by you, and are not being asked by Klinx. You also agree that you are only asking Klinx to record the Job Seeker’s answers to your screening questions and that Klinx will forward you the recording of the answers to your questions. You consent to Klinx listening to and analyzing the recording in accordance with Klinx’s Privacy Policy, as well as to Klinx providing the recording to third parties to aid in analysis or quality of the product. Klinx disclaims all warranties with regards to the transmission or storage of such phone screens and responses, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.
You shall indemnify, defend and hold harmless Klinx, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Company Page created or claimed by you, or any Job Listing, application materials, voluntary self-identification questions, or screener questions (or answers thereto) posted by you, or any message sent by you. Klinx may make Job Ad analytics data available on a Company Page or elsewhere on the Site, and may provide analytics data regarding your Employer account to anyone at your company at Klinx’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Klinx product, Klinx reserves the right to suspend or terminate your use of that Klinx product as well as any other Klinx product, including but not limited to those Klinx products where you do not have an unpaid invoice or account balance. Klinx may elect to apply (i) penalties for late payment as per the maximum interest permitted by law and (ii) any reasonable expenses and attorney fees Klinx incurs collecting such late payments.
When you view, send, take action on, make a decision regarding, store, or receive materials (including Job Listings, resumés, applications, pre-recorded interviews, and messages) through or using the Site or any Applicant Tracking System (“ATS”), Klinx may, for any purpose, use any data of such materials or action for data analysis, quality control, or to refine the Site or any other Klinx product or service (including to provide better search results and other Job Listings for Job Seekers and Employers), whether via automated means or otherwise. Klinx may also inform the Job Seeker of your actions or activity related to such materials through or using the Site or any ATS. For example, Klinx may notify the Job Seeker about your activity or action related to a Job Ad (such as pausing or closing it), or Job Seeker’s application or Resumé (for example, that you viewed or responded to it, or that you made a decision with respect to it). Klinx may inform Job Seekers about activities you take on the Site, for example, whether you are online, recently active, or active on the Site. You hereby consent to Klinx informing the Job Seeker about such actions and activities.
Klinx, in its sole discretion, may add labels or badges to Employer names or Job Ads, such as, “Responsive Employer” or “Active Employer” or “Hiring Exclusively through Klinx” or “Verified”. Employers may also request that Klinx add such labels. Klinx, in its sole discretion, may also add explanatory content to Job Ads, which may be AI-Generated Content (as defined below), about an Employer’s likelihood to respond to a particular Job Seeker. Klinx shall determine the method by which such labels, badges, or explanatory content are added or which Employers qualify. The lack of a label, badge, or explanatory content may indicate that Klinx does not have sufficient data to determine if an Employer qualifies or if the explanatory content would apply. Some of the data may be provided by the Employer and Klinx does not guarantee the accuracy of such data. Klinx does not guarantee the accuracy of any label, badge, or explanatory content that is added to Employer names or Job Ads. Klinx reserves the right to change or remove such label, badge, or explanatory content features at any time and in Klinx’s sole discretion.
If you access or use any Klinx Application Programming Interface (API), including accessing and using the Site or any of the Klinx Apps or any Applicant Tracking System (ATS) through an API, you agree to be bound by this Agreement, the Klinx API Terms, Klinx Privacy Policy, the Site Rules, and any additional rules and policies made available by Klinx. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE ANY API AT YOUR OWN DISCRETION AND RISK AND THAT KLINX DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF ANY KLINX API. It is your responsibility to regularly review Klinx’s Apps or the Site for the most up-to-date information (including, but not limited to, explanations about how features work, disclaimers and disclosures regarding the services provided, method for charging) about Klinx’s products and services. By using an API, rather than directly using the Site or a Klinx App, you agree to all information provided on the Site or a Klinx App. Use of an Application or ATS via an API, rather than direct use of the Site or a Klinx App, shall not excuse any lack of information or understanding about Klinx’s products and services where that information is otherwise provided on the Site or a Klinx App.
Your use of a third party developer to build an integration with an ATS: Should you appoint or otherwise utilize a third party developer to develop an integration with an ATS , you shall ensure that you and the third party developer comply with all applicable Data Protection laws (including, inter alia, the execution of data processing agreements) in the development of the ATS integration. When you use the Klinx API through a third-party developer to develop an integration with an ATS you shall be fully liable for the actions and/or omissions of the third-party developer and the ATS you choose to use. You shall also ensure that all personal data (including disposition data) transferred to Klinx via the integration takes place in compliance with applicable Data Protection laws -- for example, obtaining consents from and providing notices to data subjects (as applicable) as well as implementing relevant agreements where required by such laws. You shall indemnify and hold harmless Klinx against any claim or actions brought by a data subject arising from or related to your use of the API and/or your use of a third-party developer and their use of the API.
You acknowledge that as part of its efforts to combat fraud and spam, Klinx may require that users verify their email address, including Job Seekers applying to your job. However, email verification is not guaranteed. You are responsible for your use of any software that rejects applications from unverified email addresses.
Klinx may offer functionality permitting you to request demographic information, including disability status, from applicants to your Job Ad. If you use such functionality, you represent that you are a federal contractor or subcontractor who is required to seek disability status information from job applicants for the purpose of complying with the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) requirements. You acknowledge that this functionality is presented without warranty, and compliance with any OFCCP or other governmental record-keeping requirements remains your sole responsibility. You shall indemnify and hold harmless Klinx against any claim or actions arising from your requests and/or subsequent use of such demographic information.
3. Job Match
Job matches are recommendations which may be presented to both you as an Employer and to Job Seekers in various formats on the Site. For example, Klinx may recommend resumés which match Job Ads you have posted, or recommend Job Ads to Job Seekers which are similar to jobs to which they have recently applied. Job matching is provided to you on a beta basis and is subject to our Beta Program (see section 9 of the Terms of Service for All Users).
To generate matches, Klinx uses data collected through our Site from both Employers and Job Seekers. This includes Job Ads, Resumé, application materials (including responses to screener questions), and user activity on the Site (such as searches run and Job Ads clicked on and applied to). You agree and consent that Klinx may use this information to present potential matches to you and to potential Job Seekers. Klinx’s matches uses the ESCO classification of the European Commission.
4. Salary, Applies, or Other Information Provided by Klinx
Klinx may provide some information and content to users for informational purposes only. For example, Klinx may provide Job Seekers with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job listing, or provide you with estimated applies to your Job Listing. All such figures provided by Klinx are estimates given for informational purposes only, may come from AI-Generated Content or a third party, and they are subject to change or varying levels of accuracy. If you are participating in the Klinx Ads Program and your Sponsored Job advertising budget is set on a per-apply basis, you will be charged based on Klinx’s determination of Apply count as reflected in your dashboard and not based on the number of applies that may be provided to Job Seekers for informational purposes only. Klinx may add labels or badges to Job Ads – such as pay types, specialties, benefits, or union associations – based on data contained within the job description. These are for informational purposes only and Klinx does not guarantee the accuracy of any label or badge. Klinx may also include salary estimations on pages other than Job Listings on the Site.
Please note that all salary figures are approximations based upon multiple third-party submissions to Klinx, including from Klinx affiliates. These figures are given to Klinx users for the purpose of generalized comparison only. Klinx may also provide data regarding impressions in relation to your Job Ad. Such figures are provided for informational purposes only, are subject to change at any time, and Klinx does not guarantee their accuracy. Klinx reserves the right to change the method of measuring such figures at any time.
Klinx may offer job post templates for informational purposes only. By using any of this content, you adopt it as your own and are responsible for making it true, appropriate and compliant with all applicable laws. All content provided by Klinx, including template job post information and estimated applications for a given job posting, is for informational purposes only, may comprise or be based on information provided by third parties, is provided without warranty, and is subject to change and varying levels of accuracy. Estimated applications are not a guarantee of future performance.
Klinx, in its sole discretion, may add labels or badges to Job Seeker profiles, such as “Responsive Candidate” or “New Applicant.” Klinx determines the method by which such labels or badges are added or which Job Seekers qualify based solely on Job Seeker activity on Klinx. The lack of a label or badge may indicate that Klinx does not have sufficient data to determine if a Job Seeker qualifies. Klinx does not guarantee the accuracy of any label or badge, and reserves the right to change or remove such label or badge features at any time and in Klinx’s sole discretion.
5. Screening Tools
Klinx may make available to you screening tools for your use for candidates who apply to your job, including screener questions and phone screen tools. Klinx is licensing these tools to you for your use as you determine. By using any screening product, made available to you by Klinx, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by Klinx. You agree you are solely responsible for the use of such screening tools in compliance with the law, such as: the Fair Credit Reporting Act and similar state statutes; applicable employment, equality or anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and other similar federal, state, and local laws; and any applicable data protection or privacy laws, or laws regulating use of “automated employment decision tools.” You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any similar law. You are responsible for clearly indicating that reasonable accommodations are available, engaging with and responding to any requests for accommodation, and providing information about how to request an accommodation to Job Seekers. Klinx shall direct Job Seekers who reach out to Klinx with an accommodation request to you via the contact information you provided to Klinx, and you are responsible for monitoring your inbox for such requests. While Klinx is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, each disability is unique and Klinx does not warrant compliance with the Americans with Disabilities Act or any equivalent or similar law. You agree to indemnify Klinx for any and all claims arising out of your use of a screening tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or similar law, or that your use of any screening tool results in a “disparate impact.”
Klinx may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing Klinx to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. To prevent a rejection notice from being sent, you must indicate your interest in the application on the Site. This functionality is subject to availability. Any interactions you have directly with a Job Seeker and not through a tool provided by Klinx (for example, calling or emailing a Job Seeker directly instead of through a Klinx Relay Service) are not visible to Klinx, and will not prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist then you must interact with a Job Seeker through a tool provided by Klinx to prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist, candidates with whom you do not interact within your chosen time frame will receive rejection notices, and you agree to indemnify Klinx from any claims arising therefrom. You further agree that Klinx may notify Job Seekers about the estimated time frame during which they may expect to hear back from you based on the time frame you choose in Employer Assist.
Klinx may offer functionality that groups candidates based on whether they meet or may meet Employers’ criteria, based on text in their resumés or answers to screener questions, and we may offer Employers the ability to automatically schedule calls with applicants who meet their criteria as well. In all cases, Employers can view any applicant at any time, and Klinx makes no decisions about any applicant. You agree that such functionality does not constitute or contribute to a decision, and is not a substitute for human discretion and review. You agree not to use such functionality as the sole factor, as a factor weighted more than other factors, or to modify or overrule conclusions derived from other factors, in your decision-making or hiring processes.
6. Communication through the Site
You may receive notifications via the app, email, SMS or your Klinx dashboard corresponding with your activity or use or a Job Seeker’s activity on or use of the Site, Klinx Apply, Klinx Messaging, or any other communications service, product, or feature provided on or through the Site. In all cases, such notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview a Job Seeker, it is your responsibility to follow up with the Job Seeker separately to ensure they know about the interview -- do not rely on notifications through the Site. Further, if you post a Job Listing directly on the Site, applications are sent to your Klinx dashboard; any other notifications you may receive are provided solely as a courtesy to you. For example, you may not receive application email notifications if a Job Seeker has not answered screener questions correctly, although these applications may be sent to your Klinx dashboard. Klinx disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.
Klinx may enable Klinx Messaging, as well as text messaging relay, email relay, and/or call relay services through our Site directly or through vendors to help facilitate contact between Employers and Job Seekers about a Job Listing. Klinx may also enable Employers and/or Job Seekers to connect with each other on Klinx Messaging via third-party providers. Job Seekers may be notified of messages you send on Klinx Messaging by multiple mechanisms, including within the app, email, or SMS, depending on the Job Seeker’s choice and our discretion. You understand that communicating through such Klinx Messaging and/or other communication options on or through the Site shall be limited to the purpose of hiring for a Job Listing. Klinx reserves the right to turn on or enable Klinx Messaging and/or other communication options for select Employers or Job Listings, in its sole discretion, and to notify Job Seekers that Klinx Messaging or other communication options are available for a particular job or Employer. For example, you may be eligible to enable Klinx Messaging pre-apply to certain Job Listings. To remain eligible for Klinx Messaging pre-apply, you must respond to Job Seeker communication in the amount of time identified on the Site. Klinx may, in its sole discretion, turn off or disable Klinx Messaging for any Employer or Job Seeker at any time without prior notice and for any or no reason. Please note that since messaging relay services may depend on the functionality of third-party providers, there may be technical delays and other errors on the part of those providers. We cannot vouch for the technical capabilities of any third parties to send or receive communications, such as text messages, emails or calls. We also do not guarantee that Klinx’s integrations with these third-party providers or interface will be error-free. Further, we do not guarantee that communications sent to or through Klinx Messaging will be delivered, received, accessed, read, or acted upon. However, Klinx may alert you when any of the above events occur. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
Klinx may mask or hide contact information, such as phone numbers and email addresses, and substitute it with an alias. For example, Klinx may mask Job Seeker contact information from resumés or applications. Klinx may also mask your email address or phone number, and Job Seekers may see an alias email address or phone number when they communicate with you. You agree to a Job Seeker contacting you from a masked phone number or email. If you contact a Job Seeker from a masked phone number and you do not leave your contact information, after the masked number expires, the Job Seeker may not be able to contact you by phone unless you have provided your actual contact information to them. Once a Job Seeker has your contact info, you agree that Klinx is not responsible or liable for the manner in which they may use the info.
When you or a Job Seeker send a message to a Klinx provided alias, Klinx and its vendors will process the message to offer you services, display your message on the Site, and for other purposes as provided in this Agreement. For example, when you send or receive a message to a Klinx alias via email, Klinx will decide how and what to extract on Klinx Messaging. Some messages related to the same conversation may not be grouped together. Klinx may group messages together as part of a conversation on Klinx Messaging. This is done as a courtesy, and some messages related to the same conversation may not be grouped together. When communicating with a Job Seeker through the Site, the Employer sender’s information may be displayed in different ways, for example, it may be displayed as the Employer’s company name or the name of the specific person sending the message, but you or the Job Seeker may not see all that info in all circumstances.
Klinx’s messaging system is not intended for sending one message to multiple Job Seekers. You agree to not use Klinx’s messaging services to send bulk messages, unless specifically authorized in the Klinx interface. You agree to not circumvent this limitation through using your email client for this purpose, for example by sending email messages through your email client (e.g. your Gmail or third-party email provider) to multiple Klinx aliased email addresses. You agree that any email that you address to more than one Job Seeker on the To, CC, or BCC line is separated into different emails and conversations by Job Seeker; you will see Job Seeker responses in their own email threads and their own conversations on Klinx Messaging. If a user sends an email to multiple recipients (e.g. by adding additional aliased email addresses to the cc field in a third-party email client), this may affect the way messages on the Site are displayed. In this case, it is best to view the email conversation in the third-party email client. Should you choose to send an email from a third-party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias.
If you, or anyone on your behalf, view, store, send or receive communication or materials, (including messages, text messages, chats, emails, interview, or other voice recordings or transcripts, and any other information) to, on or through the Site, you agree to the communication or material being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other Klinx policies, content moderation, and to improve the Site or any other Klinx product or service. To achieve these purposes, we use this data to develop, train, build, and use statistical models, including artificial intelligence and machine learning models. Klinx also uses vendors as an extension of the Site to collect, record, process, analyze, and store communication data. If you disagree with any part of these terms, do not use the Site.
If you use Text to Apply, you agree that you are requesting that Klinx respond to Job Seeker text messages sent through Text to Apply, on your behalf. When a person texts the assigned Keyword to the phone number provided, Klinx shall respond with a text message containing a link to the sponsored Job Ads that you have associated with Text to Apply. You acknowledge and agree that only sponsored Job Ads may be displayed and that use of Text to Apply or Scan to Apply may be a benefit associated exclusively with sponsored Job Ads. Klinx may, in its sole discretion and without prior notice, (i) suspend or terminate your use of your Keyword and require you to choose an alternative Keyword or (ii) terminate your use of and access to Text to Apply and Scan to Apply. Klinx may do so for any or no reason, including for the following reasons: (i) if you choose a Keyword that infringes third-party intellectual property rights, (ii) if Klinx is notified of any violations of our SMS provider’s terms of service or (iii) if a Sign violates any of Klinx’s terms. When promoting Text to Apply or Scan to Apply, please note that Job Seekers will need to have or create a Klinx account to complete any application. A disclaimer noting this requirement should be included in any signage promoting Text to Apply or Scan to Apply.
You agree that you are solely responsible for the Sign placement and all Sign content including any text, QR code, or design elements. Furthermore, you acknowledge and represent that your Sign and its contents do not infringe any third-party rights (including copyright or trademark) or contradict any obligations you may have under an existing contract with a third party. You agree to remove or update any Sign upon Klinx’s request. By using the Klinx name, trademarks, or logos (“Klinx Marks”) in connection with any Sign or marketing materials, you agree to the Klinx Text/Scan to Apply License Terms. All uses of the Klinx Marks shall be subject to the Klinx Trademark Usage Guidelines as may be provided to you from time to time. The Sign and any text messages that a Job Seeker sends constitute User Content and shall be treated in accordance with any User Content sections herein.
You may cancel the Text to Apply or Scan to Apply service at any time. To do so, remove any Signs and inform your Klinx Sales or Customer Success Representative. It may take a few days to process your request, and you agree that during that time persons who send Keywords to the designated phone number may continue to receive text messages. You understand that any Keywords, phone numbers or QR codes associated with your account may no longer be available to you upon cancellation. You agree that Klinx is not responsible for connecting you with Job Seekers via Text to Apply or Scan to Apply once you cancel those services.
7. Virtual Communications
Klinx may offer you the option to manage virtual and remote communications with Job Seekers within Klinx products, including but not limited to, Klinx Interview, Klinx Hiring Platform, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). Services may include giving you access to scheduling, video conferencing, web conferencing, meeting rooms, pre-recorded videos, pre-recorded audios and other collaborative services offered by third-party telecommunications service providers. You understand that Klinx is not a telecommunications service provider. Klinx disclaims all warranties with regards to the transmission of virtual communications. Klinx does not guarantee (1) availability of such services at the time you attempt to initiate them (2) the quality of such services, or (3) the dates or times you’ve arranged with Job Seekers for your Virtual Interview. Further, Klinx does not verify the identities or qualifications of Job Seekers with whom you arrange Virtual Interviews.
You are solely responsible for offering alternative methods of communicating or interviewing for individuals with disabilities, if so required by the Americans with Disabilities Act or any similar law.
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, KLINX IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. KLINX ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH USE OF VIRTUAL INTERVIEWS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT KLINX DOES NOT ASSUME ANY RESPONSIBILITY FOR AVAILABILITY OR RETENTION OF ANY RECORDINGS OF VIRTUAL INTERVIEWS.
YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT KLINX DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.
Upon your request, Klinx may extend invitations to additional representatives at your company to join Virtual Interviews. You understand and agree that Klinx will extend such invitations on your behalf based on the email addresses you provide for those representatives, but Klinx is not responsible for inaccuracies in the contact information you provide. Further, Klinx is not responsible, and you are solely responsible for the conduct or actions of your representatives. You represent that you have the authority to bind your additional representatives to Klinx’s Terms, and by extending invitations to your representatives, you are binding them to Klinx’s Terms.
You understand that Klinx is only providing the option for you to communicate with Job Seekers via services that may be offered by third-party providers. Klinx is not a party to your Virtual Interviews and is not a participant in any arrangements you make with Job Seekers. You are responsible for any requests for accommodations from Job Seekers. For example, if a sign language interpreter is requested, it is your responsibility to provide one if you are legally obligated to.
Recording Virtual Interviews: As an Employer, you may be presented with an option to enable recording of Virtual Interviews. You acknowledge and agree that you will not record, store, or analyze Virtual Interviews without permission from Job Seekers and all participants. By recording a Virtual Interview, you represent and warrant to Klinx that you have secured all necessary consent and will comply with all applicable laws, including state and federal law regarding consent to record interviews and phone calls. By choosing to record Virtual Interviews through the Site, you agree that third-party providers and Klinx can store and access the recording. However, you agree that Klinx is not obligated to store or retain any recording of a Virtual Interview. YOU FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD KLINX HARMLESS FROM ANY ALLEGATIONS, CLAIMS, ACTIONS, SUITS, DEMANDS, DAMAGES, LIABILITIES, OBLIGATIONS, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY FEES AND COSTS) THAT ARISE FROM THE RECORDING OF VIRTUAL INTERVIEWS.
Virtual Evaluations: you shall only use the recordings and other information obtained through Virtual Evaluations for your internal hiring purposes. You shall not use Virtual Evaluations for any illegal, discriminatory or fraudulent purpose. As part of Virtual Evaluations, you will submit or approve interview questions which Klinx will share with candidates. You agree that the interview questions are part of your application process and determined solely by you. Klinx may provide you with the ability to directly invite candidates to participate in Virtual Evaluations or you may instruct Klinx to automatically invite candidates who meet your selection criteria, for example, all candidates who submit an application through the Site. You acknowledge and agree that you are solely responsible for your use of Virtual Evaluations, including how you decide which candidates shall be invited to participate in Virtual Evaluations, who you decide to contact after the Virtual Evaluation has been completed and any employment related decisions that you make. Klinx does not act as your employment agency by offering you the Virtual Evaluations service. A candidate’s Virtual Evaluation video will only be deemed complete and submitted to you when the candidate approves the submission through the Virtual Evaluations tool. Klinx reserves the right to not submit a candidate’s response if a candidate or Employer uses the tool in an abusive manner, which shall be determined in Klinx’s sole discretion. You agree that Klinx is not responsible for maintaining or storing any candidate submissions through Virtual Evaluations, and that you are responsible for your own compliance with any applicable record retention requirements. You acknowledge and agree that the video recordings and transcripts associated with Virtual Evaluations may only be retained for a period of one year from the date that the recording is completed by the Job Seeker (“One Year Period”). After the relevant One Year Period, the video recording and transcript will be permanently deleted and you will no longer be able to view or access them. You acknowledge that the Virtual Evaluations video recordings contain personal and confidential information, and you confirm that those you’re sharing the Virtual Evaluations video link with have permission to view the recording. The term User Content as defined in these Terms of Service shall include the content of the interview questions, as well as the content of the Virtual Evaluations video recordings, transcripts and any other information that you or a Job Seeker sends through Virtual Evaluations.
8. Company Pages, Enhanced Profiles, Employer Branding Hub
When you post a Job Ad directly on the Site, Klinx and/or Glassdoor may automatically generate for you a Company Page and/or a Glassdoor Profile Page. You understand that Klinx may display publicly available information about your company on the Company Page, in accordance with applicable law. You authorize Klinx to claim such Company Page for you on your behalf, which will be marked as a “Claimed Profile” (or similar wording) and allows you to edit and add information to the Company Page. Company Pages allow User Content (as defined below) to be posted by individuals that may not be affiliated with the Company identified on the Company Page. Additionally, Klinx may include all of your Job Ads posted on the Site on your Company Page, including those posted directly on the Site as well as those indexed by Klinx from other sources. You agree that you are solely responsible for any content you edit or put on a Company Page, whether generated by or for you, including photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page.
Klinx may offer Klinx Company Pages Premium (“CMPP”) and Glassdoor Enhanced Profile (“EP”) (collectively, “Employer Branding Hub”), which include features accessible only on a subscription basis and may be charged as indicated in an insertion order. An insertion order is a separate agreement between you and Klinx that incorporates these Terms. Access to features accessible only by subscription is limited to one Company Page per subscription. Klinx reserves the right to change or remove Company Page, CMPP, or Employer Branding Hub features at any time, in Klinx’s sole discretion. Employer Branding Hub features may include analytics, insights, or other figures, which Klinx does not guarantee the accuracy of, and you are responsible for determining their suitability for your intended use or purpose. Use of EP (including Company Structures) and analytics and review analysis provided by Glassdoor are subject to the Glassdoor Terms of Use, except to the extent of any conflict with these Klinx Terms of Service for Employers, in which case these Klinx Terms of Service for Employers will govern. Company Structures for EP is an optional EBH feature that may be available for purchase if you have EBH. Your Company Structures will cease to function if your EBH lapses or is canceled. You may continue to be charged for your Company Structures until you either renew your EBH or cancel your Company Structures. In such situations, Klinx would be a a reseller of Glassdoor products and services, and all invoice and payment processing for such products and services shall be undertaken by Klinx and subject to Klinx’s Privacy Policy.
Please note that Klinx hosts User Content submitted by our users. User Content includes salaries, company reviews, interview reviews, company photos, answers to Q&A questions on Company Pages or Employer Branding Hub, and other materials and content provided by users to Klinx. We moderate User Content using the same standard of review for all employers and do not provide preferential treatment for our customers. You understand and agree that our application of User Content moderation policies, and our decision of whether or not to remove a piece of User Content, is within our sole discretion and cannot form the basis of a violation of this Agreement.
Klinx may offer some Employers the opportunity to be displayed more prominently, or in an enhanced way, on the Site (“Featured Employer”). Featured Employer is awarded at Klinx’s sole discretion. The ability to receive a Featured Employer designation, generally, is a function of the type of subscription for the Employer. The Featured Employer program may be changed or removed by Klinx at any time, at Klinx’s sole discretion and without notice.
9. Klinx Certifications
If you or anyone at your company participates in certifications offered by Klinx, your use of the Klinx corporate and/or Graduate indicia is limited to your individual use only, and solely for purposes of indicating your Graduate status. Use of the Graduate indicia to represent organizations or for commercial purposes is not permitted. Further, you agree and acknowledge that you will not make any representation that you are recruiting on behalf of Klinx, working for Klinx, or in any form of co-employment or contractor relationship with Klinx. Additionally, nothing contained herein shall be construed to imply a joint venture, partnership, principal-agent relationship or employer-employee relationship between you and Klinx, and neither Party shall have the right, power or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing. If you make any representation to the contrary, Klinx may remove you from its certification programs in its sole discretion.
10. HR Management Tools
Klinx may make human resources management software tools available to employers and their employees (“HR Management Tools”). If you are an employee using any HR Management Tools, you agree that such use is subject to the provisions of this Agreement. You further acknowledge that while Klinx is only providing the HR Management Tools for your and your employer’s use, Klinx accepts no responsibility for such use. Klinx does not provide legal advice and cannot guarantee that your employer will configure or use any HR Management Tool to be in compliance with the law. Your employer retains all responsibility for such compliance. If you have questions or concerns about the legality or appropriateness of any configuration of an HR Management Tool, you must raise them directly with your employer.
11. Governing Law and Dispute Resolution
This Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Site will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Delaware, if you are located in the U.S.A. If you are located in the U.S.A. you also consent to personal jurisdiction in New Castle County, Delaware, U.S.A.
If you are located elsewhere, then this Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Site will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Dublin, Ireland. If you are located outside the U.S.A., you also consent to personal jurisdiction in Dublin, Ireland.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from Klinx. If you intend to propound discovery seeking user information from Klinx Inc., you agree to do so pursuant to a valid legal request, addressed to and properly served at our registered agent at:
Klinx, Inc.
c.o. Republic Registered Agent, LLC
262 Chapman Road, Suite 208 #21372
Newark, Delaware 19702 U.S.A.
You further agree to submit to the personal jurisdiction of the appropriate Delaware, U.S.A. state or federal courts for such discovery proceedings.
You also hereby waive any right to a jury trial in connection with any dispute, action, or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.
12. Class Action Waiver
By using the Site and in return for the services offered by Klinx, you acknowledge that Klinx can only offer you these services under the Terms of Service as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue Klinx as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Klinx regarding your use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 11 above.
13. Indemnification
You shall indemnify, defend and hold harmless Klinx, its agents, affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to: (a) your violation of any term of this Agreement; (b) your use of, and access to, the Site or any Klinx product, program, or service; (c) your loss of, or disclosure of, information gained from using the Site or any Klinx product, program, or service; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws (this includes any claims that Klinx as your agent violated any such laws); (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Job Seeker; or (h) the activities of any third-party service providers you engage to assist you with activities related to your use of Klinx products and services, such as, but not limited to: facilitate your sourcing activities or track the conversion rates of job seeker through to job applicant. This defense and indemnification obligation will survive this Agreement and your use of the Site or any Klinx product, program, or service.
14. Extended Campaign Tools
Klinx may offer a service to facilitate the coordination of Job Ads within geographically distributed businesses, such as franchises or large companies with many locations, such as Klinx Central or Groups (“Extended Campaign Tools”). You acknowledge and agree that using Extended Campaign Tools involves sharing a franchisee’s account information with the franchisor, or sharing a local office’s account information with the corporate headquarters, as applicable. This information may include items such as the number of your business locations or accounts, information about your Job Ads (content, clicks, impressions, etc.), your contact information, and your spend levels. The franchisor or corporate headquarters may request that Klinx contact its franchisees or local offices, respectively, by providing Klinx with contact information, and may provide the content of Job Ads to Klinx for use in connection with Extended Campaign Tools. By using Extended Campaign Tools, you agree to this information being shared, and you represent and warrant that i) all information you provide to Klinx is accurate, and ii) you have all necessary right and authorization to provide such information to Klinx and to permit Klinx to share it in connection with Extended Campaign Tools. You may request that Klinx grant access and control of your Extended Campaign Tools account to additional users. You understand and agree that by submitting such requests, Klinx will contact the users based on the information you provide (name, email address, and job title) and that Klinx is not responsible for verifying the users prior to completion of such requests.
15. Candidate Import
Klinx may offer a platform that allows you, or someone acting on your behalf or authority (such as a recruitment management service), to upload information about job applicants to Klinx and to interact with these individuals and direct Klinx to interact with these individuals on your behalf (hereafter “Candidate Import”). To the extent that any information you provide or otherwise make available to Klinx through our Candidate Import service includes Client Personal Data (as defined below), you instruct Klinx to process such information on your behalf pursuant to this Agreement and any applicable Data Processing Addendum (“DPA”); Client Personal Data and Klinx as used in this Section shall have the meanings given to them in the Data Processing Addendum in this Agreement. By using Candidate Import, you instruct Klinx to display information about the interactions (including Virtual Interviews which are currently scheduled or were previously conducted) between you or Klinx and the job applicants within their Klinx accounts, and you represent and warrant that you, and any third party who you have authorized to upload Client Personal Data to the platform, have obtained all necessary rights and permissions from, and provided all necessary information and disclosures to, job applicants as required under applicable data protection or other relevant law for you to provide or otherwise make available Client Personal Data to Klinx using Candidate Import, and, without limiting the foregoing, (a) no individual whose Personal Data you provide or otherwise make available to Klinx using Candidate Import has exercised any right or made any request to you that would prevent or otherwise limit your ability to share such individual’s Personal Data with Klinx for processing in connection with this Agreement and (b) all job applicants have consented that their data will be shared with Klinx (in accordance with Klinx’s Terms and Privacy Policy) and that Klinx may contact them over email as part of your hiring process, including asking them to create an account with Klinx. You agree to defend, indemnify, and hold harmless Klinx for any breach of the foregoing. You also agree that Klinx is only responsible for such Client Personal Data, in accordance with the DPA, once it is received by Klinx, and you are responsible for such Client Personal Data up until such receipt by Klinx and thereafter with respect to your use of such Client Personal Data.
C. Terms of Service for Publishers
The following Klinx Publisher Program Terms (“IPP Terms”) apply to any Publisher that accesses, participates, or uses the Klinx Publisher Program (the “Publisher Program”), that accesses or uses an Application Programming Interface created or maintained by Klinx (“API”) related to publishing jobs (such as Klinx’s Publisher API or Publisher Job Search API), or that otherwise indicates its acceptance of these IPP Terms, and set out the terms and conditions applicable to your participation in the Program. Any references to “Klinx” shall mean Klinx, Inc. For purposes of this Section C of the Klinx General Terms of Service, “You” or “Publisher” means any entity identified in an enrollment form, application, or questionnaire response submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by these IPP Terms.
1. Klinx Publisher Program
Klinx’s Publisher Program is offered on a limited basis, in limited quantities, in limited locations, and for a limited time. Klinx shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Publisher Program or any part thereof. Publishers are ineligible to participate if their web properties do not conform with the terms of the Klinx Affiliate Acceptable Use Policy (the “AAUP”). To participate as a Publisher in the Publisher Program, all participants must be at least eighteen (18) years of age. Participants represent and warrant that all information submitted to Klinx shall be true, accurate and complete.
Publisher acknowledges that by accessing the Site, any Klinx API, or participating in the Publisher Program, Publisher may come into contact with content (including User Content, as defined below) that it finds harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and Publisher acknowledges that Klinx shall have no liability with respect to such content.
2. Publisher Obligations
Any job search results, JobrollTM, pay-per-click, pay-per-apply, or pay-per-started-apply advertisements, and any Klinx logos or other elements supplied by Klinx for use on Affiliates’ websites or websites co-branded by Klinx and Affiliate (collectively, “Program Elements”) may only appear on URLs that Klinx has reviewed and accepted for participation (“Accepted URLs”). Publisher shall advise Klinx of any changes in the type of content accessible at any such accepted URL. Publisher agrees to comply with the specifications provided by Klinx from time to time to enable proper delivery, display, tracking, and reporting of Program Elements.
Publisher shall label each displayed Program Element with the phrase “Jobs on Klinx”, wherein the word “Jobs” shall be hyperlinked to http://www.klinx.io or other Klinx website as agreed with Klinx and the word “Klinx” shall be the Klinx Logo Image and shall also be hyperlinked to http://www.klinx.io or other Klinx website as agreed by Klinx. We provide the Klinx Logo Image online for your convenience.
Publisher accepts and agrees to abide by all terms and conditions of the Klinx API Terms found within this document. Publisher is permitted to use Klinx’s Site and its content solely pursuant to the terms of the Publisher Program. Publisher shall comply with the terms of this Agreement including the Site Rules. Publisher agrees that it is solely responsible for (and that Klinx has no responsibility or liability to it or to any third party for) any breach of Publisher’s obligations under these IPP Terms and for any consequences (including any loss or damage which Klinx may suffer) of any such breach.
As Klinx wishes to prohibit automated entities from following any individual links posted by Publisher, all hyperlinks to Klinx’s site should include the use of rel=”nofollow”. This applies to editorially placed links, links generated by Klinx’s API, or other link mechanisms.
Publisher hereby grants Klinx permission to refer to Publisher and its websites in Klinx’s marketing materials, wherever such marketing materials shall appear.
3. Payments to Publisher
PUBLISHER ACKNOWLEDGES AND AGREES THAT IT SHALL NOT RECEIVE ANY MONETARY COMPENSATION, INCLUDING COMMISSION PAYMENTS, FOR ACCESSING, PARTICIPATING, OR USING THE KLINX PUBLISHER PROGRAM.
Publisher agrees that it shall not be compensated for any clicks received or transactions generated by Publisher or any party acting on Publisher’s behalf. In addition, Klinx shall not be obligated to pay for any artificial and/or fraudulent impressions or clicks as determined by Klinx or if Publisher is in breach of these IPP Terms. No dashboard or any other view of any click count shall be considered as contractually binding on the Site.
4. Termination
Klinx may suspend or terminate the Publisher Program at our sole discretion, at any time, with or without notice, and for any or no reason. Either party may terminate these KPP Terms and participation in the Publisher Program at any time for any or no reason with or without notice and without liability. If you wish to terminate agreement to these KPP Terms, you may do so by sending a notice by email to publisher-support-at-Klinx dot com or other email address specified by Klinx. All provisions of this Agreement which by their nature should survive termination shall survive termination, including without limitation, confidentiality, warranty disclaimers, indemnifications, and limitations of liability.
Upon termination of a publisher from the Publisher Program, for any reason and by either party, Publisher’s API access shall cease and Publisher shall immediately remove all insertion codes and other Program Elements from all pages of its websites.
5. Confidentiality
Publisher shall not disclose Klinx Confidential Information without Klinx’s prior written consent. “Klinx Confidential Information” includes without limitation: (a) all Klinx software, technology, programming, specifications, materials, guidelines, and documentation relating to the Publisher Program; (b) click-through rates or other performance statistics relating to the Publisher Program provided to Publisher by Klinx; and (c) any other information designated in writing by Klinx as “Confidential” or an equivalent designation.
6. Indemnification
Publisher shall indemnify, defend, and hold harmless Klinx, its agents, affiliates, licensors, and partners from any third-party claim or liability (including without limitation reasonable legal fees) arising out of Publisher’s Program use, Publisher Property, site or Publisher Services, or breach of these KPP Terms.
7. Governing Law and Dispute Resolution
These KPP Terms and any dispute arising out of or in connection with these KPP Terms or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction, and performance of these KPP terms and this Agreement, by and under the laws of the State of Delaware without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in federal or state courts located in New Castle County, Delaware, U.S.A. Each of the parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in New Castle County, Delaware, U.S.A.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of, or related to, your use of the Site, the Publisher Program, or these terms of service, if you are located in the United States of America.
8. Class Action Waiver
By using the Site or any Program Elements and in return for the services offered by Klinx, Publisher acknowledges that Klinx can only offer Publisher these services under the terms and conditions as presented herein. As partial consideration for Publisher’s use of the Site and the Publisher Program, Publisher agrees not to sue Klinx as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Klinx regarding Publisher’s use of the Site or the Publisher Program. Additionally, as a Publisher, the use of the Site and the Publisher Program is at no charge and Publisher acknowledges that part of the price it is paying to use this Site and the Publisher Program is its acceptance of these terms of service including this Class Action Waiver. If Publisher does not agree to any part of these terms, Publisher should not continue use of the Site, the Publisher Program, or any Program Elements. Nothing in this paragraph, however, limits Publisher’s rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to the jurisdiction requirements found in Section 7 above.
D. Terms of Service for All Users
The following terms and conditions apply to everyone who accesses or uses any part of the Site, or attempts to do so, or otherwise accepts this Agreement.
When you access or use the Site, you agree to the terms and conditions of this Agreement. You agree that Klinx may perform the activities described in this Agreement, and you acknowledge that otherwise the Site cannot work as intended. You agree not to submit or post any commercial communications to the Site. Using the Site for commercial communications is a violation of this Agreement. If you disagree with any part of this Agreement or you do not wish to authorize the activity it describes, do not use the Site. You agree you have read and acknowledge Klinx’s Cookie Policy and Privacy Policy. For information on Klinx’s compliance with the Digital Services Act, please see Section E of the Digital Services Act (“DSA”).
1. When You Use Our Site
By using the Site, you acknowledge and agree that Klinx collects, records, processes, analyzes, and stores any and all activities you take on the Site, and any and all interactions and communications you have with, on, or through the Site. This includes: which areas of the Site you visit (including URLs), which content you view, which info you input, whether and where you click, scroll, hover-over, mouseover, or otherwise interact with or communicate with or through the Site, the timing of each activity, and time spent on each activity. For example, when you search for Jobs on the Site, send an email to a Klinx email alias, message another user on the Site, chat with a customer support representative or bot, speak with Klinx personnel, submit an application on the Site, participate in an interview on the Site, or otherwise engage with us or others through the Site, Klinx collects, records, processes, analyzes, and stores your activities, interactions and communications. Klinx collects this data from everyone using the Site, including users of private browsing mode, “incognito mode,” or similar modes. Klinx uses vendors as an extension of the Site to collect, record, process, analyze, and store this data. You authorize Klinx to use this data, User Content (defined below to encompass items such as resumés) and AI-Generated Content (defined below) to develop, train, build, and use statistical models, including artificial intelligence and machine learning models, and no compensation in any form shall be due or payable to you in connection with Klinx’s exercise of its rights granted under this Section.
When you use the site, you are requesting that Klinx send data, text, and images which may be stored in temporary or permanent storage in your device. You may delete this data by clearing third-party cookies from your browser and device. For more information on controlling tracking technology, please visit our Privacy Policy. You authorize Klinx to make any connections with wires, lines, cables, or instruments, including with communication systems, that it may decide to make from time to time in connection with operating the Site. You further authorize Klinx to use processes that record or decode dialing, routing, addressing, and signaling information. You acknowledge that the foregoing is necessary to the operation of the Site.
Occasionally, Klinx tests improvements and updates to our Site and services, which may affect various aspects of the Site such as the ad delivery system, audience, ad performance, ad placement, profiles, resumés, resumé search, job search, recommendations, alerts, or formatting. You agree that Klinx may conduct such tests without notice to you. Klinx’s services and their availability may differ by location, and you should check the Site in your location to see which services are available to you.
Klinx may offer suggestions, recommendations, or information to users that may support or improve their experience on the Site. These offerings are provided as a courtesy and without warranty, and are based on information provided by other users, and your use of such information is at your own risk. Klinx assumes no responsibility and disclaims all liability for any decisions you make, or actions you take, using information obtained through the Site.
2. User Content
Some parts of the Site, or our APIs, allow users to post content or data such as Job Ads, resumés, reviews, information, text, images, audio, video, messages, and other materials. This functionality helps users find information and communicate about potential jobs, schools and certifications, employers, and candidates. Any data that a user or other party submits, posts, publishes, displays, or makes available on or through the Site, or otherwise provides to Klinx, is called “User Content.” User Content includes Job Ads, Resumés, company reviews, school reviews, certification or license reviews, and messages sent through the Site.
Klinx is not responsible for User Content, which may be inaccurate, incomplete, misleading, or deceptive. Klinx does not know whether User Content is true. Any opinion, fact, advice, information, or statement in User Content is the sole responsibility of its original author, who may use anonymous identifiers. You may come into contact with content that you find harmful, offensive, threatening, indecent, or objectionable. User Content may not be reliable or suitable for use in a legal proceeding. You acknowledge that Klinx has no obligation or liability with regard to publishing, monitoring, or removing User Content. Klinx also has no obligation or liability regarding the accuracy of User Content which may be translated on our site through a Google Translate API.
Klinx assumes no responsibility, and disclaims all liability for the content, accuracy including the translation of any user generated content which is translated using Google Translate API, completeness, legality, reliability, or availability of any Company Page.
Content Moderation: If you provide User Content, it must comply with the Site Rules (below), Klinx’s policies, and Klinx’s Terms of Service. These rules, policies, and terms include but are not limited to the following: Your User Content must not be unlawful, fraudulent, discriminatory, threatening, abusive, obscene, or otherwise objectionable, irrelevant, or unconstructive. Your User Content must not contain sexual, ethnic, or racial or other discriminating slurs. Your User Content must not contain proprietary information, trade secrets, intellectual property of another person, or confidential information. Your User Content must not contain spam, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or any other commercial communication besides Job Ads under this Agreement. Your User Content must not be harmful to anyone, especially minors.
In order to be eligible for visibility on the site, job postings must offer open jobs (not training opportunities, expired positions, etc.), provide a detailed and accurate description of the role, and be free of vulgar or illicit content, in addition to meeting other criteria outlined here.
You may not post official identification information, such as a social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier, or any background check information. Posting such identification information on the internet may lead to identity theft for which Klinx cannot be responsible. You may not post highly confidential personal information, such as medical or health information, or other categories of personal data subject to data breach notification requirements in any country.
By submitting a company review or otherwise providing information, ratings, or answers to questions about your former or current employer, you agree that such User Content may be shown publicly on or through the Site and may include your job title, job location, whether you are a current or former employee, and the date on which you provided the User Content. You agree that Klinx assumes no responsibility and disclaims all liability for such User Content, including for any content that you include that may personally identify you. If you do not want your User Content to be publicly visible through the Site or to personally identify you, do not provide such User Content.
Klinx may monitor and screen User Content and may use it to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. In some cases, if we determine that your User Content or actions have violated our Terms or any Klinx policy or are detrimental to other users, we may place restrictions on other accounts that we suspect are affiliated or associated with you. If you believe that any User Content violates this Agreement or our policies, please contact Klinx. However, detection methods are not perfect, and false positives or false negatives may occur. Klinx has no obligation to monitor any particular User or User Content, and Klinx makes no guarantee that any particular User Content will be removed.
Klinx reserves the right to disclose all User Content, and any other relevant information and circumstances, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that Klinx may honor subpoenas, search warrants, law enforcement or court-mandated requests to disclose User Content you have provided. Your identity may be discoverable via such legal requests, even if you post confidentially or anonymously.
Klinx is an interactive computer service, has no obligation to host or remove any particular User Content, and may exclude or remove any User Content from any part of the Site or services for any or no reason. Klinx has no obligation to include any User Content in any part of the Site (for example, Job Ads in search results). Whether any User Content violates any Klinx policy, whether to publish or to withdraw from publication any User Content, and whether to exclude any material that any party seeks to post on the Site, will always remain within the sole discretion of Klinx. You agree that Klinx has no liability or obligation to you or anyone else arising from its editorial decisions.
Section 230 of the U.S. Communications Decency Act provides:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of-
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
3. License to User Content and Feedback
When you provide User Content you grant Klinx a license to use it. Specifically, you grant Klinx a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reformat, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the Klinx website or its publishers or third party sites, maintaining or improving the Klinx website (including without limitation for the purposes of training a model that recommends content to other users), and promoting Klinx and such User Content without restriction. No compensation in any form shall be due or payable to you in connection with Klinx’s exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, Klinx’s exercise of these rights, you hereby waive any and all rights to such compensation to the maximum extent permitted under applicable law. Klinx shall terminate this licensed use within a commercially reasonable term after User Content has been removed from the Klinx website. Klinx reserves the right to refuse to accept, post, display, or make available any User Content at its sole discretion.
Furthermore, you grant to Klinx, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any Klinx marketing materials containing or incorporating such User Content, or (iii) any actions by Klinx to promote or publicize such User Content (e.g. Job Listings), such as the use of keywords in third-party internet search engines. To any extent that such User Content contains your name, likeness, voice, or image, you hereby irrevocably waive all legal and equitable rights relating to claims for violation of your rights of publicity (or any similar claims) arising directly or indirectly from Klinx’s exercise of its rights pursuant to the license granted hereunder.
You represent and warrant that: (i) you own the User Content that you provide, or that you have the right to grant this license, (ii) your User Content, and Klinx’s use of it, will not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or other rights of any person, and (iii) use of your User Content will not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person by reason of such User Content. You agree to defend, indemnify, and hold harmless Klinx and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow Klinx to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content.
At your discretion, you may provide feedback or opinions about Klinx or the Site, such as identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). Klinx is free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. If you provide Feedback to Klinx, you hereby grant to Klinx a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. Klinx may disclose any or all Feedback to any third party in any manner, and may sublicense any or all Feedback in any form to any third party without restriction. Accepting any Feedback does not constitute a waiver of any rights to use similar or related ideas previously known to Klinx, or developed by its employees, or obtained from sources other than you.
4. Site Rules
When using our Site and services, you agree to these Site Rules and any other rules or policies posted on the Site. Breaking our rules is a material breach of this Agreement and an unauthorized use of the Site. At Klinx’s discretion and without prior notice, Klinx may take measures against any user or activity that appears to break the Site Rules. This may involve removing content, restricting or suspending access to products or services, logging the user out of the Site, or disabling the user’s account.
Do not directly or indirectly:
- Access the Site other than through the web or app interface publicly provided by Klinx, access parts of the site that you do not have permission to access, or otherwise access systems without express authorization.
- Provide any false, fake, or fictitious information.
- Provide any code or data with the intent or effect of damaging, disrupting, disabling, harming, impairing, interfering with, intercepting, expropriating, or otherwise impeding, the Site or any data, program, system, equipment or communication, or that would cause a violation of any applicable law.
- Access any data, especially personal data, by automated means or otherwise, without permission.
- Use the services with the intent or effect of damaging, disrupting, disabling, harming, impairing, interfering with, intercepting, expropriating, or otherwise impeding our services, the appearance of our services, the Site, or any systems.
- Bypass any limitations or suspensions of functionality, including by automated means or otherwise.
- Submit job applications or other User Content in bulk by automated means, other than by automated tools that the Site explicitly offers or that have been otherwise agreed to in writing with Klinx.
- Interfere with others’ use of the Site.
- Modify, adapt, translate, reformat, resell, frame, or reverse engineer any portion of the Site.
- Remove any copyright, trademark, or other proprietary rights notices.
You may not use the Site to:
- Harm anyone or violate the rights of anyone, including the right of publicity, right of privacy, or intellectual property rights.
- Provide false information.
- Transmit or store biometric information or biometric identifiers.
- Promote or encourage illegal activity.
- Promote pyramid schemes, multi-level marketing (MLM) programs, jobs that require payment to start, or any topics we consider detrimental to our users.
- Send unsolicited commercial messages, or any other unlawful communications.
- Imitate or impersonate another person, or create false accounts.
- Send messages to users who have asked not to be contacted.
- Send text messages or make calls for a purpose not related to hiring for or applying to a Job Listing.
- Sell personal data.
We reserve the right to monitor all activity on the Site and to not pass on or deliver any message or communication that may be malicious, spam, fraudulent, or unwanted, or for any other reason. This includes attachments of any type, scripts, macros, or any other form of code. You agree the determination of what constitutes spam is in Klinx’s sole discretion. Klinx may use data collected through the Site to make such a determination. Klinx reserves the right to interact with Users through the Site, including to investigate whether Users are violating these Rules. Klinx reserves the right to turn over any information gathered via such investigations to law enforcement or other third party.
Klinx in its sole discretion may disable your account or restrict your ability to utilize Klinx services. Use of any automation, scripting, bots, or other methods or tools to automate any process on Klinx or to access Klinx services (outside of Klinx’s official vendors and tooling) is prohibited. You may not use or misappropriate the Site for your own commercial gain. You may not crawl, scrape, data mine, extract data from, reproduce, duplicate, copy, sell, exploit, trade or resell any part of the Site, except as expressly permitted by Klinx beforehand, in writing. You may not use any automated system or software, whether operated by a third party or otherwise, to violate any of Klinx’s rules. Any effort made by an employee, representative or agent of a company or group to bribe a Klinx employee for any purpose, including to remove reviews or other user-generated content from Klinx or affiliated companies, will result in removal of the company or group from the Site. You agree to comply with all applicable laws and regulations, including U.S. or other export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. Government embargo, sanctions, or other restriction, or that has been designated by the U.S. Government as a “terrorist supporting” country; (b) on any of the Restricted Lists below; or (c) the subject of sanctions consistent with U.S. law imposed by the government of the country where you are using the Site.
“Restricted Lists” means: (a) Bureau of Industry and Security, U.S. Department of Commerce, Denied Persons List; (b) Bureau of Industry and Security, U.S. Department of Commerce, Unverified List; (c) Defense Trade Controls – List of Debarred Parties; and (d) Specially Designated Nationals, Terrorists, Narcotics Traffickers, Blocked Persons, and Vessels List; or (e) Bureau of Industry and Security, Department of Commerce, The Entity List.
5. Accessing External Sites
The Site links to other sites on the internet which are owned and operated by third parties (“External Sites”), for example Employer websites, Applicant Tracking Systems, or promotional websites. Links to External Sites may be found in User Content available through the Site (for example, Resumés or Job Ads). Klinx is not responsible or liable for any External Site, including availability or content. Links to External Sites may be removed at any time. Any concerns regarding an External Site should be directed to the responsible third party.
Klinx has no control over what happens on External Sites. If you visit an External Site and complete a transaction outside Klinx, you are entering into an agreement with a third party, alone and at your own risk. You are giving the third party your data directly, and your rights and their obligations are determined by its privacy policies and terms of service. Klinx disclaims all liability from anything that may occur when you utilize or transact with such third parties. We are additionally not responsible for any payment that may be asked of you by such third party.
Klinx may provide you with access to a link on Klinx to services or products offered and performed by a third party (“Third-Party Service”). For example, this service may be offered in the form of permitting a Jobseeker to request their own background check or permitting an Employer to request a background check of a Jobseeker. Klinx operates solely as a technical conduit, allowing the transmission of background checks sent by a background check Third-Party Service to you. Please note (and you acknowledge) that Klinx cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate, or store the background check reports provided by any background check Third-Party Service to you or to any other Klinx user.
If you choose to use the third-party link and its services or products, you are contracting directly with the Third-Party Service, and Klinx is not a party to this contract. Further, you agree to fully indemnify, defend, and hold harmless Klinx for any claims arising out of your use of a Third-Party Service’s services or product provided to you by a Third-Party Service.
The Site may include information provided by third-party APIs, which is subject to additional terms and conditions imposed by those third parties. For example, the Site may include Google Maps features and content, which is subject to the current versions of: (1) the Google Maps/Google Earth Additional Terms of Service; and (2) the Google Privacy Policy.
6. Creating and Accessing Your Account
Some areas of the Site require you to register, provide and verify an email address or phone number, or create an account. You agree to provide information that is true, accurate, current, and complete. You may not create multiple accounts, or create accounts by automated means.
Klinx encourages you to enable two-factor authentication (2FA) on your account where available. If you do not enable 2FA, you proceed at your own risk. You are responsible for the confidentiality and use of your username and password, which may not be shared. Your account is accessible by anyone with your username and password and who can answer your verification questions. If someone obtains unauthorized access to your account, they could contact users or take other actions through your account, and Klinx’s ability to respond is limited.
If you change your phone number provided for 2FA or verification, the change may not be reflected everywhere on Klinx.com, such as the phone number and opt-ins provided through a Job Seeker Profile. An Employer may still be able to contact you at the number in your Profile, if you have opted in to be contacted on that page.
Klinx may send you a notice relating to account security, such as informing you that you may have recently interacted with a compromised account. Klinx cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that Klinx bears no responsibility for doing so. Klinx makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.
You may be given the option to use a Passkey (such as a face scan or fingerprint) to sign in to your Klinx account. Passkeys are stored locally on your device, and their management are subject to your control. Klinx does not receive any biometric data or other information related to your Passkey. Klinx is not responsible for any collection, use, storage, processing, or loss of Passkey data, nor is it responsible for any legal obligations related to such data. If you do not wish to use Passkey, you may use another method to sign in to your Klinx account.
7. Your Contact Information
As part of the Services, Klinx may contact you through your Klinx account or through other means such as email, telephone (including mobile phone), or postal mail, including with contact information that you may provide to Klinx or that Klinx may otherwise obtain from third-party sources.
By providing Klinx with a phone number, you confirm that you are the primary user and subscriber to the telephone number entered, and you expressly agree to receiving calls and texts at that number, including if it is a mobile number.
To stop receiving text messages at any time, reply to the text with STOP or contact Klinx Customer Support. DUE TO THE UNSTRUCTURED CONVERSATIONAL FORMAT OF THIS SERVICE, WE MAY NOT RECOGNIZE OTHER UNSUBSCRIBE ATTEMPTS. Texting STOP in response to a Klinx SMS alert will unsubscribe you from Klinx SMS alerts. However, you may continue to receive texts related to some offerings to which you have subscribed, such as Text to Apply and Hiring Events. In order to unsubscribe from these, you must respond STOP within the specific text flows of those offerings. Please note that replying STOP to any text message would unsubscribe you from text messages only, but you may still receive other communications from Klinx.
You may also revoke your consent to receive text messages by terminating the Agreement through closing your Klinx account. Klinx cannot be responsible for third parties to whom you have provided your phone number. Be aware that you may also have to take the additional step of contacting Klinx Customer Support after closing your Klinx account to ensure text messages terminate.
To stop receiving marketing or commercial emails from Klinx, or to manage your email preferences, you may do so by updating your email settings on your Klinx account. You may also opt out of marketing or commercial emails from Klinx by following the unsubscribe link in our messages.
In the United States, Klinx may make publicly available information aggregated from various sources searchable by third parties (like Employers) through the Klinx Resumé Search Program. We make that information available on a limited basis and for a limited time to help Employers find and connect with potential job seekers about an Employer’s Job Listings or job opportunities, and such information may not be used for any other purpose. You may remove your publicly available information from the Program and unsubscribe from receiving potential job opportunities from Employers by following the unsubscribe link in our messages. To delete your publicly available information from our Site, submit this form.
8. Payment
You will be charged as indicated by the Site.
By providing your credit card, bank account, or other payment method information to Klinx, you authorize Klinx to charge or debit that payment method for fees owed to Klinx for services purchased, pursuant to the terms associated with any Klinx service you are using and any other agreement with Klinx for purchase of services.
By providing your bank account information and signing up for direct debits from Klinx, you authorize Klinx to use ACH to debit the bank account specified for any amount owed for charges arising from your use of Klinx’s services and/or purchase of products from Klinx, pursuant to these terms, until this authorization is revoked.
Advertising
Advertising you purchase may be measured by clicks, RSVPs, applies, impressions, or a subscription or platform fee. Charges are solely based on Klinx’s measurements (such as click count). Klinx’s measurements (such as click count) shall be binding. Klinx’s measurements may be derived from data from third-party vendors, such as publishers.
Subscriptions
Details regarding the subscription or plan are available on the Site at the time of purchase. If you purchase a subscription plan, you acknowledge and agree that your subscription will automatically renew and Klinx will charge you on a recurring basis until you cancel your subscription plan and such cancellation goes into effect, which may not be until the next billing cycle. These charges to your credit card or debits to your bank account will be made to the payment method chosen by you.
Pausing your subscription does not cancel it. Your subscription will continue to automatically renew after being unpaused. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED BILLING CYCLES UNDER THE APPLICABLE SUBSCRIPTION PLAN. AMOUNTS FOR FUTURE PREPAID UNUSED BILLING CYCLES MAY RESULT IN A PRORATED REFUND OF THE UNUSED BILLING CYCLES, WHICH SHALL BE DETERMINED IN KLINX’S SOLE DISCRETION. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
Billing Policies
Invoices may be provided to you via electronic mail, unless otherwise specified by Klinx. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Klinx product, Klinx reserves the right to suspend or terminate your use of that Klinx product as well as any other Klinx product, including but not limited to those Klinx products where you do not have an unpaid invoice or account balance. You waive all claims relating to charges unless claimed within 120 days after the charge (this does not affect your credit card or bank account dispute rights).
Any credit card, bank account information, and related billing and payment information that you provide to Klinx may be shared by Klinx with companies who work on Klinx’s behalf, such as payment processors and/or credit agencies, for the purposes of verifying your account, checking credit, effecting payment to Klinx, and servicing your account. Klinx may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Klinx may obtain updated payment information for credit and debit cards through payment card networks, card issuers or other third-party sources. Klinx may use the updated card and bank account information to charge amounts you owe. Klinx shall not be liable for any use or disclosure of such information by such third parties. If your Klinx account has a credit card or bank account on file for one Klinx service, we will charge that same payment method for other purchases unless otherwise indicated by you. You may not delete a credit card from your Klinx account if it is the only payment method on file and you have outstanding invoices or charges to your Klinx account.
Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same Klinx party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable Klinx party identified in the first paragraph of this Agreement with respect to such new territory.
If your Klinx account has a credit card or other payment method on file, such as bank account information for ACH payment, Klinx may charge that payment method for any products or services you order, and for any other outstanding payments, including to correct billing errors.
Currency
All charges are paid in US dollars. Any other choice of currencies that Klinx may accept is subject to Klinx’s approval.
Taxes
Charges are exclusive of all taxes and VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (i) all taxes and government charges, and (ii) reasonable expenses and attorney fees Klinx incurs collecting late amounts. All withholding tax remittances to the government are your sole responsibility, and Klinx shall have no liability whatsoever therefor.
Refunds
Except as otherwise provided in this Agreement, Klinx may offer refunds for Klinx services for a period of four (4) months from the date of purchase. Notwithstanding the foregoing, Klinx will not provide refunds in case of abuse of our policies, and any and all refunds are ultimately at the sole discretion of Klinx.
You agree to pay (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10%, or the maximum interest permitted by law, whichever is lower, (ii) a statutory lump-sum indemnity for recovery cost, if provided for under applicable laws, and (iii) any reasonable expenses and attorney fees Klinx incurs collecting late payments.
9. Other Services
Klinx Apps. “Klinx Apps” means our downloadable applications available in device application marketplaces, such as the Klinx Job Search, Klinx Resumé Search, Klinx Employer, and Klinx Job Spotter. This Agreement applies to your use of any Klinx App. The legal entity responsible for the Klinx App is the one specified in this Agreement, even if the entity identified as the developer on an application marketplace is Klinx.
If you allow a Klinx App to use your device’s location service, the Klinx App may collect information based on your device’s geographic location. Some location data is linked to your account (for example, “coarse” location data collected by an iOS app). Other location data the Klinx Apps collect is not linked to your account (for example, “precise” location data collected by an iOS app) but is still used by Klinx.
Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. (“Apple”, and such mobile application, the “App”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the App, including any third-party product liability claims; claims that the App fails to conform to any applicable legal or regulatory requirement; claims arising under consumer protection or similar legislation; and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Klinx in accordance with the “Questions or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Klinx’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
E-Signature. The Site may offer e-signature options, which may be powered by a third-party service provider. By using e-signatures on the Site, you agree that your e-signature is intended to authenticate the document you are signing, and your e-signature will have the same force and effect as a manual signature. Klinx is not a legal record keeper. Your use of e-signatures is at your own risk, and it is your responsibility to ensure that your document is received and to retain your own copies.
Beta Program. Klinx may offer beta products or features on our Site, identified by the word “Beta” or “Test” (“Beta Products”). Beta Products may be offered in limited quantities, in limited locations, and for a limited time. Klinx may discontinue or cancel all or part of a Beta Product at any time without prior notice to you.
ANY BETA PRODUCT IS IN TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS BELIEVED TO CONTAIN DEFECTS. A PRIMARY PURPOSE OF TESTING A BETA PRODUCT IS TO OBTAIN FEEDBACK ON PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION, AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT.
If you have been invited to test a Beta Product, you agree that, unless otherwise specifically provided herein or agreed by Klinx in writing, any Beta Product constitutes confidential proprietary information of Klinx. You shall permit only authorized users to access the Beta Product. You agree not to transfer, copy, or disclose such confidential information without the prior written consent of Klinx.
AI-Generated Content. Klinx may make available content created in whole or in part by an algorithm (including “artificial intelligence” and machine learning algorithms), which may be generated in response to information you provide through the Site (“AI-Generated Content”). AI-Generated Content may include chatbots, draft cover letters or resumés, template job descriptions, messages or highlights/summaries. AI-Generated Content is a Beta Product under this Agreement. The use of AI-Generated Content is a rapidly evolving field of study and we are working to improve our use of AI-Generated Content to make it more accurate, reliable, safe, and beneficial. AI-Generated Content may be generated in whole or in part by third-party service providers such as OpenAI. The AI-Generated Content is owned by or otherwise licensed by Klinx and is subject to Klinx’s Terms of Service and Privacy Policy. You agree that you do not have any intellectual property rights in any AI offering, any models, or AI-Generated Content on the Site. Given the variable nature of this type of content, AI-Generated Content is provided “as is” and Klinx makes no warranty that AI-Generated Content is appropriate, accurate, inoffensive, unbiased, non-infringing, legal, or safe, and disclaims all liability for AI-Generated Content.
Use of AI-Generated Content is entirely at your own risk. AI-Generated Content may not accurately reflect real people, places, or facts. You must evaluate AI-Generated Content for accuracy and appropriateness for your use case, including using human review as appropriate, before using or sharing AI-Generated Content generated through the Site. By generating or using AI-Generated Content (for example, by providing content to the Site for the purpose of generating AI-Generated Content, or by adding AI-Generated Content to a job description or resumé), you adopt, confirm, and ratify it. You agree that Klinx is not the author of AI-Generated Content, which may be provided by a third party.
You acknowledge and agree that none of Klinx’s AI-Generated Content, such as chatbots, are empowered to enter into, or make any changes to, any agreements on behalf of Klinx and that any decisions or actions taken by such offerings are not legally binding. Further, Klinx may not honor any benefits provided by AI-Generated Content if they are inconsistent with our policy and are not also provided elsewhere on the Site.
You agree to take full responsibility for the AI-Generated Content and its use or misuse, including any inaccuracies, non-compliance with these Terms or the Site Rules, and any harm caused to you or anyone else. You agree to defend and indemnify Klinx from any claim arising from your generation or use of AI-Generated Content.
10. Filtering for Minors
We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise and OnGuard Online. Klinx does not endorse any of the products or services listed on such sites.
11. Use of Site by Minors
Generally, the Site is only for use by people aged 16 or over. However, some jurisdictions might have different restrictions as outlined below. In all jurisdictions, if you are under the legal age of majority in your jurisdiction, you must use the Sites under the supervision of your parent, legal guardian, or responsible adult, even if your age is above the Klinx permitted use age for that jurisdiction. By accessing the Site from anywhere, you represent and warrant that your age is above the Klinx age restrictions in your jurisdiction (e.g. over 16 in the United States, and over 18 in EEA). We adopt a range of measures to try to ensure that no information is knowingly solicited from individuals who do not meet the minimum age or any other applicable age requirements.
If we learn that an individual who does not meet the minimum age requirement has used the Site or provided personal information through the Site, we will restrict access to, or close their account, and remove that information from our systems.
- Japan: the Site is only for use by those who meet the permitted minimum age under Japanese law for Klinx to lawfully provide you with use of the Site.
- EEA, Switzerland, UK, Turkey, and Ukraine: As of February 1, 2024, access to the Site is restricted to individuals who are 18 years of age or older.
12. Questions or Complaints
If you have a question or complaint regarding the Site, please use our Klinx Help Center. The Klinx Help Center is an External Site provided by Zendesk and subject to the Zendesk cookie policy. Do not include credit card, bank account, or other sensitive information in your email correspondence with us. Please note that communications within Zendesk will not necessarily be secure.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, California 95834, U.S.A., or by telephone at +1 (916) 445-1254 or +1 (800) 952-5210.
13. Disclaimer of Warranties
The Site may become unavailable in whole or in part at any time without notice. The Site may rely on third parties to provide services to Klinx, such as data hosting or processing vendors, and the Site could unexpectedly malfunction or become unavailable as a result.
To the fullest extent permitted by law, Klinx disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the Klinx search results (including Jobs Listings) or otherwise made available on the Site by Klinx or third parties (including User Content), regardless of whether paid for or used for free. Klinx disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by Klinx for informational purposes only, including but not limited to, Klinx Analytics data like estimated applies or organic traffic, and salary information, or information that may come from a third party. You acknowledge you are not paying Klinx for the aforementioned information. Klinx disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails, attachments or material (including User Content). Klinx does not guarantee that the Site will always be error free, safe, or secure. Klinx further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall Klinx be liable to you or any third party on account of your use or misuse of or reliance upon the Site. Additionally, under no circumstances shall Klinx be liable to you or any third party on account of your use or misuse of or reliance on any third-party site or service you link to from Klinx’s Site.
Klinx further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by Klinx as a result of technical problems or traffic congestion on the Internet or any third party website (including but not limited to Applicant Tracking Systems (ATSs)) or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will Klinx be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third-party applications, websites, software or content posted on or through the Site or transmitted to users, or any interactions between users of the Site or Services, whether online or offline.
Klinx reserves the right to limit or terminate any and all Services and/or access to the Site in specific countries or regions, at any time, due to, or during, times of war, political upheaval or uncertainty, epidemic, pandemic, riot, insurrection, national or regional emergency, terrorism or threat thereof, or civil disorder.
Without limiting the foregoing, under no circumstances shall Klinx or its affiliates, or its or their third-party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its or their control, including, without limitation, the following force majeure events: (i) acts of God or natural catastrophes or forces, (ii) flood, fire, storm, earthquake, epidemics or pandemics, explosion or other similar events; (iii) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (iv) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (v) actions, embargoes or blockades in effect on or after the date of this Agreement; (vi) action by any governmental authority; (vii) national or regional emergency; (viii) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (ix) breakdown, interruptions, loss, fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (x) internet, computer equipment, telecommunication equipment, electrical power or other equipment, or mechanical failures or shortages; (xi) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (xii) non-performance of third parties; and (xiii) other events beyond the control of Klinx.
THE SITE, AND ALL CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. YOU USE THE SITE AT YOUR OWN RISK. KLINX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TITLE, SERVICE QUALITY, AND THAT THE SITE AND SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. TO THE FULLEST EXTENT PERMITTED BY LAW, KLINX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL CONTENT, PRODUCTS, FEATURES AND SERVICES AVAILABLE ON OR THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, KLINX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY KLINX. KLINX IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL KLINX OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY PERSON ON ACCOUNT OF THAT PERSON’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES OR ANY LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA, OR ANY LOSS OF OR INTERRUPTION TO THE USER’S BUSINESS, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF KLINX OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, AND TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF KLINX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID KLINX TO USE THE SITE.
If you are resident or located in Germany, the limitation of liability as set out above in this section shall be replaced in its entirety by the following:
Klinx’s obligation to pay damages shall be limited as follows:
- (a) For damages caused by a breach of a material contractual obligation, Klinx shall only be liable up to the amount of the typically foreseeable damage at the time of entering into the contract; Klinx shall not be liable for damages caused by a breach of non-material contractual obligations.
- (b) The limitation as set out above under (a) shall not apply to damages caused intentionally or by gross negligence, culpably-caused personal injuries, nor to any liability under the German Product Liability Act and in case of any further mandatory liability. Furthermore, it shall not apply if and to the extent Klinx has assumed a guarantee.
If you are a Job Seeker located in Japan and subject to the Consumer Contract Act of Japan, and this Agreement constitutes a consumer contract within the meaning of the Consumer Contract Act of Japan, the limitation of liability as set out in this Agreement shall not apply to:
- (a) Full exemption from liability of Klinx or its affiliates, or its or their third-party licensors, to Job Seekers for damages arising from or related to use of the Site.
- (b) The partial exemption from liability of Klinx or its affiliates, or its or their third-party licensors, to Job Seekers for damages caused by a willful misconduct or gross negligence arising from or related to use of the Site.
15. Claims of Infringement
U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Klinx infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it be blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Klinx to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Klinx a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent by email to copyright@Klinx.io. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form.
16. Reservation of Rights
You understand and acknowledge that Klinx or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. Klinx reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.
The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Klinx’s proprietary rights in them.
17. Miscellaneous
This Agreement constitutes the entire agreement between you and Klinx, and supersedes and replaces all prior or contemporaneous representations, understandings, and agreements, written or oral. If the Job Seeker Terms, Employer Terms, or Publisher Terms apply to your use of the Site, those terms shall control in the event of an inconsistency or conflict with these Terms of Service for All Users.
Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be unenforceable, it shall be reformed to the extent necessary in order for this Agreement to remain in effect.
This Agreement cannot be modified or amended, except by a document signed by an authorized representative of each party. Your use of our Site through an agency or reseller arrangement does not exempt you from these Agreement terms. Written or phone communication between you and a Klinx employee is not a modification or amendment of this Agreement.
Any notices to Klinx must be sent to the applicable Klinx entity identified above via certified first-class or air mail or overnight courier, and are deemed given upon receipt. Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages posted to your account interface).
You may not assign or delegate any of your rights or obligations hereunder without Klinx’s prior written consent, and any such attempt is void. Klinx may freely assign or delegate its rights and obligations hereunder without notice to you. Klinx and you are not in a legal partnership, agency relationship, or employment relationship. When Klinx provides the Site or any related services to you, it is solely as an information service provider.
Klinx does not act as an employment agency by providing the Site or its tools. Except as otherwise agreed to in writing, nothing in the terms should be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationships between us and third parties. Any references to such third parties as “partner” does not indicate that such party has any authority to bind us to any agreements or representations on our behalf without our prior written consent.
“Including” means “including without limitation.”
18. Governing Law and Dispute Resolution
This Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Delaware, United States. The courts located in New Castle, Delaware, United States, shall have exclusive jurisdiction of any disputes.
Despite the application of New Castle County, Delaware law, if you are a consumer resident in the EU, you also enjoy the protection of the mandatory provisions of the law of the country in which you have your habitual residence. The application of mandatory provisions limiting the choice of law and in particular the application of mandatory laws of the country in which you have your habitual residence, such as consumer protection laws, shall remain unaffected.
19. Patent Disclosure
Certain elements of the Site and/or Klinx Apps are licensed pursuant to one or more of the United States patents described here.
E. Digital Services Act (“DSA”)
This Section E pertains to Klinx’s operations in the EU only, applies to users located in the EU only, and does not apply to users located elsewhere. In the event of any conflict with any other part of this Agreement, this Section E will control.
1. Recommender Systems
Klinx uses the following information to display Job Ads in recommender systems (as defined under the DSA) and to determine the relevant prominence of Job Ads within such recommender systems: information directly provided to Klinx such as profile information and resumé, prior activity on the Site, search terms and/or search location (“Main Parameters”). Prior activity on the Site means actions that you have taken on the Site, for example, previous searches, jobs that you have clicked on, jobs that you have applied to, job alert emails that you have subscribed to, and companies/roles in which you have expressed an interest. To modify or influence the search results you see, you can modify your search terms.
The Main Parameters are used by Klinx to target Job Seekers with Job Ads that are most suitable for them, based on information available to Klinx. The appearance of a Job Ad on your job search results page is not a guarantee that the Job Ad is suitable for you. Klinx ranks and orders Job Ads within search results based on a combination of remuneration paid to Klinx by Employers and the Main Parameters.
In the job search results page, the most significant criteria in determining the Job Ads suggested to the Job Seeker is the search terms. We place greatest significance on this parameter in order to surface the Job Ads that are most relevant for the Job Seeker (ie, those that a Job Seeker is most likely to click on or apply to). For all other Job Ad recommendations on the Site, the criteria determining the Job Ads suggested to Job Seekers are equally significant.
In the EU, we return search results in Resumé Search based on search terms, Job Ad data, prior activity of Resumé Owners on the Site and/or Resumé Owner data. Resumé Owner data refers to data provided by Resumé Owners to Klinx, for example, their current job title and location. Prior activity of Resumé Owners means actions that Resumé Owners have taken on the Site, for example, jobs that Resumé Owners have previously applied to or clicked on. The most significant criteria in determining the information suggested to users is search terms. These parameters are used to try to predict the probability that a Resumé Owner will apply to a Job Ad and positively respond to an Employer.
2. Commercial Communication
If you would like to declare that your content is or contains commercial communications, as described in the DSA, you can do so here. In accordance with the Terms, commercial communications are prohibited on our Site. Identifying your content as commercial communications may result in the removal of your content from our Site.
3. DSA “Advertisements”
All Job Ads are considered advertisements based on the ordinary meaning of that word. However, within the EU, the DSA states that information is an “advertisement” where it is “presented by an online platform on its online interface against remuneration specifically for promoting that information”. Therefore, as Klinx does not receive any monetary remuneration for free Job Ads, they do not constitute “advertisements” within the EU under the DSA. Within the EU, when Klinx receives remuneration specifically for promoting information, we include prominent markings identifying that information as an “advertisement.”
Employers cannot choose the main parameters Klinx uses to determine the recipient to whom a Sponsored Job is presented. Sponsored Jobs are presented to Job Seekers based on the Main Parameters set out above, and the Ad Transparency Information in each Sponsored Job reflects this.
Sponsored Jobs and Employer Branding Ads include “Ad Transparency Information.” Ad Transparency Information is generated and accurate as of the time that a user clicks on a Job Ad. The “Beneficiary” represents the natural or legal person on whose behalf the advertisement is presented. The “Sponsor” denotes the natural or legal person who paid for the advertisement, if that person is different from the Beneficiary. The Beneficiary and Sponsor are based on information available to Klinx and provided by Employers to Klinx. If you are an Employer, you confirm that all information you have provided to Klinx is accurate and complete and you agree to the publication of the employer and company name on the Site, as required by law. Within the EU, Employers shall not post a job with a confidential or generic company name.
4. Identifying and Removing Fraudulent Accounts
Klinx uses automatic and manual means to identify and remove fraudulent accounts from the Site. Klinx implements rules to automatically flag potentially risky accounts for review by its moderators, and proactively uses various tools and subject matter expertise to manually identify accounts that the automatic system may miss.
Users can also proactively identify and report potentially fraudulent accounts and all other user-generated content on the platform, including job posts, company page content, and messages. These reports are reviewed by trained moderators.
5. Moderating User-Generated Content
Klinx also uses automatic and manual means to moderate user-generated content on the site, including implementing rules to automatically flag content that may not meet the standards set out in Klinx’s policies and these Terms of Service. Klinx also proactively reviews user-generated content for compliance with its policies and these Terms of Service. Additionally, users can report content they deem problematic here. These reports are reviewed by trained moderators.
6. Complaints Procedure
If you are unhappy with a decision taken by Klinx in response to a notice of illegal content submitted by you via the reporting portal or a decision taken by Klinx to restrict, remove or disable access to your content; to suspend or terminate the provision of service to you; or to suspend or terminate your account, you may submit a complaint within six months. The six-month period begins on the day you are informed of the decision you are submitting a complaint about. Klinx requires you to include the following information in your complaint form: your email address, your reference number (if one has been supplied to you), and the specific reasons for your complaint, including why you disagree with Klinx’s decision.
7. Misuse
Klinx may disable a user’s account, restrict a user’s ability to use all or parts of the Site, or take other action on a user’s account if the user engages in misuse of the Site. Misuse includes, but is not limited to, submitting unfounded reports of illegal content, submitting unfounded complaints, or posting illegal content. Klinx reviews instances of misuse on a case-by-case basis and considers the facts and circumstances of the misuse, including but not limited to the number of instances of misuse, the frequency of the misuse, and the gravity of the misuse.
Further terms and conditions regarding moderation of User Content are set out in Section 2 of Terms of Service for All Users above.
Klinx Products Terms of Service
Last Updated: January 5, 2025
Klinx Ads Program Terms
You use the Ads Program when you advertise with Klinx by posting, providing, submitting, using, editing, claiming, or paying for any advertisement (“Ad”) for publication on or through the Site. Ads may be posted directly via the Site, or via campaigns, XML feeds, APIs, ATS integrations, requests to index Ads from elsewhere, or by otherwise identifying an Ad or making it available to Klinx. By posting Ads and using the Ads Program, you agree to the Klinx Terms of Service (the “Agreement”), including these Klinx Ads Program Terms (“IAP Terms”).
Klinx may update the Ads Program or these IAP Terms at any time without liability, and your use of the Ads Program after notice that these IAP Terms have changed indicates acceptance of the updated IAP Terms.
1. Ad Publishing
Ads may promote job listings of open employment positions (“Jobs” or “Job Ads”), hiring events or job fairs, both online or in-person (“Klinx Hiring Events”), or an Employer’s workplace generally (“Employer Branding Ads”). Ads are User Content under the Agreement, and you are granting Klinx, its affiliates, and sublicensees a license to use your Ads and associated data, and to display, publish, reformat, display a snippet or portion of, and host (but not change the content of) your Ads in any way Klinx or its affiliates or sublicensees see fit, including due to technical limitations. (Employers located in Japan: you agree that content moderation may result in the modification of your Job Ad.)
Ads may appear on any page, site, content, service, device, screen, app, or property chosen by Klinx in its sole discretion, whether provided by Klinx as part of the Site or Klinx Apps, or provided by a third party (“Other Sites”). Klinx has limited control over Other Sites, including their nature, content, appearance, and Ad display, and you accept any related risks of publication. Other Sites may collect or receive performance information about your Ad.
Target audience membership is based partly on information and criteria provided by the Employer, for example information provided in the Ad. The composition of each target audience on the Site, and the frequency of publication to that audience, are determined by Klinx in its sole discretion. Klinx may have limited or no control over the display of Ads on Other Sites, including their audiences.
From time to time, Klinx may add labels (such as “Urgent”, “Urgently Hiring”, “Ad”, “Paid”, “Promoted”, or “Sponsored”) when publishing an Ad. Klinx reserves the right to add, change, or remove labels at any time. When you enable labels like “Urgent” or “Urgently Hiring” for your Ad, the frequency of showing such a label on your Ad is determined by Klinx in its sole discretion. Klinx may display an estimate of the compensation associated with any Job Ad. If you do not want an estimate to be shown, you must provide Klinx with the actual compensation.
Klinx does not guarantee reach, performance, placement, or distribution of Ads, all of which may vary depending on Klinx’s consideration of various factors, such as supply and demand, industry, type of role, and sponsorship. The distribution, placement, positioning, size, and location of Ads are determined by Klinx in its sole discretion. You agree that Klinx has no obligation to accept, host, or publish your Ad. That decision is entirely Klinx’s in its sole discretion. Klinx may reject or remove any Ad for any or no reason without notice. Klinx may also pause Ad campaigns without notice. For examples of why Job Ads from Employers may be rejected, refer to Klinx Job Posting Standards.
Klinx further reserves the right to include or reject any or all Job Ads from a job board. Generally, job boards may only post Job Ads on their own behalf as an Employer. A job board may only post Job Ads on its clients’ behalf if they conform to the Job Board Inclusion Guidelines, which also give examples of why Job Ads from job boards may be rejected. Attempts to violate the Guidelines may result in limiting or disabling your account. The determination as to whether you are a job board is made by Klinx in its sole discretion, and such decision is binding. Klinx further reserves the right to reject any Job Ads which advertise staffing opportunities or platforms rather than jobs.
You acknowledge that inclusion of Ads that violate these IAP Terms or Klinx policies or standards may harm Klinx and its users. Although Klinx may indicate why an Ad has been removed, we cannot give every reason why, and we always retain the right to remove any Ad if we feel it is in the interest of users or Klinx. The Klinx team responsible for maintaining the quality of the Site is independent, and its decisions are final and not subject to review.
To post a Job Ad at no additional cost, post it through the Site without selecting the option to sponsor, promote, or any similar designation. When you post a free Ad, that Ad will be visible on the Site for a limited time and may automatically pause once a certain period of time has elapsed, or if a certain application threshold is reached. As described below, please note that Klinx may require an Ad to be sponsored, or limit the number of free Ads you are allowed to post, for any or no reason in Klinx’s sole discretion, including to benefit Job Seekers, to verify the legitimacy of the Ad or the Employer, to prevent abuse of the free to post system, or to improve the Site.
Performance, cost, budget, and other data related to your unclaimed indexed Job Ad on the Site is available to anyone who claims the Job Ad or feed. It is your responsibility to claim your Job Ads and feeds, and to alert Klinx in case of an inaccuracy.
Klinx Hiring Events. When you post a Klinx Hiring Event, you are asking Klinx to manage the Ad campaign, distributing its budget among our different pricing models in our sole discretion. You will be charged in accordance with the selected pricing model(s) and any applicable subscription fee. Posting a Klinx Hiring Event may require a minimum advertising budget. You are also asking Klinx to send emails or text messages related to your event to users who RSVP to your event, such as in case of event cancellation, though delivery is not guaranteed.
You are solely responsible for all aspects of your hiring event, whether participating or hosting, including your Ad and hiring process, the event’s timing, location, accessibility, security, and attendance, signage, documentation, reviewing Job Seeker qualifications, verifying information, screening applicants, and responding to requests for accommodation.
Tracking Pixels. Klinx may permit you to include tracking pixels in Ads. This functionality is provided solely as a courtesy, and Klinx may disable any tracking pixel at any time. Klinx provides no warranty regarding the proper functioning of a pixel, any numbers reported, or that use of a pixel would be error-free. You are advised not to rely on the pixel. Tracking pixels are for convenience only, and may not be used to profile users, for behavioral analytics, or to dispute Klinx’s advertising charges. You are solely responsible for your tracking pixels, and Klinx disclaims all liability related to such use. You agree to comply with all applicable laws, including applicable privacy and data protection laws, and to defend and indemnify Klinx from any claim arising from your use of tracking pixels.
Integrations.** Klinx may support or offer functionality by which an Employer may monitor progress through parts of their hiring process, such as a conversion tracker or ATS integration (“Integrations”). Integrations send data to Klinx about applications originating on the Site, including completion of an application, contacts, interviews, and hiring decisions. This data is User Content under the Agreement. Integrations involving Klinx’s Sponsored Jobs API may also allow Employers to automate the sponsorship of Job Ads. By accessing or using the Sponsored Jobs API, you or your End User may incur a charge whenever your or your End User’s monthly spend to sponsor Job Ads via monthly campaign(s) is less than the calculated total monthly cost of using the API as determined by Klinx and indicated on the Site, in the Documentation (including in the Klinx Developer Portal), or as otherwise communicated to you by Klinx. Spend on Job Ads sponsored with daily budgets is not considered when determining if you or your End User will incur a charge. Charges are solely based on Klinx’s measurements, and Klinx’s measurements shall be binding. Any connections to a Klinx API are subject to the **Klinx API Terms** in the Agreement.
Integrations are provided on an “as-is” and “as-available” basis, and without warranty. Klinx disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Integrations. Your installation and use of an Integration must be in accordance with all applicable laws, including providing any necessary disclosures and obtaining any necessary consent or agreement.
2. Ad Sponsorship
An Ad can be sponsored using tools on the Site or an integration with Klinx such as your ATS, or through a campaign, including Sponsored Jobs. “Sponsor” means you are paying Klinx to advertise and publish the Ad, and you are requesting that Klinx manage your Ad campaign using automated tools for Ad placement and bid optimization, for exposure and visibility on the Site and Other Sites. This management is in Klinx’s sole discretion and is provided without warranty as to placement or visibility of any Ad. Sponsorship is not a guarantee that the Ad will be published at any particular time or place, or displayed more prominently or frequently than other Ads. Sponsorship means Klinx exercising its judgment and discretion in publishing the Ad, to achieve what Klinx determines is the most appropriate visibility for the Ad and budget.
The price to sponsor an Ad is measured by user activity, such as impressions, clicks, Started RSVPs, RSVPs, or Started Applications. You are not buying these clicks or other actions themselves; they are only different ways to measure the advertising service Klinx provides.
Klinx may require a minimum Ad budget to sponsor a Job Ad or to post a Klinx Hiring Event. A campaign to sponsor multiple Job Ads may also require a minimum spend per Job Ad.
Prices vary based on many factors, including supply and demand of Ads, impressions, clicks, Started RSVPs, RSVPs, Started Applications, Applications, internet traffic, time of day or year, job title, and job location. Charges are solely based on Klinx’s measurements of user activity, including impressions, clicks, Started RSVPs, RSVPs or Started Applications. Klinx’s measurements of such activity shall be binding. Klinx’s measurements may include and rely on data from third parties, including vendors and Other Sites, over which Klinx has limited control or knowledge.
You agree that Klinx has no obligation to accept, host, or publish your Ad. That decision is entirely Klinx’s in its sole discretion, regardless of sponsorship. Klinx may reject or remove any Ad for any or no reason without notice. Once removed, an Ad does not receive impressions, clicks, Started RSVPs, RSVPs, Started Applications, or Applications.
Klinx may require an Ad to be sponsored, for any or no reason, in Klinx’s sole discretion, including to benefit Job Seekers, to verify the legitimacy of the Ad or the Employer, to prevent abuse of the free to post system, or to improve the Site. For example, sponsorship may be required for identical jobs posted in multiple locations, jobs (including similar jobs) re-posted after an initial time period, jobs that have reached the free application or Ad time limit on the Site, jobs posted with a confidential or generic company name, jobs that are commission-only, or hard-to-fill jobs. Any Job Ad that you post directly on the Site may require that Job Ad to be sponsored if your jobs are already aggregated or indexed to the Site from sources such as a data feed (e.g. XML, API), your career site, your company site, or ATS. Ad sponsorship may be required for jobs posted by a staffing agency, recruitment process outsourcer, or other recruitment-based company.
You may have the option to sponsor an Ad at a premium budget specified on the Site for access to certain features as specified on the Site. You are solely responsible for reviewing and selecting appropriate features for your Ad and for all optional targeting features you choose, including targeting that allows your Ad to appear in the approximate geographic locations that you select and to an audience based on relevant job criteria that you select. Certain optional targeting features are based on user provided information, and Klinx does not guarantee the accuracy of such information. You are not required to use any optional features, and as applicable, may opt-in to or opt-out of usage of those features. Unless otherwise stated on the Site, your Ad budget will not change by opting out of any optional features.
3. Budget and Pricing Models
Ad campaigns can be sponsored under different pricing models, described below. Each sponsored Ad will incur a charge upon the associated user action, until its budget is depleted or you pause or close the Ad. For example, one Job Ad campaign may be charged per click, while another campaign may be charged per Started Application. This activity may happen on the Site, Klinx Apps, or Other Sites.
Pricing is indicated on the Site or an Insertion Order. When you start, edit, or change a sponsored Job Ad campaign or plan, the pricing models available to you may vary. Klinx reserves the right to offer different pricing models at different times in different circumstances, in limited quantities, in limited locations, and for a limited time, or to set any pricing model as default. Prices and pricing models may vary between different Ads, or between the same Ad posted at different times or locations (such as when a campaign is closed and later reopened). If you do not select a pricing model for a sponsored Ad campaign, Klinx may select one.
It is your responsibility to monitor your Ad campaigns, select the appropriate pricing model and budget for each campaign, and manage their budgets. You can pause, unpause, or close your Ads at any time. You can also change your Ad budget at any time. When you change your Ad budget, your access to sponsored job features may change accordingly. For example, by decreasing your Ad budget below the premium budget specified on the Site, you will lose access to certain features that are only available by maintaining the specified budget. A budget or spending limit you set for one Ad campaign is for that type of campaign only, and does not limit how much you will spend on other campaigns or other services. For example, the budget and limits for Pay Per Started Application campaigns will not apply to a Pay Per Click campaign. If your written Insertion Order does not contain an end date, your campaign will run, and you will continue to be billed, until you contact Klinx to cancel.
Klinx may provide budget recommendations and performance estimates for a given budget (such as expected visibility or clicks), or other predictions related to your Ad. This data is provided “as is,” without warranty, and does not guarantee performance or visibility, or interaction with your Ad or job.
Pricing Models
Pay Per Impression. You will be charged based on impression count. An impression generally occurs when your Ad appears on a page or screen which has been presented to a user. Delivery of an impression does not guarantee any level of viewership of your Ad or interaction with your job. Impression data may rely on third parties like Other Sites, who may measure impressions differently from each other. Charges are solely based on Klinx’s impression measurements. Klinx’s impression count shall be binding.
Pay Per Click, also known as Daily Budget. You will be charged based on click count. Clicks can be on Ads or on other content such as messages and notifications. Your dashboard will reflect the total click count. Charges are solely based on Klinx’s click count. Klinx’s click count shall be binding.
Pay Per Started RSVP. You will be charged when a user takes the first step to RSVP to your Hiring Event (a “Started RSVP”), including clicking on a button or link to start or continue an RSVP. A Started RSVP is considered complete even if the user does not proceed further, and does not guarantee they will complete an RSVP or attend a Hiring Event. Charges are solely based on Klinx’s Started RSVP measurements. Klinx’s Started RSVP count shall be binding.
Pay Per RSVP. You will be charged for each RSVP to your Hiring Event. An RSVP is defined as a user completing the online RSVP form agreeing to attend your Event. An RSVP does not guarantee that a Job Seeker will attend your Event. Charges are solely based on Klinx’s RSVP measurements. Klinx’s RSVP count shall be binding.
Pay Per Started Application. You will be charged when a user takes the first step of applying to your job (a “Started Application”). A Started Application includes: 1) a click on a button or link to start or continue an application; 2) interacting with a chatbot, QR code, or other method to start or continue an application; 3) a click on a button or link to schedule an interview; and 4) a click on a Sponsored Job ad on a third party website, which leads to the Klinx Apply page. A Started Application is considered complete even if the user does not proceed further, and does not guarantee they will complete an application. Charges are solely based on Klinx’s Started Application measurements. Klinx’s Started Application count shall be binding.
4. Billing and Payment
Klinx may charge the credit card, or bank account information on file for your account. You will be charged upon the earlier of (a) your Ad campaign spending $100.00 or more or (b) the beginning of the next calendar month after you sponsor your Ad. If you previously sponsored Pay Per Click Ads on the same account, you may also be charged once your Job Ad campaign spends $25.00. For an Ad campaign, or the purchase of products or services of more than $100 per month, you may be charged multiple times a month. If you do not provide a payment method for a Sponsored Job campaign, the campaign will not begin and your Ad will not be visible, though Klinx may in its sole discretion remove the budget and post the Ad with organic visibility.
Invoices may be provided to you via email. Your payment must be in accordance with the Payment section in the Terms for All Users section of the Agreement. You waive all claims relating to charges unless claimed within 120 days after the charge (this does not affect your credit card issuer rights). You are responsible for paying all expenses and attorney fees Klinx incurs collecting late amounts. Refunds (if any) are in accordance with the Refunds section in the Terms for All Users section of the Agreement. If you are removed from the Site, but have previously spent on the Site, you are not entitled to a refund of previously spent amounts.
Charges are exclusive of all taxes, including VAT. You are responsible for all taxes and government charges as applicable and appropriate. All withholding tax remittances to the government are your sole responsibility and Klinx shall have no liability whatsoever therefor. (If you are in Japan, Japanese consumption tax will apply on the import of all Klinx services.)
Your credit card, bank account, and related billing and payment information may be shared by Klinx with companies who work on Klinx’s behalf, such as payment processors or credit agencies, for the purposes of checking credit, effecting payment to Klinx, and servicing your account. Klinx may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Klinx shall not be liable for any use or disclosure of such information.
5. Conditions and Prohibited Uses
Your use of the Ads Program is permitted on the condition that you adhere to all applicable Klinx terms and policies, including these IAP Terms, the Agreement, the Site Rules, Privacy Policy, and instructions on the Site and Klinx Apps. Violation may result in restrictions on your account, termination of your account and the Agreement, and legal penalties and consequences. Klinx terms and policies may be modified at any time.
You are responsible for all information you provide or request that Klinx publish, whether through the Site or otherwise, and whether generated by or for you, in any medium, including text, image, mark, logo, video, or audio, all which is considered User Content under the Agreement. Klinx relies on the accuracy of the information you provide. You must notify Klinx immediately if you notice any inaccuracy.
You accept sole responsibility for: (i) User Content provided by, attributable to, or associated with you, including Ad content, job descriptions, screener questions, and target URLs; (ii) websites reachable from target URLs or your Ad; and (iii) ensuring that your use of the Ads Program, the Site, and Klinx Apps are lawful, and will not cause Klinx to violate any applicable law. Klinx’s publication of your Ad, or reformatting or addition of labels during publication (such as “Powered by Klinx”) does not alter your responsibility.
You represent and warrant that: (i) you have the right and authority to use the Program, including to provide or claim your Ads and job feed; (ii) all information you provide (through the Site or otherwise) is true, correct, and current; (iii) you hold and grant Klinx, its affiliates, and sublicensees all rights to use, copy, distribute, and display your User Content; and (iv) such use and websites linked from your Ads will not violate or encourage violation of any applicable law.
You shall not cause, authorize, or contribute to: (i) automated, fraudulent or otherwise invalid Site activity such as impressions, clicks, Started RSVPs, RSVPs, Started Applications, or Applications; (ii) manipulation of Ad placement, bidding, or any other part of the Site or Klinx Apps; (iii) inaccurate reporting of any measurements of user activity including applications; (iv) circumventing charges you owe to Klinx, such as by preventing the reporting of an application; (v) advertisement of goods or services through the Site; or (vi) anything unlawful or fraudulent. Klinx reserves the right in its sole discretion to terminate accounts suspected of such activity without notice, and to take corresponding legal action.**
Klinx may choose not to accept any Ads for any or no reason. Klinx further reserves the right to disable or terminate any Employer’s account, for any or no reason, without notice. Although Klinx may provide information related to our decision-making process, we cannot give every reason why an account may be terminated or an Ad may be removed. The Klinx team responsible for maintaining the quality of the Site is independent, and its decisions are final and not subject to review.
6. Disclaimer and Limitation of Liability
THE ADS PROGRAM, THE SITE, AND KLINX APPS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KLINX AND ITS AFFILIATES, AND ITS AND THEIR LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR TITLE, NON-INFRINGEMENT, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE THE ADS PROGRAM, THE SITE, AND KLINX APPS AT YOUR OWN RISK. KLINX DOES NOT GUARANTEE THAT THE ADS PROGRAM, THE SITE, OR KLINX APPS WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. KLINX DISCLAIMS ALL LIABILITY WITH REGARD TO OTHER SITES.
Klinx and its affiliates, and its and their licensors, disclaim all guarantees regarding positioning, accuracy, or the levels or timing of: (i) costs of advertising, whether measured by impressions, clicks, Started RSVPs, RSVPS, Started Applications, Applications, or otherwise; (ii) delivery or rates of impressions, clicks, Started RSVPs, RSVPS, Started Applications, or Applications (including any estimates on the Site or an Insertion Order); (iii) reach, performance, placement, distribution, or conversion of Ads; (iv) accuracy or success of Ad targeting or the size or composition of any audience, or the ability or inability of any person to view an Ad; (v) the interest level or qualification of anyone who interacts with your Ad, Hiring Event, or job; and (vi) attendance at a job interview, Hiring Event, or job.
CLICKS AND OTHER USER ACTIVITY ARE ANONYMOUS, AND KLINX HAS NO RESPONSIBILITY FOR CONFIRMING A USER’S IDENTITY. USER ACTIVITY SUCH AS AN IMPRESSION, CLICK, STARTED RSVP, RSVP, STARTED APPLICATION, OR APPLICATION IS NOT A GUARANTEE OF INTEREST IN YOUR AD OR JOB. KLINX IS NOT RESPONSIBLE FOR CLICK FRAUD, FRAUDULENT LEADS, TECHNOLOGICAL ISSUES, OR OTHER POTENTIALLY INVALID ACTIVITY BY THIRD PARTIES THAT MAY AFFECT THE COST OF ADS.
EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 8 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTIONS 3, 4, OR 5, TO THE FULLEST EXTENT PERMITTED BY LAW: (i) NEITHER PARTY WILL BE LIABLE UNDER THESE KLINX AD PROGRAM TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (ii) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE KLINX AD PROGRAM TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO KLINX BY YOU FOR THE ADS GIVING RISE TO THE CLAIM.
7. Cancellation
You may cancel an Ad or campaign at any time. Cancellation is generally effective within 24 hours. You are responsible to pay for all advertising prior to cancellation, as well as any agreed-upon platform fee. Klinx may notify Job Seekers if you cancel a Hiring Event.
Klinx may modify, cancel, or terminate the Ads Program or these Klinx Ad Program Terms at any time and without liability. Sections 5, 6, and 8 will survive any expiration, cancellation, or termination of these Klinx Ad Program Terms.
8. Indemnification
You shall indemnify, defend and hold harmless Klinx, its agents, affiliates, licensors, partners, and publishers (including Other Sites) from any claim or liability (including legal fees) arising out of your Ads Program use, Ads, User Content, screening or screener questions, Hiring Event, use of the Site or Klinx Apps, use of a tracking pixel or Integration, any information or data you provide, your hiring process, or breach of the Agreement or these IAP Terms.
Klinx Resumé Search Program Terms
These Klinx Resumé Search Program Terms or Klinx CV Search Program Terms or Searchlight Terms (collectively, “KRSP Terms”) form a part of, and are incorporated into, the Klinx Terms of Service (the “Agreement”), and apply to any Employer that accesses or uses the Klinx Resumé Search also known as “Searchlight” offering, or that otherwise indicates its acceptance of these KRSP Terms. By agreeing to the KRSP Terms, you also agree to the Klinx Terms of Service.
Any capitalized terms that are used but not defined in these KRSP Terms have the meaning set forth in the Agreement.
1. The Program
Use of the Klinx Resumé Search Program/CV Search Program, also known as “Searchlight” (“Program” or “KRSP”) by an individual / Job Seeker who posts their resumé on the Site (hereinafter, “Resumé Owner”) or Employer on or through the Site is subject to all applicable Klinx best-practice guidelines, policies, and other terms and conditions made available to you, including through the Site, on the subscription or plan purchase page, and on the FAQ and information page(s) for the country you are purchasing a subscription or plan for, any or all of which may be modified at any time. You agree and acknowledge that the Program pricing and offerings are subject to change. Purchasing additional subscriptions or plans, or modifying subscriptions or plans, may reset the monthly billing date for subscriptions or plans associated with your account, resulting in pro rata charges to account for the new date. If you purchase a new plan in India during the duration of your current plan, the new plan will begin after your current plan ends. You shall not use any information obtained from the Site except for internal use in selecting and contacting Resumé Owners or other individuals, through the Site, for purposes of filling your Job Listings. You shall not use the Klinx Resumé Search Program for any directly or indirectly illegal, discriminatory, or fraudulent purpose. You are solely responsible for your use of the Program, including but not limited to, how you search for Job Seekers, who you decide to contact, and any employment related decisions you make. Please note that contacts expire six months from the date of subscription purchase. Contacts that you receive via a special offer expire six months from the date you redeem that offer, unless otherwise stated in the offer. Contact information provided by Klinx, including any Relay Service email address, is for your individual use only and may not be shared with any other person. You are expressly forbidden from using any product or system intended to extract the information from a resumé, in order to circumvent the resumé contact system in any manner whatsoever. Use of such a product or system will result in your immediate termination from the Program. In addition, as a feature of the Program, Klinx may send emails to Resumé Owners on your behalf indicating that your Job Listing is potentially a match for their resumé. In some circumstances, Klinx may limit the number and/or frequency of times you may contact a Resumé Owner or any individual through the Site. For example, if you contact a Resumé Owner, and the Resumé Owner does not express interest or contact you back, you may not be able to contact them again for a period of time.
IMPORTANT NOTICE: YOU EXPRESSLY AGREE THAT: in purchasing or obtaining access to the Program, you are paying Klinx the amount indicated on the Site for the purpose of Klinx facilitating your contact with a Resumé Owner by sending a message to the email address that the relevant Resumé Owner has provided to Klinx, or by connecting you via phone call to the number provided by the Resumé Owner. Your use of the Program is subject to all Klinx Site Rules and policies, including the Klinx Privacy Policy and any policies pertaining to Relay Services. Klinx does not guarantee that the email address is still in use, that such message will be received, read, or acted upon by any potential Resumé Owner or job seeker, or that any individual or Resumé Owner’s resumé or information thereof is valid, accurate or complete in any respect. Klinx may return different results for the same resumé search query and has full discretion with respect to the resumés or profiles it presents in response to any particular search. Klinx does not allow its Program, including but not limited to, resumé contact service to be used in a spam-like manner, and you expressly agree not to use the Program service in such a manner. Klinx defines “spam-like manner” as sending requests for job positions to persons who are, as indicated by Klinx experience and/or Resumé Owner behavior and reaction, unsuited for the role or who have indicated that such requests are unwanted. Klinx reserves the right to disable Klinx Resumé Search contact service for any user who, in Klinx’s sole discretion, violates these KRSP Terms. We reserve the right to drop any message, including without limitation dropping any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .so, .dll, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment or any other attachment containing scripts, macros, or other code, or other messages that Klinx suspects to be malicious or spam, or for any or no reason. The only acceptable use of the Program is for you to contact a Resumé Owner or individual through the Site regarding a Job Listing or potential employment. No other uses of the Program are permitted. Scraping or data mining the Klinx Resumé Search database, which may include any Job Seeker Resumé, or using the Klinx Resumé Search or “Searchlight” database for any other purpose except as allowed, may result in legal action being taken against you. We may, in our sole discretion, place limits on your ability to run searches using the Program if we suspect that your use may adversely be affecting Klinx’s system, you are using the Program in a malicious or objectionable manner, or you have violated this Agreement. Additionally, if you are a competitor of Klinx (including but not limited to any job aggregation website or any job posting websites) you may not use the Klinx Program or Resumé Search or Searchlight database to contact a Resumé Owner for the purpose of sending them a job offer from your clients, and any such competitive use of the Program or Klinx Resumé Search or SearchlightSourcing database may result in Klinx blocking you from the Site, blocking you from contacting Resumé Owners, and blocking your contact emails to those Resumé Owners without notice and you consent to the same. Klinx may limit the number of devices each account is logged into. Each Resumé or Searchlight subscription or plan is solely for the individual use of the person to whom it is assigned, and may not be shared with other users. If you have a plan in India, you agree that adding seats to the plan does not add additional contacts to the subscription plan; if you add a seat on a day after the subscription plan has started, the price you pay for that seat is prorated, however, the number of contacts remains unaffected. For plans in India, once the time period on your subscription plan expires, so will any remaining contacts; no unused contacts will carry over to your new plan.
In the event phone numbers are provided by the Resumé Owner in the resumé, Klinx does not guarantee their validity and cannot confirm whether such numbers are landlines or cell phones. You agree to call Resumé Owner regarding relevant job opportunities only. It is your sole responsibility to comply with all TCPA guidelines, as well as other laws against automated telephone dialing systems or laws governing phone or mobile communications in your applicable jurisdiction.
Information contained in Resumé Owner resumés is self-reported by Job Seekers, may be outdated or inaccurate, and is not verified by Klinx. Any filtering, sorting, matching, or ranking tools available to you as part of the Program rely on this Job Seeker-provided information and/or information you provide to Klinx about your job requirements or preferences. The appearance of a given Job Seeker’s resumé in search results or as a match is not a guarantee that the Resumé Owner has the attributes or experience you have selected or that they would be interested in a job. When you use the Program, Klinx does not guarantee that you will see desirable, or any, search results in response to each query or that you will see desirable, or any, daily matches. You are solely responsible for determining or verifying any Resumé Owner provided information or any publicly available information, including whether a Resumé Owner / Job Seeker has a certain license, certification, or security clearance. In a product on the Site, you may see a verification of a Job Seeker’s skills, certifications, or other qualifications. Klinx does not guarantee the accuracy of such verifications or information, and you are solely responsible for verifying information on the Site.
In the United States, Klinx may make publicly available information aggregated from various sources searchable by third parties (like Employers) through the Program. We make that information available on a limited basis and for a limited time to help Employers find and connect with potential job seekers about an Employer’s Job Listings or job opportunities, and such information may not be used for any other purpose. You may remove your publicly available information from the Program and unsubscribe from receiving potential job opportunities from Employers by following the unsubscribe link in our messages. To delete your publicly available information from our Site, submit this form.
2. Cancellation
Once you have requested that Klinx contact a Resumé Owner, you may not revoke such request. Cancellation of your use of the Program shall be in accordance with any cancellation policies listed on the Site.
When you cancel or downgrade your subscription or plan, your access to the Program features will change accordingly. For example, you will lose access to features that are exclusive to the higher subscription or plan.
Klinx reserves the right to cancel any subscription at any time, and for any or no reason. Klinx may immediately cancel, update or modify the Program or these KRSP Terms in our sole discretion at any time without liability and your use of the Program after notice that the Program or these KRSP Terms have changed indicates acceptance of the updated KRSP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these KRSP Terms.
3. Your Information
You represent and warrant that all information you provide to Klinx is correct and current. You represent to Klinx that you are an Employer interested in considering the Resumé Owner as a potential employee.
4. Disclaimer and Limitation of Liability
KLINX’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, KLINX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY EMAIL ADDRESS THAT HAS BEEN PROVIDED TO KLINX IS VALID, THAT ANY EMAIL SENT BY KLINX AT YOUR REQUEST WILL REACH THE INTENDED RECIPIENT, THAT ANY INTENDED RECIPIENT OF ANY SUCH EMAIL WILL READ SUCH EMAIL, OR THAT ANY SUCH INTENDED RECIPIENT WILL ACT UPON SUCH EMAIL. FURTHER, KLINX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY RESUMÉ IS AVAILABLE OR VIEWABLE AT ANY PARTICULAR TIME, OR THAT ANY RESUMÉ DESCRIBES AN APPLICANT’S SKILLS, QUALIFICATIONS, OR ABILITIES. KLINX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE THE SITE AND THE PROGRAM AT YOUR OWN RISK. KLINX DOES NOT GUARANTEE THAT THE SITE OR PROGRAM WILL ALWAYS BE ERROR FREE, SAFE, OR SECURE.
EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (i) NEITHER PARTY WILL BE LIABLE UNDER THESE PROGRAM TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (ii) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE PROGRAM TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO KLINX BY YOU FOR THE KLINX RESUMÉ SEARCH SERVICE GIVING RISE TO THE CLAIM.
5. Payment
You shall be charged if, and as, indicated by the Site. Upon your request, Klinx may in its sole discretion pause your subscription or plan and associated cost, and upon Klinx unpausing the subscription or plan, it will continue for the remaining term until it expires and automatically renews. Details regarding the resumé subscription plan are available on the Site. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may be able to pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euro, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, Mexican Pesos, or Japanese Yen. This choice of currencies will be fully subject to Klinx’s discretion. Charges are exclusive of taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (i) all taxes and government charges, and (ii) reasonable expenses and attorney fees Klinx incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Klinx products and services. You waive all claims relating to charges unless claimed within 120 days after the charge (this does not affect your credit card issuer rights). PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODIC ALLOTMENTS UNDER THE APPLICABLE RESUMÉ SUBSCRIPTION OR PLAN. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. Refunds (if any) are at the absolute discretion of Klinx and may only be offered in the form of credit for Klinx services. You acknowledge and agree that any credit card, bank account, and related billing and payment information that you provide to Klinx may be shared by Klinx with companies who work on Klinx’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Klinx, and servicing your account. Klinx may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Klinx shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility, and Klinx shall have no liability whatsoever therefore. Invoices may be provided to you via electronic mail, unless otherwise specified by Klinx. Except for plans in India, if you purchase a subscription or plan, you acknowledge and agree that your subscription or plan will automatically renew and Klinx will charge you on a recurring basis until you cancel your subscription or plan and such cancellation goes into effect, which may not be until the next billing cycle. Pausing your subscription or plan does not cancel it. Your subscription will continue to automatically renew after being unpaused. The applicable billing cycle (e.g. monthly or annual, etc.) will depend upon the terms agreed upon.
6. Indemnification
You shall indemnify, defend, and hold harmless Klinx, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of your use of the Program, including but not limited to how you conduct the search; any contact you have with the recipient (or intended recipient); any email you request to be sent pursuant to these Program Terms; any phone call or text message you make to a recipient; and activities of any third party service provider you engage to facilitate your sourcing activities through the Program, such as an Applicant Tracking System (ATS).
Klinx API Terms
These Klinx API terms (“API Terms”) and any related documentation (“Documentation”), form a part of, and are incorporated into, the Klinx Terms of Service, and apply to anyone who accesses or uses an Application Programming Interface created or maintained by Klinx (“API”), develops any application that communicates or interoperates with any API, the Site, or any Klinx service (“Application”), or who otherwise indicates acceptance of these API Terms. By accessing or using any API or Documentation or by otherwise accepting these API Terms, you agree to these API terms and to the Klinx Terms of Service (the “Agreement”), including the terms associated with any Klinx service you are using, and all of Klinx’s policies, including the Klinx Privacy Policy and Klinx Cookie Policy. By using any Klinx API on behalf of an entity like an Employer, you represent and warrant that you have authority to bind that entity to these API Terms, and by accepting these API Terms, you are doing so on behalf of that entity. Any capitalized terms that are used but not defined in these API Terms have the meaning set forth in the Agreement.
“Applicable Data Protection Law” means all laws, regulations, and other legal requirements relating to (i) privacy, data security, consumer protection, marketing, promotion, and text messaging, email, and other communications; (ii) the use, collection, retention, storage, security, disclosure, transfer, disposal, and other processing of Personal Data applicable to the processing of Client Personal Data under the Agreement including but not limited to General Data Protection Regulation 2016/679 (“GDPR”), Federal Data Protection Act of 19 June 1992 (Switzerland), UK Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR), Japanese Act on the Protection of Personal Information (Act No. 57 of 2003 as amended in 2015), and any US state or federal laws or regulations pertaining to the collection, use, disclosure, security, or protection of personal data, or to security breach notification, e.g. The California Consumer Privacy Act, as amended by the California Privacy Rights Act (together the “CCPA”); and binding guidance and/or codes of practice issued by a competent supervisory authority under applicable laws (as defined in the GDPR), or the European Data Protection Board.
“Confidential Information” means any information about the disclosing party’s business activities that is proprietary and confidential, which shall include all business, financial, technical, statistics, traffic trends and other information of a party marked or designated by such party as “confidential” or “proprietary,” or information which, by the nature of the circumstances surrounding the disclosure, the receiving party ought to recognize as confidential.
“End User” means an entity, such as an Employer client (or you if you build or use the Integration for your own use), that uses any Integration or Klinx API.
“Klinx Confidential Information” includes, but is not limited to, the APIs, Documentation, APIs Key, Klinx Marks, Klinx Applications, click through rates, performance statistics, advertising rates, revenue share rates, and all information related thereto.
“Integration” means the working connection between your Application and Klinx API(s) that allows for the exchange of information as described and permitted under the Documentation.
“Personal Data” means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. This definition shall adjust as necessary to include data defined as “Personal Information,” “Personally Identifiable Information,” and similar terms under Applicable Data Protection Laws.
1. The APIs
Klinx may provide you with access to one or more APIs, as well as any accompanying Documentation, solely for your internal business use in developing and using Applications or for Klinx to process and analyze submitted information and behavioral data in accordance with the Klinx Privacy Policy. Klinx assumes no responsibility and disclaims any and all liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material on or through any API. For the most up-to-date and accurate information, use the Site directly.
Your license is subject to and conditioned on your compliance with all terms and conditions set forth in the Agreement, and it is revocable, non-exclusive, non-transferable, and non-sublicensable. No implied license is granted. Klinx reserves all rights that are not expressly granted by this Agreement.
You may develop an Application that interoperates with a Klinx API for the use of your employees or independent contractors for your internal business purposes. Your and End Users’ use of an API or Application to access the Site or any Klinx App is subject to the applicable Terms of Service for the Site or Klinx App, and you agree to require your End Users to accept and comply with such Terms of Service as well as these API Terms. You agree that you will be responsible for your End Users’ use of your Application and any API. It is also your and your End Users’ responsibility to regularly review any Klinx App or the Site in order to obtain the most up-to-date information (including, but not limited to, explanations about how features work, disclaimers and disclosures regarding the services provided, and methods for charging) about Klinx’s products and services. By using an Application or Applicant Tracking System (“ATS”) via an API, rather than directly using the Site or a Klinx App, you agree to all information provided on the Site or a Klinx App. Use of an Application or ATS via an API, rather than direct use of the Site or a Klinx App, shall not excuse any lack of information or understanding about Klinx’s products and services, where that information is otherwise provided on the Site or a Klinx App.
You agree that Klinx may monitor your and End Users’ use of any API, and may process and analyze submitted information and behavioral data in accordance with the Klinx Privacy Policy. This monitoring may include Klinx accessing and using your Application. You will not interfere with this monitoring. Klinx may use any technical means to overcome such interference. You agree that when you or End Users’ use an ATS via an API, such ATS may access, monitor, process, or analyze submitted information and behavioral data. If you, or anyone on your behalf, send or receive communication via API (including by sending or receiving communication to or from an email address aliased by Klinx and/or by using a different email address from the one associated with your account), you agree to the communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Site’s rules and other Klinx policies, content moderation, and to improve the Site or any other Klinx product or service.
You agree to promptly notify Klinx in advance of your decision to discontinue use of any APIs that allow Klinx to process and analyze submitted information and behavioral data.
By using Klinx’s API you understand and agree to periodic audits of your usage. Klinx may request, and you will provide (or cause your agent to provide), your data usage metrics in order for Klinx to review. If Klinx finds you have violated these guidelines, your use of Klinx’s API may be restricted or terminated.
Klinx may update, modify or discontinue the API at any time and in our sole discretion and without liability to you, and may require you to obtain and use the most recent version. You are required to update your Application accordingly at your sole expense. You acknowledge that Klinx’s update to an API may adversely affect how your Application communicates with the Site or a Klinx App, and you agree that Klinx will have no liability therefrom. Your use of an API after an update by Klinx constitutes acceptance of the update. Klinx reserves the right to develop products or services that are similar to, or may compete with, any Application.
2. Limitations, Restrictions and Security
Accessing and using the Site or any Klinx App through an API is subject to the Site Rules, these API Terms, and any additional rules, guidelines, and policies made available by Klinx. Such additional rules, guidelines, or policies may be detailed in the Documentation (including in the Klinx Developer Portal), these API Terms, or otherwise communicated to you by Klinx. For example, by using the Klinx Apply API in connection with your Job Listings, you agree not to require or otherwise burden a Job Seeker to submit a duplicate application through other means if that Job Seeker already applied to your Job Listing using Klinx Apply. You further agree to accurately describe to a Job Seeker what information and data you collect from and about that Job Seeker when they apply to your job using Klinx Apply, including how you handle and share such information and data. You also agree to honor a Job Seeker’s request for their information and data that you collect in connection with any API. Further, by using the Klinx Apply API, you agree to use HTTPS POST URL(s).
You agree to do all the following in connection with your access and use of any API or development or use of any Application: (i) comply with the Agreement, the API terms, the Site Rules, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be made available to you by Klinx (including those stated in the Klinx Developer Portal); (ii) monitor the use of your Applications for any activity that violates these API terms; (iii) promptly restrict any End Users who violate these API Terms from further use of your Application; and (iv) promptly notify Klinx of any violation of these API Terms by you or End Users.
You acknowledge and agree that Klinx sets and enforces limits on your use of and access to any API (including by limiting the number of API calls or API requests you may make or the number of users you may serve). Klinx monitors usage of the APIs to enforce these limits, in its sole discretion. Such limits may be detailed in the Documentation or otherwise communicated to you by Klinx. When you reach those limits, Klinx may restrict or terminate your API access or API Key at any time and without prior notice.
Access to the Sponsored Jobs API is limited to users and End Users who actively spend to sponsor a Job Ad through a periodic (weekly, monthly, or some similar standard set period) campaign. When you or your End User do not actively spend to sponsor a Job Ad through a monthly campaign, you agree that your and your End User’s access to the Sponsored Jobs API will be disabled or terminated without prior notice. You agree that you or your End User (whoever is the billing entity on record accessing the API) shall be charged for each call or request that you make to the Sponsored Jobs API if, and as, indicated on the Site, in the Documentation (including in the Klinx Developer Portal), or as otherwise communicated to you by Klinx. By accessing or using the Sponsored Jobs API, you or your End User may incur a charge whenever your or your End User’s monthly spend to sponsor Job Ads via monthly campaign(s) is less than the calculated total monthly cost of using the API as determined by Klinx and indicated on the Site, in the Documentation (including in the Klinx Developer Portal), or as otherwise communicated to you by Klinx. Spend on Job Ads sponsored with daily budgets is not considered when determining if you or your End User will incur a charge. Charges are solely based on Klinx’s measurements, and Klinx’s measurements shall be binding. It is your and your End Users’ responsibility to regularly review any Klinx App, the Site, or Documentation (which may be updated from time to time at Klinx’s sole discretion) to obtain the most up to date information regarding payment and how Klinx charges you or your End User for your use or your End User’s use of Klinx’s products and services, including any API.
You agree that neither you, your Application, nor your End Users, will do any of the following in connection with your access or use of any API or development or use of any Application: (i) violate any Site Rule or other rule or policy pertaining to the Site, or any applicable law or regulation; (ii) copy, duplicate, modify, or create derivative works of an API, in whole or in part; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any source code component of any API; (iv) remove any proprietary notices from any materials available through any API; (v) make an API or Application available to a third party, except as permitted by a written agreement with Klinx; (vi) circumvent any limits on API access imposed by Klinx; (vii) scrape, build databases, or otherwise create permanent copies of any User Content, except as expressly permitted by the Documentation or Klinx; or (viii) modify, misrepresent, or otherwise manipulate data provided by any API.
When reporting Klinx data provided by any API, you agree to accurately represent such data. You agree that such data shall not include: (i) blended third-party fees, including fees from the entity calling the API; (ii) data from third parties such as other advertising providers; or (iii) sponsored data blended with organic data. If using an API to provide Klinx services to an Employer, you agree to provide accurate reporting to the Employer about the services obtained through the use of the API and the value that the services provided represent. You agree to report data to Employers in an accurate, organized and digestible manner that allows Employers to filter and sort categories of data such as clicks, apply starts, costs of Klinx services isolated from other service providers’ costs including your own, and other metrics.
You agree to provide and adhere to a Privacy Policy for your Application that accurately describes to End Users and/or Job Seekers what user information you collect and how you use and share such information with Klinx and other third parties. You further agree to protect all such information in accordance with applicable laws, and not to access or use such information (especially personal data) except as required to provide Klinx services to an Employer through your Application.
If you use or access any Klinx API or Documentation to provide Klinx services to an Employer, you acknowledge and agree that you will not access personal data (as defined by applicable Data Protection law) to provide Klinx services to an Employer. However, if you have received personal data from Klinx that is not required to provide Klinx services to an Employer, you shall notify Klinx and return or destroy such personal data (as instructed by Klinx). Should you and Klinx agree that you will process personal data in connection with providing Klinx services, your general responsibilities (regarding the nature and purpose of access, security controls and protocols, international transfer of data, etc.) will be set forth in a Data Processing Addendum.
Security Measures. The Site, APIs, and Applications may contain technological measures designed to prevent unauthorized or illegal use of the Klinx properties. You acknowledge and agree that: (i) Klinx may use these and other lawful measures to verify your compliance with the terms of this Agreement, the API Terms, and enforce Klinx’s rights, including all intellectual property rights, in and to the Klinx Applications and APIs; (ii) Klinx may deny anyone access to and/or use of the Site, APIs or Applications; and (iii) Klinx and its representatives may collect, maintain, process, and use diagnostic, technical, usage, and related information, including information about your computers, systems and software, that Klinx may gather in the course of providing the APIs, Klinx Applications or the Site. This information will be treated in accordance with the Klinx Terms of Service and Privacy Policy, as amended from time to time; and (iv) you shall employ no less than industry-standard best practices with regard to protecting access to Klinx APIs and Klinx Confidential Information, and shall maintain data security and disaster avoidance policies and procedures designed to safeguard Klinx APIs, data, and Klinx Confidential Information.
Security Standards. You shall maintain security practices that: (i) include adequate and appropriate administrative, physical and technical safeguards, including underlying operating system and network security controls, (ii) are designed to meet or exceed industry-standard best practices, and (iii) comply with Klinx’s information security policies to the extent disclosed in writing to you. Such security practices shall include without limitation: (i) continuous monitoring for security threats and security incidents; (ii) use of firewalls and real-time intrusion detection systems, encryption, and other secure technologies to collect, store and/or transmit Klinx data; (iii) application of physical security procedures, including security guards; (iv) regular monitoring of all areas in which Klinx data is stored or Klinx APIs or Applications accessed; (v) restriction on access to Klinx APIs and Applications, and copying of Klinx data on a “need-to-know” basis and only at authorized locations; (vi) performance of background checks on your personnel with access to Klinx APIs, Applications, or data; (vii) ensuring regular monitoring of password procedures used to gain access to Klinx APIs, Applications, or data; (viii) application of VPN and dual-factor authentication for your corporate systems; and (ix) having in place system(s) to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident.
Security Records and Audit. While using the APIs or Applications, and for one (1) year thereafter, you shall: (i) maintain complete and accurate records relating to your data protection practices and the security of and access to Klinx APIs, Applications, data and Confidential Information, including any backup, disaster recovery, or other policies, practices, or procedures and, (ii) upon Klinx’s request, make all such records, appropriate personnel and relevant materials available during normal business hours for inspection and audit by Klinx and/or its designee(s). Klinx shall give you at least fifteen (15) days prior notice of any audit, undertake audits no more than once per calendar year (or more frequently for a good cause shown), and conduct any audit in a manner designed to minimize disruption of your normal business operations. The foregoing limitations shall not apply to any audit in connection with the unauthorized disclosure of or access to Klinx APIs, Applications, data or Confidential Information.
Data Breaches. You must immediately report any suspected or actual security or data breach (as defined under applicable laws) involving Klinx APIs, Applications, data, or Confidential information. You shall promptly take all necessary corrective actions, and shall cooperate with Klinx in all reasonable and lawful efforts to prevent, mitigate, or rectify a data breach. You shall also provide Klinx reasonable access to the related reports and documentation needed to understand the cause of the security or data breach. Except as prohibited by applicable law, the content of any filings, communications, notices, press releases, or reports related to data breach related to Klinx must be prepared in cooperation with Klinx before any publication or communication thereof.
Harmful Code. You shall not transmit to Klinx or upload to or through the Integrations any Harmful Code, or use or misappropriate the Integrations for your own commercial gain or any other reason. Klinx reserves the right to use a variety of methods to detect, block, and screen the above anomalous activity and to prevent abuse such as spam or fraud. Such measures may result in a temporary or permanent suspension or termination of your access to the Klinx APIs, Applications, or your Integrations, or of your use of any other functions of the Klinx APIs, Applications, or your Integrations with or without notice. Klinx shall not be responsible or liable for any such suspension or termination, including any consequences thereof. Klinx reserves the right to delete any message from you with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason.
3. Access and API Key
You agree to only access an API by the means described in its Documentation. To call or otherwise access or use an API, Klinx requires that you follow its registration and implementation process, including providing information about your Application, and a current contact person with whom Klinx can communicate with about your Application or API access and use. Klinx requires that you use a password, key, or other security device to access an API (“API Key”). Instructions for obtaining an API Key are included in the applicable Documentation. You are responsible for all access to and use of the API under your API Key. You agree to maintain the confidentiality and security of your API Key, to not share it with any third party, and use it only in compliance with these API Terms. You will not misrepresent or mask either your identity or your Application’s identity. The decision to grant you API access or access to an API Key is entirely in Klinx’s sole discretion. Klinx may restrict or terminate your API access or API Key at any time.
4. Intellectual Property
You understand and acknowledge that Klinx or its affiliates, or its or their licensors, owns all right title and interest to the API, the Site, and Klinx Apps, and all proprietary rights associated therewith. Klinx reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the API, other than your User Content.
If you provide feedback or suggestions about our APIs, then we may use such information without obligation to you.
You acknowledge that User Content as defined in the Agreement may be available via the APIs, and that User Content is the sole responsibility of the person who provided it to Klinx.
5. Data Protection
- You acknowledge that you or Klinx may provide or otherwise make available to the other party personal data for the purposes of managing and providing the services under these API Terms and the Agreement and agree that:
- each party shall process all personal data transferred to it or collected or accessed by it for the purposes described in this Agreement in accordance with Applicable Data Protection Laws;
- to the extent that either party processes personal data as a controller in terms of Applicable Data Protection Laws, for the purposes of this Agreement, that party is an independent controller of such personal data;
- each party shall process all such personal data transferred to it or collected or accessed by it (i) for the purposes described in this Agreement; and (ii) as specified in that party’s publicly available privacy policy or notice (see Klinx’s Privacy Policy) or the privacy policy or notice of the Platform Partner; and/or (ii) as may otherwise be permitted under Applicable Data Protection Laws. In this respect, the Platform Partner shall adhere to the requirements of the Klinx Terms of Service; and
- to the extent that Klinx processes End User personal data, the parties acknowledge and agree that such processing will be performed in accordance with the Data Processing Addendum, as well as in accordance with Applicable Data Protection Laws.
- To the extent you process End User personal data, Klinx acknowledges and accepts that if you are processing on behalf of the End User, that you are a Processor in respect of the personal data that may be exchanged between the Parties through the APIs(s), and that the Controller is each of your End Users who request the interface between the Platforms. You will ensure there is an appropriate agreement in place which is compliant with Applicable Data Protection Laws (including, without limitation, the requirements of Article 28 of the GDPR) to allow your processing of End User personal data that is transferred by you to Klinx for the purposes of services under this Agreement.
- The parties acknowledge and agree that you will not independently access personal data (as defined by Applicable Data Protection Laws) as part of the services and the parties will use commercially reasonable efforts to monitor and restrict such access to personal data. However, if it is determined that you have received personal data (as defined by Applicable Data Protection Laws) from Klinx that is not required to perform the services, you will notify Klinx and return or destroy such personal data (as instructed by Klinx), and Klinx shall take steps to promptly rectify the situation to prevent recurrence. If it is agreed that you will process personal data (as defined in Applicable Data Protection Laws) in connection with the services, the general responsibilities of the Parties (with respect to the nature and purpose of such access, security controls and protocols, international transfer of data, etc.) will be set out in and governed by the Data Protection Addendum.
6. Disclaimer and Limitation of Liability
THE SITE, APIS, AND DOCUMENTATION ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. KLINX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, SERVICE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. KLINX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE APIS AND DOCUMENTATION, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH ANY API. KLINX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH ANY API. KLINX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DO NOT GUARANTEE THAT THE SITE, APIS, DOCUMENTATION, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH ANY API WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE.
YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE A KLINX API AT YOUR OWN DISCRETION AND RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH ACCESS OR USE.
YOU UNDERSTAND AND AGREE THAT YOU CREATE AN APPLICATION AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR OR ANY OTHER PERSON’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR APPLICATION.
EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 8 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (i) NEITHER PARTY WILL BE LIABLE UNDER THESE API TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (ii) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE API TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO KLINX BY YOU FOR THE KLINX SERVICE GIVING RISE TO THE CLAIM.
7. Billing and Payment
Unless you have a separate written agreement with Klinx, you shall be charged based on your and your End Users’ use of a Klinx App, the Site, or any API, in accordance with that Klinx App’s or Site’s Terms of Service and other payment information made available on the Klinx App, Site, or Documentation, and based on Klinx’s measurements of usage. It is your and your End Users’ responsibility to regularly review any Klinx App, the Site, or Documentation to obtain the most up-to-date information regarding payment and how Klinx charges you or your End Users for your use or your End Users’ use of Klinx’s products and services, including any API.
Invoices may be provided to you via email. Your payment must be in accordance with the Payment section in the Terms for All Users section of the Agreement. You waive all claims relating to charges unless claimed within 120 days after the charge (this does not affect your credit card issuer rights). You are responsible for paying all expenses and attorney fees Klinx incurs collecting late amounts. Refunds (if any) are in accordance with the Refunds section in the Terms for All Users section of the Agreement. If your API access is disabled or terminated, but you or your End User(s) have previously spent on the Site, neither you nor your End User(s) are not entitled to a refund of previously spent amounts.
Charges are exclusive of all taxes, including VAT. You are responsible for all taxes and government charges as applicable and appropriate. All withholding tax remittances to the government are your sole responsibility, and Klinx shall have no liability whatsoever therefor. (If you are in Japan, Japanese consumption tax will apply on the import of all Klinx services).
Your credit card, bank account, and related billing and payment information may be shared by Klinx with companies who work on Klinx’s behalf, such as payment processors or credit agencies, for the purposes of checking credit, effecting payment to Klinx, and servicing your account. Klinx may also provide information in response to valid legal process, such as subpoenas, search warrants, and court orders, or to establish or exercise its legal rights or defend against legal claims. Klinx shall not be liable for any such use or disclosure of such information.
8. Cancellation
Unless otherwise stated in an agreement with Klinx, you may cancel this Agreement at any time by ceasing your use of the APIs and deleting your Application. Klinx may discontinue any API or any portion or feature or your access thereto for any reason, and at any time, without liability or other obligation to you. Klinx may immediately cancel any API or these API Terms at any time upon notice. Klinx may modify these API Terms at any time without liability, and your use of an API or Application after notice that these API Terms have changed indicates acceptance of the updated API Terms.
Upon cancellation of this Agreement: (i) your license to access or use any Klinx API immediately expires, and (ii) you shall delete your Application and all User Content acquired through the Site or API. You agree that Klinx may notify any End User to provide notice of the cancellation of this Agreement or of your right to use an API. Sections 1, 2, 3, 4, 5, 6, 7, and 9 will survive these API Terms.
9. Indemnification
You shall indemnify, defend, and hold harmless Klinx, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of your or End Users’ API use, User Content, your Application, or breach of these API Terms.
Klinx Hiring Platform Terms
These Klinx Hiring Platform terms (“KHP Terms”) form part of, and are incorporated into the Klinx Terms of Service, and apply to any Employer or Job Seeker who accesses or uses the Klinx Hiring Platform or related services, or who otherwise indicates its acceptance of these IHP Terms. By accessing or using the Klinx Hiring Platform or related services or otherwise accepting these IHP Terms, you agree to these IHP Terms and to the Klinx Terms of Service (the “Agreement”), including the terms associated with any Klinx service you are using as part of the Klinx Hiring Platform.
Any capitalized terms that are used but not defined in these IHP Terms have the meaning set forth in the Agreement.
1. The Program
The Klinx Hiring Platform is designed to automate and streamline your hiring and employment decision-making processes by allowing users access to various products such as Klinx Interview or related services (the “Program(s)”). You understand that use of the Program and related products is at your sole discretion, and such tools are applied to your hiring process and job openings in the method and manner that you decide. YOU UNDERSTAND AND AGREE THAT YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING YOUR EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT YOU MUST INDEMNIFY KLINX AGAINST ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE KLINX HIRING PLATFORM OR SIMILAR PRODUCTS. KLINX DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT YOUR USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW. Klinx makes no representation that Klinx or its affiliates are an employment agency by offering the Program and related tools. You understand that Klinx is not procuring employees for you or opportunities for Job Seekers.
By using the Program and accepting these KHP Terms, you acknowledge and agree that you are asking Klinx to do the following: (i) post, on your behalf, Job Listings or Job Ads, as applicable, provided by you on the Site, and manage such ads or ad campaigns, using information such as the number of RSVPs or Started RSVPs; (ii) include an RSVP function on the Site for a hiring event, interview session, or interview post (“Event”) corresponding with each of your Job Ads or Listings; (iii) receive from Job Seekers RSVPs to your Event(s); (iv) add any screening tools you choose, including, but not limited to, screening questions and evaluation methods; (v) send to you and/or other persons you identify information provided by a Job Seeker who RSVPs to your Event(s); and (vi) communicate (via email or text message) information related to your Event(s) to Job Seekers who have RSVPed to your Event(s). If you request that Klinx send you and other persons you identify information provided by a Job Seeker who RSVPs to the Event(s), you certify and warrant that such person is part of your organization or is otherwise authorized to receive such information.
With regards to any Job Ad posted on the Site via the Program, including any Job Ad of your Event posted in Klinx’s discretion, you agree that such Job Ad shall be subject to the Klinx Ads Program terms, and the Klinx Ads Program terms are incorporated herein. Likewise, your use of any tools offered by Klinx is subject to the applicable Terms of Service. For example, using Resumé Search or Searchlight is subject to the Klinx Resumé Search/Searchlight Program Terms.
You further agree that you are solely responsible for everything regarding your Event(s), whether participating or hosting, including but not limited to the content of the Job Listing or Job Ad, screening or screener questions, the handling and safeguarding of Job Seeker information provided to you and/or other persons you identify as authorized to receive information regarding an Event or a Job Seeker, and the Event location, your attendees at the Event, or any literature, signage, or other documentation at the event. You are responsible for accommodating Job Seeker requests or needs during the interview or application process during the Event. You represent and warrant that any data you collect from attendees and share with Klinx is collected in accordance with local privacy rules. Moreover, you grant to Klinx, its affiliates, and its sublicensees the license to use your name, username, and/or trademarks and logos in connection with any User Content or Klinx marketing materials, or actions by Klinx to promote or publicize such User Content (e.g. Job Listings), including the use of keywords in third-party internet search engines. You agree that Klinx may promote your Job Listing or Job Ad through any method in Klinx’s sole discretion, including but not limited to targeted advertising on third-party websites, including but not limited to apps, or using keywords in third-party internet search engines. You further acknowledge and agree that Klinx is not responsible for reviewing qualifications, verifying identification, or otherwise screening Job Seekers during each Event, and that you are solely responsible for so doing.
When Job Seekers apply or RSVP to your job listing, Klinx may give them the opportunity to provide certain demographic information, such as race and ethnicity, gender, age, LGBTQIA+ status, and disability status as well as whether they have an arrest or conviction record (“demographic data”). This Klinx demographic data survey is separate from any voluntary self-identification questions provided by Employers. By using the Program, you agree that Klinx may collect demographic data from Job Seekers applying to your job listing using Klinx’s demographics survey, and that Klinx may use the information from that survey to evaluate and improve our products. You further agree that you as an Employer have no ability, right, or entitlement to view or access demographic data collected via the Klinx demographic data survey pertaining to any Job Seeker or related to any employer by any means including civil discovery, subpoena, or any other legal process without their permission. You agree you are solely responsible for complying with all applicable nondiscrimination laws. Klinx disclaims any warranty regarding the demographic composition of Job Seekers applying to any particular job.
Klinx may offer you the option to manage virtual and remote communications within Klinx products, including Klinx Interview, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). Services may include giving you access to scheduling, video conferencing, web conferencing, meeting rooms, and other collaborative services offered by third-party telecommunications service providers. You understand and acknowledge that Klinx is not a telecommunications service provider. Klinx disclaims all warranties regarding the transmission of Virtual Interviews including phone or video communications. Klinx does not guarantee (i) the availability of such services at the time you attempt to initiate them, (ii) the quality of such services, or (iii) the dates or times you’ve arranged for your Virtual Interview.
2. Cancellation
Unless otherwise stated in an insertion order or other agreement to advertise with Klinx, you may independently cancel any Job Listing or Job Ad (and corresponding Event) at any time (such cancellation is generally effective within 24 hours). However, if you cancel an Event, Klinx will still bill you in accordance with any pricing listed in a separate agreement or otherwise agreed upon by you and Klinx, for RSVPs, clicks, applies, or impressions accrued while the Job Ad for that Event was on the Site, and any platform fee, if applicable. Klinx may reach out to Job Seekers to communicate your Event cancellation. Klinx may immediately cancel the Program, any part thereof, or these KHP Terms at any time, upon notice. Klinx may modify the Program or these KHP Terms at any time without liability, and your use of the Program after notice that these KHP Terms have changed indicates acceptance of the updated KHP Terms. Sections 1, 3, 4, 5, and 6 will survive any expiration or termination of these KHP Terms.
3. Prohibited Uses
You shall not, and shall not authorize or assist, any party to advertise anything illegal or engage in any illegal or fraudulent activities or business practices in any state or country where your Job Listing or Job Ad is displayed. You represent and warrant that all your information, and any and all information you provide to Klinx, is correct and current; you hold and grant Klinx and partners all rights to copy, distribute, and display Job Listings or Job Ads (“Use”); and such Use and websites linked from your Jobs Listings or Jobs Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these KHP Terms or your account without notice, and may subject you to legal penalties and consequences. Klinx or its partners may reject or remove any Job Listing, Job Ad, or content therein, and Klinx may disable any Employer’s account, for any or no reason, without notice.
4. Disclaimer and Limitation of Liability
KLINX’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, KLINX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE THE SITE AND THE PROGRAM AT YOUR OWN RISK. KLINX DOES NOT GUARANTEE THAT THE SITE OR PROGRAM WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. Klinx and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: costs per RSVP, click, apply, or impression, (ii) RSVP rates, click through rates, apply rates, or impression rates (including any estimate of rates provided in an insertion order), (iii) delivery of any impressions in any particular time, place, or manner, (iv) RSVPs, clicks, applies or impressions, (v) interest in your Job Ad, (vi) attendance at your Event(s), and (vii) the quality of attendees at your Event(s). AN RSVP TO YOUR EVENT(S) DOES NOT GUARANTEE INTEREST IN YOUR JOB AD. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IHP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IHP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO KLINX BY YOU, IF ANY, FOR THE JOB ADS OR JOB LISTINGS GIVING RISE TO THE CLAIM.
5. Payment
You shall be charged in accordance with the pricing listed in a separate agreement or insertion order between you and Klinx, and based on clicks, RSVPs, applies or impressions (distributed within your budget in Klinx’s sole discretion) and platform fee, if applicable. Klinx may offer a subscription payment option wherein you will be charged as indicated in an insertion order. RSVPs are defined as a user completing the online RSVP form agreeing to attend your Event featured in any Job Ad. However, an RSVP does not guarantee that a Job Seeker will attend such Event. If your Klinx employer account has a credit card, bank account information, or other payment method on file for the Klinx Ads Program or any other Klinx service, we will charge that same payment method for your Klinx Hiring Platform RSVPs, if applicable.
If you are located in the United States, you may only pay all applicable charges in U.S. dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, Mexican Pesos, or Japanese Yen. Charges are exclusive of all taxes, including VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying all taxes and government charges, and reasonable expenses and attorney fees Klinx incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Klinx products and services. You waive all claims relating to charges unless claimed within 120 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Klinx’s click, RSVP, apply, and impression measurements. Klinx’s determination of number of clicks, RSVPs, applies, or impressions shall be binding.
You acknowledge and agree that any credit card, bank account, and related billing and payment information that you provide to Klinx may be shared by Klinx with companies who work on Klinx’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Klinx, and servicing your account. Klinx may also provide information in response to valid legal process, such as subpoenas, search warrants, and court orders, or to establish or exercise its legal rights, or defend against legal claims. Klinx shall not be liable for any use or disclosure of such information by such third parties.
All withholding tax remittances to the government are your sole responsibility and Klinx shall have no liability whatsoever therefore. Invoices may be provided to you via email. To the extent permitted by law, if you have an unpaid or outstanding invoice, or account balance for any Klinx product, Klinx reserves the right to suspend or terminate your use of that Klinx product as well as any other Klinx product, including but not limited to those Klinx products where you do not have an unpaid invoice or account balance.
6. Indemnification
You shall indemnify, defend, and hold harmless Klinx, its agents, affiliates, licensors, and partners from any third-party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Job Listing, Job Ad, screening or screener questions, Event, Site or Your Services, or breach of these KHP Terms.
KlinxOS Terms
These KlinxOS terms (“KOS Terms”) form a part of, and are incorporated into, the Klinx Terms of Service, and apply to any Employer who accesses or uses the KOS Service (defined below), or who otherwise indicates its acceptance of these KOS Terms. By accessing or using the KlinxOS Service or by otherwise accepting these KOS Terms, you agree to these KOS Terms and to the Klinx Terms of Service (the “Agreement”), including the Terms of Service for Employers and the Klinx Products Terms of Service associated with any other Klinx service or products you are accessing or using through the KlinxOS Service.
Any capitalized terms that are used but not defined in these KOS Terms have the meaning set forth in the Agreement.
1. The KlinxOS Service
Use of KlinxOS service, whether provided in the form of a website, app, or browser extension (collectively the “KlinxOS Service”) by an Employer is subject to all applicable Klinx rules, guidelines, policies, and other terms and conditions made available to you, including through the Site and on any FAQ and information page(s) provided by Klinx, any or all of which may be modified at any time. The KlinxOS Service may be available on a limited basis, in limited quantities, and in limited locations.
The KlinxOS permits Employers to access certain Site features, products, and services from an Employer’s Applicant Tracking System (“ATS”). Such features include viewing Klinx hiring insights about the job that you are creating through your ATS and using Klinx Messaging to message job seekers directly from your browser. To provide its services, the KlinxOS Service interacts with certain web pages (like pages within your Employer’s ATS) that an Employer visits. You control which pages the KlinxOS Service can interact with and access. If you do not want the KlinxOS Service to interact with or access certain web pages, do not permit the KlinxOS Service access to those web pages. It is your sole responsibility to permit or deny the KlinxOS Service access to web pages that you visit. You agree that when you use the KlinxOS Service, Klinx collects, records, processes, analyzes, and stores any and all communications and interactions that you have with and through the KlinxOS Service, and that Klinx may use vendors as an extension of the Site and the KlinxOS Service to collect, record, process, analyze, and store this data. If you, or anyone on your behalf, send or receive communication via the KlinxOS Service (including by sending or receiving communication to/from a job seeker), you agree to the communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other Klinx policies, content moderation, and to improve the KlinxOS Service, the Site, or any other Klinx product or service.
The KlinxOS Service may be provided in the form of a Chrome extension or some similar means. By installing the extension, you agree to Klinx’s collection of data relating to your visit to third-party sites, as described in Klinx’s Privacy Policy. Such data may include candidate information that you save, notes that you save or update, or data regarding how you engage with websites or other actions you take on such websites, including URLs of websites you visit.
2. Privacy
Your use of the KlinxOS Service is subject to Klinx’s Privacy Policy. You further acknowledge and agree that you are solely responsible for any access to information stored in your account that you give to third parties via KlinxOS Integrations, and for ensuring all such access complies with applicable state, national, and supranational (if applicable) laws and regulations.
3. Fees
Klinx may charge Employers to use KlinxOS as a standalone product or in conjunction with an Employer’s use of any other Klinx product.
4. Rules; Employer Representations and Warranties
Your use of the KlinxOS Service is subject to the Agreement, including without limitation the Klinx Site Rules. You represent and warrant to Klinx that: (i) that all information you provide to Klinx is correct and current; (ii) you will only use the KlinxOS Service in accordance with all applicable laws, rules, and regulations; and (iii) your use of the KlinxOS Service will not violate the rights of any person, including, without limitation, any privacy rights or any rights under the Fair Credit Reporting Act.
5. Disclaimer and Limitation of Liability
KLINX’S PROVISION OF THE KlinxOS SERVICE AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE KlinxOS SERVICE AND YOUR USE THEREOF, KLINX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY INFORMATION THAT YOU VIEW, COLLECT, OR STORE IS ACCURATE. KLINX AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, TITLE, SERVICE QUALITY, MERCHANTABILITY, AND FITNESS FOR ANY PURPOSE. YOU USE THE KlinxOS SERVICE AND THE SITE AT YOUR OWN RISK. KLINX DOES NOT GUARANTEE THAT THE SITE OR THE KlinxOS SERVICE WILL ALWAYS BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE.
EXCEPT FOR ANY BREACH BY YOU OF SECTION 6 HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY LAW: (i) NEITHER PARTY WILL BE LIABLE UNDER THESE KlinxOS TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (ii) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE KlinxOS TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO KLINX BY YOU FOR THE KLINX SERVICE GIVING RISE TO THE CLAIM.
6. Indemnification
You shall indemnify, defend, and hold harmless Klinx, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of your breach of these Terms, your installation or use of the KlinxOS Service, or any information you view, collect, or store through the KlinxOS Service.
7. Termination
Klinx may suspend the KlinxOS Service, the Site, your account, or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying Klinx at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Text/Scan to Apply License Terms
Last Updated: January 5, 2024
By accessing or downloading Klinx or any Klinx product, you, on behalf of your company, agree to be bound by these Text/Scan to Apply License Terms (“Agreement”). This Agreement governs your use and creation of Assets (as defined below) from or based on the Toolkit or that use or depict the Klinx marks (collectively, the “Toolkit”) and shall be in addition to and supplement any existing agreement that You may have with Klinx, Inc., or its affiliate(s) (“Klinx”). In the event of a conflict between this Agreement and any existing agreement you have with Klinx, the terms of this Agreement shall govern.
Klinx has made the Toolkit available for your convenience to enable you to promote Your relationship with Klinx and use of its Scan to Apply and/or Text to Apply products (“Approved Endeavors”). Klinx may modify, update, remove, restrict, or discontinue: (i) this Agreement; (ii) downloadable content, including the Klinx Marks, contained within the Toolkit (“Assets”); or (iii) Your access for any reason, at Klinx’s sole discretion.
Klinx hereby grants you permission to use the Assets in connection with the Approved Endeavors, subject to the terms and conditions set forth herein. This permission to use is personal, non-exclusive, non-assignable, non-transferable, royalty-free, and revocable.
You acknowledge Klinx’s right, title, ownership of, and interest in and to the Toolkit and Assets, and shall not at any time do or cause to be done, or fail to do or cause to be done, any act or thing, directly or indirectly, contesting or in any way impairing or challenging Klinx’s right, title, or interest. You acknowledge that your use shall not create in you any right, title, or interest in such Assets or the Toolkit (other than to use such Assets as permitted herein), and that every use by you, and any and all goodwill arising therefrom, shall inure solely to the benefit of Klinx. You further acknowledge and agree that in using the Assets or Toolkit, you shall not purport to act or communicate for or on behalf of Klinx or any of its affiliates.
Your use of the Assets shall be restricted to their appearance and presentation on the Toolkit or as otherwise provided to you by Klinx, and your use shall not deviate from such presentation and use in any manner whatsoever without Klinx’s prior, written approval. You may incorporate the Assets into new works (i.e. fit-for-purpose signage/flyers/mailers/stickers, etc.), provided such usage is limited to the Approved Endeavors. Further, you acknowledge that your use of the Assets will comply with any marketing guidelines provided to you by Klinx; be consistent with the high-quality standards associated with the Klinx marks and the goodwill they symbolize; and that the maintenance of such quality standards is an essential part of this Agreement.
You, at your own expense, shall indemnify, defend, and hold harmless Klinx, its partners, employees, agents, affiliates, designees, and assignees from and against any and all suits, causes of action, proceedings, loss, damage, liability or expense, including defense costs and legal fees, and claims of any nature whatsoever arising out of or in connection with any act or omission by you, as well as your partners, employees, agents, affiliates, designees and assignees, relating to your performance or representations made pursuant to this Agreement. You, at your own expense, shall defend any suit or dispose of any claim or other proceeding brought against said indemnitees on account of such damage or injury, and shall pay all expenses, including attorney fees, and satisfy all judgments which may be incurred by or rendered against said indemnitees.
The term of the permission to use granted herein shall continue until the earlier of (i) one (1) year from the date of download, or (ii) election by Klinx to terminate this Agreement, which it may so choose to do in its sole and absolute discretion, for any reason whatsoever, with or without cause.
Upon termination of this Agreement, all rights granted to You herein shall cease, and You shall immediately discontinue all use of the Assets and Toolkit.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement may be updated from time to time by Klinx with notice to You.
This Agreement shall be governed by the laws of the state of Delaware, U.S.A., and all actions relating to this Agreement shall be brought in New Castle County, Delaware.
Klinx Affiliate Acceptable Use Policy
Last Updated: January 5, 2025
1. General
This Klinx Affiliate Acceptable Use Policy (“AAUP”) is applicable to affiliates (‘Affiliates’) of Klinx, Inc. (‘Klinx’) who publish on their websites, or provide links from their websites to web pages that contain, any of the following elements provided by Klinx (collectively, ‘Program Elements’): job search results, JobrollTM, Job Search Box, pay-per-click advertisements, links, insertion code, and any Klinx logos or other elements supplied by Klinx for use on Affiliates’ websites or websites co-branded by Klinx and Affiliate. Affiliates include the party publishing the results and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this AAUP. As a publisher, you are responsible for compliance with all local and/or applicable laws, including any data privacy, marketing, or advertising laws. Klinx reserves the right, in its sole discretion, to determine whether to compensate any publisher for clicks that occur on their page; Klinx does not compensate for any clicks obtained by any other means, including but not limited to text messages. Unless otherwise agreed by Klinx in writing, Affiliates and Publishers agree that it shall not receive any monetary compensation, including commission payments and payments for clicks.
2. Restricted Websites
Program Elements may not be published on, or linked by Affiliates from, any website that: (i) is under construction, incomplete or non-functioning; (ii) contains material that infringes or misappropriates the rights, including copyright, of others; (iii) contains pornographic, obscene, defamatory, violent, or hate-oriented material; (iv) promotes spam; (v) is in violation of any applicable law, or promotes any illegal goods, services or activities; (vi) is in violation of the Site Rules; or (vii) engages in any other activities, whether lawful or unlawful, that Klinx determines are harmful to Klinx’s reputation, goodwill, other affiliates, customers or operations.
3. Location and Delivery of Program Elements
Affiliate shall not serve: (i) more than one Program Element on any single Web page without prior authorization in writing from Klinx; (ii) any Program Element on a Web page that does not contain substantial content other than the Jobroll itself; or (iii) any Program Element on a page published specifically for the purpose of showing ads, irrespective of the page content. Affiliate shall not serve Program Elements on, or link to web pages that contain Program Elements from, any: (i) downloadable software application without the written consent of Klinx; (ii) software that can trigger pop-ups, redirect users to unwanted websites, modify browser settings, or otherwise interfere with site navigation; (iii) Website that is not directly controlled by Affiliate; or (iv) newsgroups, message boards, emails, link farms, counters, chatrooms, guestbooks, domain parking websites, pop-ups, or pop-unders. Any use of Klinx’s XML Application Programming Interface (‘API’) by Affiliate shall be solely in accordance with the guidelines stipulated by Klinx for use of the API, which may include informational requirements, or restrictions on sizes of requests, frequency, and query complexity.
4. Prohibited Activities
Affiliate shall not: (i) modify the Program Elements without written consent from Klinx; (ii) place notices in proximity to any Program Element to encourage or require users to click on or use the services (Affiliates may, however, state: ‘click here to visit our sponsor’ or ‘to visit our advertiser, click here’); (iii) label Program Elements with text other than ‘powered by Klinx’ or ‘ads by Klinx,’ or include any text in proximity to the Program Elements that could be confused with, or be associated with, Program Elements; (iv) use deceptive or unnatural means to draw attention to or incite clicks or use of Program Elements; (v) require users to click on a Program Element prior to entering an Affiliate website or any area therein, or provide incentives of any nature to encourage or require users to click on or otherwise use Program Elements; (vi) engage in any method to artificially and/or fraudulently inflate the volume of impressions or clicks associated with Program Elements or other sponsored advertising, including but not limited to: repeated manual clicks; the use of robots or other automated query tools and/or computer-generated search requests; automatic redirecting of users; or using pop-up windows or any other technique of generating automatic or fraudulent (as determined by Klinx, acting reasonably, based on industry practices) click-throughs and/or impressions; (vii) use frames, or otherwise alter the user experience, when a user clicks through to another website from the Klinx job search results; (viii) redistribute the job search results or any part thereof to any third party, other than the provision of the job search results on Affiliate’s website to the end users of that website that generated it; (ix) store any job search content; (x) send any text messages on Klinx’s behalf; or (xi) market or advertise Klinx’s jobs in violation of any local or applicable laws, including but not limited to email, spam, or text messaging laws.
5. Passwords, API Keys, and Other Security Devices
If Klinx provides an Affiliate with a password, API key, or other security device to obtain access to Program Elements or any non-public area of Klinx’s website or system, that Affiliate shall maintain the confidentiality of that password, API key, or other security device, not share it or access to any such non-public areas with any third party, or use it for any unauthorized purpose.
6. Job Search Content
Klinx reserves the right, in its sole discretion, to determine whether to exclude certain Job Ads.
7. Delivery of Program Elements
Affiliate agrees to comply with the specifications provided by Klinx from time to time to enable proper delivery, display, tracking, and reporting of Program Elements.
8. Cooperation with Klinx and Authorities
Klinx will cooperate with law enforcement and other authorities in investigating claims of illegal activity or suspected illegal activity, such as activities that fraudulently inflate the volume of impressions or clicks. Affiliates shall cooperate with Klinx in any corrective action that Klinx deems necessary to correct and prevent impermissible use of the Program Elements, such as providing Klinx with all information necessary to investigate the suspected violation.
9. Modifications to this Policy
Klinx may modify this AAUP at any time, without liability, as it deems appropriate in its sole discretion. Your use of Program Elements, after notice that this AAUP has changed, indicates acceptance of the updated AAUP.
Your U.S. Privacy Rights
We’ve updated our Privacy Policy and U.S. Privacy Rights page to include more information regarding U.S. privacy laws, the Texas Data Privacy Security Act (TDPSA), California Consumer Privacy Act (CCPA), Colorado Privacy Act, Connecticut Data Privacy Act, Montana Consumer Data Privacy Act, Oregon Consumer Privacy Act, Utah Consumer Privacy Act, and the Virginia Consumer Data Protection Act. Please visit Klinx’s Privacy Policy to learn more about Klinx’s use of your personal data for residents of the U.S.A.
Data Processing Agreement
Controller to Processor Data Processing Addendum
This Data Processing Addendum (“Addendum”) between you and the Klinx entity acting as Processor under Applicable Data Protection Law, is incorporated into our Terms of Service, and solely applies to limited situations where Klinx acts as a Processor of Client Personal Data on your behalf (as Controller).
You (or “Client”) and Klinx are referred to collectively as the “Parties,” and individually each as a “Party.”
- Definitions
Words and expressions used in this Addendum but not defined herein shall have the meanings given to such words and expressions in the EU GDPR unless otherwise stated herein. Where the applicable data protection laws gives meanings to such words and expressions that differ from the GDPR, then those meanings in the Applicable data protection laws shall apply instead for purposes of compliance with such Applicable Data Protection Law. The following definitions apply to this Addendum unless otherwise specified herein.
Affiliate means any entity that directly or indirectly controls, is controlled by, or is under common control with Klinx. “Control” for these purposes means having a majority of shares or the right and ability to direct management. This includes Klinx-affiliated entities located outside the EEA or Switzerland.
Applicable Data Protection Law means all laws, regulations, and other legal requirements relating to (i) privacy, data security, consumer protection, marketing, promotion, text messaging, email, and other communications; (ii) the use, collection, retention, storage, security, disclosure, transfer, disposal, and other processing of Personal Data applicable to the processing of Client Personal Data under the Agreement including but not limited to General Data Protection Regulation 2016/679 (“GDPR”), Federal Data Protection Act of 19 June 1992 (Switzerland), UK Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR), Japanese Act on the Protection of Personal Information (Act No. 57 of 2003 as amended in 2015), and any U.S. state or federal laws or regulations pertaining to the collection, use, disclosure, security, or protection of personal data, or to security breach notification, e.g. the California Consumer Privacy Act, as amended by the California Privacy Rights Act (together the “CCPA”); and binding guidance and/or codes of practice issued by a competent supervisory authority under applicable laws (as defined in the GDPR), or the European Data Protection Board.
Business Contact Information means the names, mailing addresses, email addresses, and phone numbers regarding the other Party’s employees, directors, vendors, agents, and customers, maintained by a Party for business purposes as further described below.
Client Personal Data means Client-owned or controlled personal data, where Klinx acts as the Processor or Service Provider of such Data. Unless prohibited by Applicable Data Protection Law, Client Personal Data shall not include information or data that is anonymized, aggregated, de-identified and/or compiled on a generic basis, and which does not name or identify a specific person.
“Controller,“ “Consent,“ “Processor,“ “Sub-Processor,“ “Data Subject,“ “Personal Data,” “Processing,” or similar terms shall have the meaning given under Applicable Data Protection Law. For the avoidance of doubt, Processor includes without limitation, a “Business” as defined by the CCPA, “Service Provider” as defined by the CCPA, and “business operator handling personal information” as defined by the APPI. For the purposes of this Addendum, Processor shall mean Klinx.
“EU-U.S. Data Privacy Framework (EU-U.S. DPF)” means the EU-U.S. Data Privacy Framework Principles, including the Supplemental Principles and Annex I of the Principles, issued by the US Department of Commerce, effective July 10, 2023.
“Self-certified and Participating Organization” shall have the same meaning as prescribed under the EU-U.S. DPF.
Klinx means the Klinx entity contracting with you in the context of the Agreement together with all relevant Affiliates.
Personal Data Breach means a confirmed breach of security of Client Personal Data that results in the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to such Client Personal Data processed by Klinx under the terms of the Agreement (and for the provision of the Services) and where such breach of security of Client Personal Data constitutes a personal data breach under Applicable Data Protection Law.
Standard Contractual Clauses means: (i) where the GDPR applies the contractual clauses annexed to the European Commission’s Implementing Decision 2021/914 of June 4, 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council (the “EU SCCs”); (ii) where the UK GDPR applies, the applicable standard data protection clauses adopted pursuant to Article 46(2)(c) or (d) of the UK GDPR (the “UK SCCs”); and (iii) where the Swiss DPA applies, the applicable standard data protection clauses issued, approved, or otherwise recognized by the Swiss Federal Data Protection and Information Commissioner (“FDPIC”) (the “Swiss SCCs“).
Technical and Organizational Security Measures means those measures as set forth in Appendix B of this Addendum, aimed at protecting Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
UK GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation) as it forms part of the law of England and Wales, Scotland and Northern Ireland, by virtue of Section 3 of the European Union (Withdrawal) Act 2018, and as amended by subsequent legislation.
UK SCCs Addendum means the standard contractual clauses addendum issued by the UK Secretary of State for the transfer of Personal Data outside the UK and any amendment or replacement of such standard contractual clauses pursuant to Article 46(5) of the GDPR.
For purposes of this Addendum all references to “you,” “your,” or “Client” shall mean you, the individual, or organization accessing the Klinx Site in your capacity as an Employer and the Controller and owner of your Personal Data (as defined above).
- Representations and Warranties
2.1 Each Party represents and warrants that it will comply with the requirements of Applicable Data Protection Law as applicable to such Party with respect to the processing of the Client Personal Data.
2.2 Each Party warrants and represents it has no reason to believe that the Data Protection Law prevents it from providing or receiving any services under the Agreement; and
2.3 Each Party warrants and represents it has the corporate power and capacity to perform its obligations under this Addendum.
2.4 You represent and warrant to Klinx that:
2.4.1 You shall comply with and provide all of your obligations under this Addendum in accordance with best industry practice;
2.4.2 You have no reason to believe that Applicable Data Protection Law prevents You from entering into this Addendum or fulfilling any of your obligations under this Agreement;
2.4.3 You have all necessary authorizations to enable or entitle you to enter into this Addendum, including but not limited to instructions, notices, licenses, and consents, and that these have been obtained and are in full force and effect and will remain in such force and effect at all times during the subsistence of this Addendum;
2.4.4 You shall only provide processing instructions that are lawful, and you shall have sole responsibility for the accuracy, quality, and legality of Client Personal Data and the means by which it was acquired;
2.4.5 Neither the execution and delivery of this Addendum nor your performance of any of your obligations hereunder violates any (i) law to which you are subject; (ii) judgment or order by which you are bound; (iii) constitution or other equivalent constituting documents; or (iv) other agreement or instrument which is binding on you or your assets; and
2.5 Prior to transmitting Client Personal Data to Klinx, you shall inform Klinx of any requirements pertaining to the transmitted Client Personal Data.
2.6 Klinx represents and warrants to you that:
2.6.1 It will process the Client Personal Data (as set out in Appendix A) only in accordance with your documented processing instructions which may be given from time to time (including as set forth in the Agreement and this Addendum), except as otherwise required by law. The Parties agree that the Agreement and this Addendum, along with the Client’s configuration of or any use of any settings, features, or options in the services (as the Client may be able to modify from time to time) constitute the Client’s complete and final instructions to Klinx in relation to the processing of Client Personal Data (including for the purposes of the SCCs), and processing outside the scope of these instructions (if any) shall require prior written agreement between the Parties. For the avoidance of doubt, the Client acknowledges and agrees that the documented instructions include the processing of Client Personal Data for the purposes of providing, supporting, and improving Klinx services (including to provide insights and other reporting).
2.6.2 It will promptly notify You if Klinx determines that your processing instruction violates any Applicable Data Protection Law (provided that nothing herein shall require Klinx to provide legal or regulatory advice or monitor Applicable Data Protection Law as they apply to You).
- Disclosure and Processing of Client Personal Data
3.1 When providing or making available Client Personal Data to Klinx, you shall only disclose or transmit Client Personal Data that is necessary for Klinx to perform the applicable services under the Agreement.
3.2 Following expiration or termination of the provision of services under the Agreement and relating to the processing of Client Personal Data, Klinx shall promptly and securely delete all Client Personal Data (including existing copies) pursuant to its data retention schedule and as required by applicable laws. Notwithstanding the data retention schedule, upon your written request following the termination of services, Klinx shall destroy all Client Personal Data in our possession, unless otherwise required or permitted by applicable laws.
3.3 All Klinx personnel, including subcontractors, authorized to process the Client Personal Data shall be subject to confidentiality obligations and/or subject to an appropriate statutory obligation of confidentiality.
3.4 You expressly acknowledge and agree that, in the course of providing the services, Klinx may anonymize, aggregate, and/or otherwise de-identify Client Personal Data (“De-Identified Data”) and subsequently use and/or disclose such De-Identified Data for the purpose of research, benchmarking, improving Klinx’s offerings generally, or for another business purpose authorized by Applicable Data Protection Law, provided that Klinx has implemented technical safeguards and business processes designed to prevent the re-identification or inadvertent release of the De-Identified Data.
- Security Measures
4.1 Each Party shall implement appropriate technical and organizational security measures to safeguard Client Personal Data from unauthorized or unlawful processing, destruction, loss, alteration, damage, or disclosure. The Parties agree:
4.1.1 Taking into account the ongoing state of technological development, the costs of implementation and the nature, scope, context, and purposes of the processing of the Client Personal Data, as well as the likelihood and severity of risk to individuals, that Klinx’s implementation of and compliance with the security measures set out in Appendix B (“Technical and Organizational Security Measures”) are sufficient to provide a level of security appropriate to the risk in respect of the processing of the Client Personal Data; and
4.1.2 The Technical and Organizational Security Measures implemented pursuant to this clause 4 and Appendix B are subject to technical progress and development and that Klinx regularly reviews and may update or modify them from time to time in order to ensure that the processing of Client Personal Data is performed in accordance with this Addendum and Applicable Data Protection Law.
4.2 Personal Data Breach
If Klinx becomes aware of an actual or suspected Personal Data Breach, of Client Personal Data, Klinx will notify you without undue delay. Klinx will provide you with such information, assistance, cooperation, and taking into account the nature of the services provided and the information available to Klinx, take reasonable commercial steps to: (i) investigate and mitigate the Personal Data Breach and (ii) assist with respect to your breach notification obligations under any Applicable Data Protection Law. The Parties agree to coordinate in good faith on developing the content of any related public statements and any required notices to the affected data subjects and/or the appropriate regulator in connection with a Personal Data Breach, provided that nothing in this clause shall prevent either Party from complying with its obligations under Applicable Data Protection Law.
- Audits and Inspections
Upon written request, Klinx shall make available to you, no more than once annually and strictly at your own cost, information reasonably necessary to demonstrate Klinx’s compliance with its obligations under this Addendum and Applicable Data Protection Laws. You shall be solely responsible for determining whether the Services and Klinx’s Security Measures as set forth in Appendix B will meet your needs, including with respect to any Applicable Data Protection Laws.
- Data Subject and Supervisory Authority Requests
To the extent required under Applicable Data Protection Laws and taking into account the nature of the services provided, Klinx shall:
6.1 Provide such assistance to you as is reasonably requested with respect to your obligations to comply with requests from your data subjects to exercise their rights under Applicable Data Protection Laws. Klinx shall notify you without delay upon receipt of any request by a data subject to exercise his or her rights under Applicable Data Protection Laws in respect of any Client Personal Data. Klinx will not independently respond to such requests from your data subjects except where otherwise required by Applicable Data Protection Laws. You undertake to inform Klinx (as the processor / service provider) of any data subject (or consumer) request received and shall provide Klinx with the necessary information to allow Klinx to comply with the request when required to do so; and
6.2 Notify you of all enquiries or communications from a competent supervisory authority that Klinx receives which relate to Client Personal Data processed in connection with providing the services and under this Addendum and the Agreement, unless prohibited from doing so at law or by a regulator. You shall be responsible for all communications or correspondence with the competent supervisory authority in relation to your role as Controller of Client Personal Data under Applicable Data Protection Law, and to the extent permitted by law.
- Privacy Impact Assessments and Prior Consultation
To the extent required under Applicable Data Protection Laws, and taking into account the nature of the services provided, the information available to Klinx, and to the extent you do not otherwise have access to the relevant information, Klinx shall provide reasonable assistance to you as reasonably requested with respect to your obligations to conduct privacy and data protection impact assessments with respect to the processing of Client Personal Data.
- Subprocessors
You generally authorize the engagement of Subprocessors by Klinx and a list of existing Subprocessors (to the extent that Subprocessors shall be used) may be made available on request. Klinx shall enter into a written agreement with each Subprocessor(s) that imposes on the Subprocessor the same data protection obligations that are imposed on Klinx pursuant to this Addendum. You shall promptly, and in any event within ten business days, notify Klinx in writing of any reasonable objection to such changes/appointment. You acknowledge that Klinx’s Subprocessors are essential to provide the services and that if you object to Klinx’s use of a Subprocessor, then notwithstanding anything to the contrary in the Agreement, Klinx will not be obligated to provide the services to you for which Klinx uses that Subprocessor, and any adjustments required by you shall be at your cost. Any disagreements between the Parties shall be resolved via the contract dispute resolution procedure.
- Transfers
9.1 Transfers of EEA/Swiss Data
To the extent that GDPR and complementary data protection laws in EU member countries (“EU Data Protection Law”) applies to the processing of Client Personal Data, Klinx agrees that it will not transfer Client Personal Data out of the EEA and/or Switzerland to a country that has not been identified by the European Commission or a Supervisory Authority under EU Data Protection Law as a country that provides an adequate level of data protection except where Klinx has ensured appropriate safeguards are in place, such as the Standard Contractual Clauses approved by the European Commission unless otherwise required by applicable law. Klinx and you hereby enter into the Standard Contractual Clauses (as further set out in this document) in respect of such transfers.
9.2 Transfers of UK Data
Subject to subsection 9.4 below, the Parties shall rely on the UK Standard Contractual Clauses as amended from time to time by the Information’s Commissioner Office (the “UK SCCs”), to protect Client Personal Data being transferred from the United Kingdom (UK) to a country outside the UK not recognized as providing an adequate level of protection for personal data. You, acting as data exporter, shall execute, or shall procure that your relevant entities execute, such UK SCCs with the relevant Klinx entity or a third-party entity, acting as a data importer.
9.3 Transfers of non-EEA/Swiss/UK Data
In the event that Client Personal Data is to be transferred outside the country of origin in connection with the provision of Services under the Agreement and this country is not located within the EEA, Switzerland or the United Kingdom, the Parties will work together expeditiously and in good faith to establish the appropriate transfer mechanism to be implemented, as required by applicable Data Protection Law.
9.4 Transfers of non-EEA/Swiss/UK Data
Klinx self-certifies to and complies with the EU-U.S. Data Privacy Framework program (EU-U.S. DPF) (which is detailed here: https://www.dataprivacyframework.gov/), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework program (Swiss-U.S. DPF), as administered by the U.S. Department of Commerce. During the term of the Agreement, Klinx shall maintain its self-certification to and compliance with the Frameworks (or successor frameworks) with respect to the Processing of Client Personal Data that is transferred from the EEA, UK, or Switzerland to the United States, and will treat Customer Personal Information with at least the same level of protection as required under the EU-U.S. DPF, including, without limitation, the Onward Transfer Principle. Klinx further agrees to process Client Personal Data only (i) for the limited and specified purposes consented to by the data subjects and set out in this Agreement; (ii) in accordance with this Agreement, and the EU-U.S. DPF Principles; and (iii) taking into account the nature of the processing, to assist the controller in responding to individuals exercising their rights under the DPF Principles.
9.5 Transfer Mechanism
In the event that the transfer mechanisms agreed by the Parties herein are amended, replaced, or cease to be authorized as a means to provide “adequate protection” with respect to transfers of Client Personal Data, the Parties will work together expeditiously and in good faith to establish another valid transfer mechanism and/or implement supplementary measures as needed to establish appropriate safeguards for such data. Any impacts on the terms of the Agreement and the provision of the services caused by such new requirements will be addressed by the Parties in accordance with Section 16 (Changes in Laws) below.
10. California Consumer Privacy Act
10.1 The following shall apply to the extent that the CCPA is applicable. Klinx shall: (i) not sell or share any Client Personal Data (as defined by CCPA); (ii) not retain, use, or disclose any such Client Personal Data for any purpose other than business purpose(s) specified in accordance with the Agreement, unless permitted by law; (iii) not retain, use, or disclose such Client Personal Data outside the direct business relationship between Klinx and Client, as set forth in the Agreement, unless otherwise permitted by law; (iv) provide the same level of privacy protection required of Client by the applicable obligations under CCPA for Client Personal Data; and (v) notify the Client if it can no longer meet its obligations under the CCPA, and will work with the Client to take reasonable and appropriate steps to stop and remediate unauthorized use of Client Personal Data.
10.2 Client agrees that execution of the Agreement by Klinx shall be deemed to constitute any certification that is required under applicable Data Protection Laws to the restrictions on sale, retention, use, or disclosure of Client Personal Data.
11. Use of Business Contact Information
Each Party consents to the other Party using its Business Contact Information for contract management, payment processing, service offering, and business development purposes, including business development with partners, and such other purposes as set out in the using Party’s global data privacy policy (copies of which shall be made available upon request). For such purposes, and notwithstanding anything else set forth in the Agreement or this Addendum with respect to Client Personal Data in general, each Party shall be considered an independent Controller with respect to the other Party’s Business Contact Information, and shall be entitled to transfer such information to any country where such Party’s global organization operates.
12. Disclaimer of Liability
Klinx will not be liable for any claim brought by a data subject arising from, or related to, Klinx’s or its Affiliates’ action or omission to the extent that Klinx was acting in accordance with your instructions.
13. Governing Terms
13.1 This Addendum represents the entire agreement between the Parties in relation to its subject matter, and all previous representations, agreements, and statements are hereby excluded.
13.2 For avoidance of doubt, and without prejudice to the rights of any data subjects thereunder, this Addendum** and any Standard Contractual Clauses (or other data transfer agreements) that the Parties or their affiliates may enter into, in connection with the services provided pursuant to the Agreement, will be considered part of the Agreement, and the liability terms set forth in the Agreement will apply to all claims arising thereunder.
13.3 In the event of any conflict or ambiguity between terms of this Addendum and terms of the Agreement, the terms of the Addendum shall prevail. In the event of any conflict or ambiguity between terms of this Addendum and terms of the Standard Contractual Clauses, the terms of the Standard Contractual Clauses shall prevail. All other terms and conditions within the Agreement remain unchanged and in full force and effect.
14. Severability
Each and every provision of this Addendum is severable and distinct from the others, and if at any time any provision of this is or becomes illegal, invalid, or unenforceable in any respect under the law of any jurisdiction, that will not affect or impair the legality, validity, or enforceability in that jurisdiction of any other provision of this Addendum.
15. Notices and Variation
All notices, consents, demands, and other communications required or permitted to be given by either Party under this Addendum shall be in writing. No amendment to this Addendum will be effective unless it is in writing and signed by both Parties.
16. Changes in Laws
In the event of (i) any newly-enacted Applicable Data Protection Law, (ii) any change to an existing Applicable Data Protection Law (including generally-accepted interpretations thereof), (iii) any interpretation of a new or existing Applicable Data Protection Law by you, or (iv) any material new or emerging cybersecurity threat, which individually or collectively requires a change in the manner by which Klinx is delivering the services to you, the Parties shall agree in writing upon how Klinx’s delivery of the services will be impacted, and shall make equitable adjustments to the terms of the Agreement and the Services in accordance with any change procedures, as may be agreed to by the Parties.
17. Governing Law and Jurisdiction
17.1 The jurisdiction of this Addendum shall be the jurisdiction of the Agreement. In the event there is no jurisdiction clause in the Agreement, any dispute or claim in connection with this Addendum shall be governed by and construed in accordance with:
17.1.1 In the case of the contracting Klinx entity being in the U.S.A., the laws of the state of Delaware, U.S.A. shall apply.
17.1.2 In the case of the contracting Klinx entity being outside the U.S.A., the laws of Ireland shall apply, and each of the Parties hereby consent to the personal jurisdiction (including non-contractual disputes or claims) of the courts of Dublin, Ireland.
17.1.3 If the Data Processor is located in the U.S.A., the laws of the state of Delaware, U.S.A., shall apply, and each of the Parties hereby consent to the personal jurisdiction (including non-contractual disputes or claims) of the courts of New Castle County, Delaware, U.S.A.
SCHEDULE
EEA STANDARD CONTRACTUAL CLAUSES
- The relevant Controller-Processor Standard Contractual Clauses (Module 2) are available at: https://hrtechprivacy.com/c2pscc.
- For the purposes of entering the Standard Contractual Clauses:
(i) The optional Clause 7 shall not apply
(ii) Option 2 of Clause 9 (Use of sub-processors) shall apply.
(iii) The description of the transfer of Personal Data in Appendix A of this Agreement shall be deemed to be inserted in place of Annex I of the Standard Contractual Clauses;
(iv) Appendix B of this Agreement shall be deemed to be inserted in place of Annex II of the Standard Contractual Clauses.
UK STANDARD CONTRACTUAL CLAUSES
1. The UK SCCs Addendum is available at: https://hrtechprivacy.com/uk-scc.
2. For the purposes of entering the UK SCCs Addendum:
i) The information contained in Appendix A of this Agreement shall be deemed to apply to Tables 1, 2, and 3 of the UK Standard Contractual Clauses; and
ii) The information contained in Appendix B of this Agreement shall be deemed to apply to the final row (Annex II) of Table 3 of the UK Standard Contractual Clauses.
APPENDIX A
A. LIST OF PARTIES
Data Exporter(s) / Client
Name:
Address:
Contact Name, Position, Details:
Relevant Activities:
Roles:
Data Importer
Name:
[Contact Klinx for business identity.]
Address:
[Contact Klinx for address inquiries.]
Contact:
[Contact Klinx for contact info for the relevant Data Protection official.]
Relevant Activities:
Klinx is engaged in the business of providing a web-based platform and related services for job seekers to upload resumés and search for jobs, and for businesses to post jobs, link jobs, and locate candidates (the “Klinx Services”).
Role:
Processor
B. DESCRIPTION OF TRANSFER
| Categories Data Subjects |
|---|
| The personal data transferred concern the following categories of data subjects: Individuals about whom Personal Data is provided to Klinx via the Services by (or at the direction of) Client, which may include without limitation Client’s or its Affiliates’ employees, contractors, and end users. |
| Purposes of the transfer(s) |
| The transfer is made for the following purposes: Klinx will only process Client Personal Data as Processor for the following purposes and only when necessary and proportionate to comply with the Client’s instructions: Providing and updating the Services as licensed, configured, and used by Client and its users, including through Client’s use of Klinx settings, administrator controls, or other Service functionality; Securing and real-time monitoring the Services; resolving issues, bugs, and errors; providing Client-requested support, including applying knowledge gained from individual Client support requests to benefit all Klinx Clients, but only to the extent such knowledge is anonymized as set out in the Agreement and this Appendix A detailing the subject matter, nature, purpose, and duration of Personal Data Processing in the Controller to Processor capacity; and any other documented instruction provided by Client and acknowledged by Klinx as constituting instructions for purposes of this Addendum. |
| Categories of Personal Data |
| Depending on the Services you use, the personal data transferred may primarily concern the following categories of data: Klinx Account Information: Data associated with the end user’s Klinx account, password, company name, and Client’s preferences. This will include: Klinx unique user ID, social media login (optional), email address, and display name. Client Authentication Data: This may include username and password unless Single Sign On (SSO) is used. Interview Content. This may include video, audio, transcripts, interview notes, and interview questions. Chat Messages. Content sent between users on a Klinx hosted video platform (e.g. Klinx Interview) Calendar Information. This may include meeting schedules and event information made available through Client controlled integrations (e.g. Outlook or Google Calendar). Candidate Materials: Data that Job Seekers disclose to employers in the hiring process. This data may include applications, which generally contain job seeker resumés, screening data (such as answers to screener questions), cover letters, and any other data a job seeker agrees to share with Employers when they express interest in employment opportunities, for example, by applying or registering for events. Employer Materials: This may include contact details to receive applications and messages, recruiter profiles, disposition information and employers’ notes about candidates, and candidate preferences. Interview Metadata: This may include information about your interview product usage, such as frequency, quality, time zone, attendance, and duration of events, as well as network activity and sample text you save to your Dashboard. Device and Network information: Information about your desktop and mobile device, which may include network data, operating system, user agent, MAC/IP address, and service logs. User Feedback and Satisfaction Data: This may include ratings and plain text feedback on how we can improve our services. |
| Frequency of the transfer (e.g. whether the data transfer is a one-off or continuous basis) |
| Continuous |
| Special categories of personal data (if appropriate) |
| Special categories are not required to use the Services. Such special categories of data include, but may not be limited to, Personal Data with information revealing racial or ethnic origin, political opinions, religious or philosophical belief, genetic or biometric data, data concerning your health, or gender identity or sexual orientation. To the extent such sensitive data is submitted, it is determined and controlled by Client in its sole discretion. |
| Duration of processing |
| The applicable term of the Agreement unless otherwise required by law. |
| Nature and Subject Matter of the Processing |
| Klinx will process Client Personal Data for the purposes of providing the Services to Client in accordance with the Addendum. |
| Retention period (or, if not possible to determine, the criteria used to determine that period) |
| The applicable term of the Agreement unless otherwise required by law. |
C. COMPETENT SUPERVISORY AUTHORITY
| Identify the competent supervisory authority(ies) in accordance with Clause 13 of the SCCs: |
|---|
| The competent supervisory authority, in accordance with Clause 13 of the EU SCCs, must be (i) the supervisory authority applicable to the data exporter in its EEA country of establishment or, (ii) where the data exporter is not established in the EEA, the supervisory authority applicable in the EEA country where the data exporter’s EU representative has been appointed pursuant to Article 27(1) of the GDPR, or (iii) where the data exporter is not obliged to appoint a representative, the supervisory authority applicable to the EEA country where the data subjects relevant to the transfer are located. |
| With respect to Personal Data to which GDPR applies, the competent supervisory authority is the Irish Data Protection Commission. |
| With respect to Personal Data to which the UK GDPR applies, the competent supervisory authority is the Information Commissioner’s Office (the “ICO”). |
| With respect to Personal Data to which the Swiss DPA applies, the competent supervisory authority is the Swiss Federal Data Protection and Information Commissioner. |
APPENDIX B
TECHNICAL AND ORGANISATIONAL SECURITY MEASURES
In accordance with the Agreement, the Data Processor will adopt and maintain appropriate (including organizational and technical) security measures in dealing with Personal Data in order to protect against unauthorized or accidental access, loss, alteration, disclosure, or destruction of such data, in particular where the processing involves the transmission of data over a network, and against all other unlawful forms of processing.
In determining the technical and organizational security measures required under the Agreement, the Data Processor will take account of the state of the art, the costs of implementation, and the nature, scope, context, and purposes of processing, as well as the risk of varying likelihood and severity for the rights and freedoms of persons.
The Data Processor will maintain the following specific security measures, as applicable:
ORGANIZATION OF INFORMATION SECURITY – Management direction and support for information security
- Policies for information security are documented and published.
- Chief Security Officer is appointed with responsibility for coordinating and monitoring security rules and procedures.
- Security roles and responsibilities are defined and allocated.
- Maintained information on third-party contact information to be used to report a security incident, such as Law Enforcement, relevant government departments, vendors, and Information Sharing and Analysis Center (ISAC) partners.
HUMAN RESOURCE SECURITY – Employee responsibilities for information security
- Background checks are conducted on candidates for employment in accordance with relevant laws, regulations, and ethics, based on job title and location.
- Terms and conditions of employment for every employee require acknowledging Company Guidelines which include Acceptable Use Policy, Employee Privacy Notice, and Code of Conduct.
- Information security and privacy awareness, education, and training is conducted on hire and periodically thereafter.
- Formal disciplinary process is documented, communicated, and acknowledged by new hires and employees annually.
ASSET MANAGEMENT – Identification and management of organizational assets
- Assets associated with data processing have been identified and an inventory is maintained.
- Rules for acceptable use have been documented, communicated, and acknowledged by new hires and employees periodically.
- Sensitive data has been classified in terms of legal requirements to allow for access to be restricted.
LOGICAL SECURITY – Access control to information processing systems
- Access to information and information processing facilities is limited and controlled to only that data minimally necessary to perform the users’ job duties.
- A formal user registration and de-registration process is in place enforcing unique identification of users.
- Allocation and use of privileged access rights are restricted and controlled.
- Users are required to follow secure practices in the use of authentication information, including password configurations providing for a minimum length of 10 characters. Password history of 12. Complexity requiring 3 out of the following 4 character types: Capital Letters, Lowercase Letters, Numbers, and Special Characters.
- Automatic time-outs of accounts if left idle, with identification and password required to reopen.
- Automatic deactivation of user login “id” when several incorrect passwords are entered.
- Multi-factor authentication (i.e., requiring at least two factors to authenticate a user) for remote access over virtual private network (VPN) to any network, system, application, or other asset containing classified information.
PHYSICAL SECURITY – Access and environmental control of information processing areas
- Security perimeters are defined and used to protect areas that contain restricted or confidential information, and information processing facilities.
- Secure areas are protected by entry controls to ensure only authorized personnel are allowed access.
- Access to information processing facilities is logged and monitored by security.
- Physical protections against natural disasters, malicious attacks, and accidents are applied.
OPERATIONS SECURITY – Secure operations of information processing facilities
- Changes to information processing facilities are controlled.
- Centrally managed anti-malware software to monitor and defend information processing facilities.
- Logging enabled on information processing facilities to include detailed information such as event source, date, user, timestamp, source addresses, and destination addresses with synchronized time sources.
- Periodic internal and external penetration testing of information processing systems is performed to identify vulnerabilities. Identified vulnerabilities are addressed as part of the vulnerability management program.
- A process to timely identify and remediate system, device, and application vulnerabilities through patches, updates, bug fixes, or other modifications to maintain the security of Personal Data.
NETWORK SECURITY – Security of information transmission
- Use of industry standard firewall and encryption technologies to protect the gateways and pipelines through which the data travels (e.g. TLS/SSL).
- Encryption of certain highly confidential data (e.g., personally-identifiable information such as national identity numbers and credit or debit card numbers) at rest and when in transit across open networks in accordance with industry best practices.
APPLICATION SOFTWARE SECURITY – Information Security is designed and implemented within systems development
- Separation of development, testing, and operational environments.
- Secure coding practices appropriate to the programming language and development environment are in use.
- Error checking is performed and documented for all input, including for size, data type, and acceptable ranges or formats.
- Verification of versions of software acquired from third parties are supported or appropriately hardened based on developer security recommendations.
- Software development personnel receive OWASP training in writing secure code.
- Static and dynamic analysis tools are used to verify that secure coding practices are being adhered to for internally-developed software.
THIRD-PARTY RELATIONSHIPS – Security of information and information processing facilities accessible by third parties
- Information security requirements for mitigating risks associated with third-party access to information and information processing facilities are agreed to in writing.
- Third parties and third-party services are assessed by security to identify security and data protection risks that must be addressed through either organizational or technical measures during contracting or implementation.
INCIDENT MANAGEMENT – Management of information security incidents
- Responsibilities and procedures for incident management are documented to define the roles of personnel, as well as the phases of incident handling.
- Users are trained to report observed or suspected information security weaknesses and events to security immediately.
- Response to security incidents are conducted in accordance with documented procedures, and retrospectives are conducted.
- Incident response exercises and scenarios are conducted periodically to maintain awareness and comfort in responding to real-world threats. Exercises test communication channels, decision-making, and incident responder’s technical capabilities using tools and data available to them.
AVAILABILITY – Redundancy of information processing facilities and backup of information
- Information, software, and system information are backed up regularly and tested periodically.
- Backups are encrypted and replicated across geographic locations to provide for redundancy.
COMPLIANCE – Compliance with legal and contractual requirements and information security reviews
- Relevant legal and contractual requirements are documented and kept up-to-date of information processing facilities.
- Independent reviews of information security and its implementation are conducted on a periodic basis.
- Technical compliance reviews of information systems are conducted on a periodic basis to identify compliance with organizational policies and standards.