Terms & Conditions

 

Terms of Service


Terms and Conditions

Last updated: March 15, 2018

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.SymbaSync.com website (the “Service”) operated by SymbaSync Ltd
(“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Summary of Subscription Terms and Conditions (details follow)

Free Trial Period Start: Any free trial period begins at the moment credit card information is submitted for payment through payment portal.

Free Trial Period End: The free trial period lasts for 7-days from the point of submitting credit card information, including weekend/non-business days. Free trial periods end at the end of the 7 th day or when the user selects an option to immediately end the free trial by activating the full features of their subscription. At the moment the free trial ends and/or the user activates the full subscription service, the credit card on file is charged immediately and the user enters the 30-day or annual subscription cycle based on what was originally chosen on sign-up.

Free Trial Functionality: During the free trial, a user can create 1 (one) roll, view up to six top matching candidates and their match-reports, and contact up to three candidates.

Subscription Functionality: After activation of the monthly or annual subscription, the user receives unlimited access to view candidates and contact candidates. The number of live roles is based on the user’s level of subscription as stated on the pricing page: http://symbasync.com/pricing.html

Subscription Charge Periods: Monthly subscriptions are charged 30 days after activation of an account begins and then enters a billing cycle of every 30-days. Annual subscriptions are charge on the 367 th day after the subscription has started and continues to be processed each year at the same day.

Upgrades: If upgrading a monthly paid subscription, the user won’t be charged immediately; the next charge will include a prorated additional charge for any days the upgraded subscription was active prior to the next billing period. If changing from monthly to annual subscription, the user will be charged immediately minus any prorated amount for the remaining amount on the originally subscription period.

Cancellation: Cancelation requests for recurring fees must be sent to http://symbasync.com/contact-us.html a minimum of 1-day (24-hours) prior to the payment due date and prior to 6:00 pm local time on the Thursday of any given week. To cancel future payments, users should contact customer service to request your account cancelation. Failure to request cancelation 24-hours in advance of the charge date will result in the charge being initiated and no refund being eligible for that pay period.

Refunds: SymbaSync generously offers a trial period to experience the product with access to candidates, thus utilizing full SymbaSync resources. As a result, SymbaSync does not issue refunds for payments that have already been collected. If there is a situation where the user has been granted extended or additional access to the system, once any action has been taken to contact a candidate directly during a payment period, no refund will be issued. Refer to the rest of the terms and conditions for more detailed information.

Subscriptions

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or SymbaSync Ltd cancels it. You may cancel your Subscription renewal by contacting SymbaSync Ltd customer support team at http://symbasync.com/contact-us.html. A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide SymbaSync Ltd with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize SymbaSync Ltd to charge all Subscription fees incurred through your account to any such payment instruments. Should automatic billing fail to occur for any reason, SymbaSync Ltd will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

SymbaSync Ltd may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial. If you do enter your billing information when signing up for the Free Trial, you will not be charged by SymbaSync Ltd until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription by contacting customer support at http://symbasync.com/contact-us.html, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected. At any time and without notice, SymbaSync Ltd reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

SymbaSync Ltd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. SymbaSync Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Certain refund requests for Subscriptions may be considered by SymbaSync Ltd on a case- by-case basis and granted in sole discretion of SymbaSync Ltd. Any refunds provided are subject to an administration fee to cover the cost of processing the refund.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You expressly agree that we cannot be held liable for any loss or damage arising out of any misrepresentations you make in this regard.

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of SymbaSync Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SymbaSync Ltd. When you upload content, you give to SymbaSync Ltd a worldwide, non-exclusive, royalty- free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and SymbaSync Ltd business.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by SymbaSync Ltd. SymbaSync Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that SymbaSync Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless SymbaSync Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall SymbaSync Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. SymbaSync Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will SymbaSync Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by SymbaSync Ltd or any person for whom SymbaSync Ltd is responsible, and even if SymbaSync Ltd has been advised of the possibility of such loss or damage being incurred.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Scotland, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

Privacy Policy and Cookie Policy

Please refer to our Privacy Policy and Cookies Policy. You agree that they constitute part of these terms. You must read our Privacy Policy and Cookies Policy before you use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

Cookies, Privacy and Terms of Service

Last Updated April 27, 2017

By using or accessing the Website, you are consenting to SymbaSync’s use of Cookies as follows: This policy helps to explain the occasions when and why cookies may be sent to visitors to the Website (referred to in this policy as “we”, “us” or “our”). “Cookies” are text-only pieces of information that a website transfers to an individual’s hard drive or other website browsing equipment for record-keeping purposes. Cookies allow the Website to remember important information that will make your use of the site more convenient. A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a randomly generated unique number or other value. Certain cookies will be used on the Site regardless of whether you are logged in to your account or not. Like most websites, we use cookies for a variety of purposes in order to improve your online experience, for analytics and for marketing, but specifically we use Cookies on the Website for the following purposes:

  1. Analytical Purposes: We use Cookies to analyze user activity in order to improve the Website. For example, using Cookies we can look at aggregate patterns like the average number of job matches that users engage. We can use such analysis to gain insights about how to improve the functionality and user experience of the Website.
  2. Your Preferences: We use Cookies to store certain user preferences on our Website. For example, we may store the recent searches you have performed in a Cookie so that we can allow you to easily repeat those searches when you return to our Website.
  3. Marketing: We use Cookies from third-party partners such as Google and Facebook for marketing purposes. These Cookies allow us to display SymbaSync promotional material to you on other sites you visit across the Internet. SymbaSync may also share information about your behavior on the Site with third parties (including operators of third-party websites and/or social networking sites) in order to show you targeted advertisements and other content that has been customized for you.
  4. Referral Tracking: We use Cookies to associate user activity with the third party website that referred the user to our Website, or to associate user activity that SymbaSync referred to a third party website. These third party partner websites receive credit for the activity of users they refer to our Website, or give SymbaSync credit for the activity of users referred to such third party websites. We do not share any personal information or information about individual user activities with these partner entities.

Session Cookies are temporary cookies that remain in the cookie file of your browser until you leave the Website. Persistent Cookies remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). When we use session cookies to track the total number of visitors to our Website, this is done on an anonymous aggregate basis (as cookies do not in themselves carry any personal data). We may also employ cookies so that we remember your computer when it is used to return to the Website to help customize your SymbaSync web experience. We may associate personal information with a cookie file in those instances. Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. You can easily delete any cookies that have been installed in the cookie folder of your browser. See below instructions on how to enable and disable cookies for various browsers, and SymbaSync’s job seeker web beacon: Please check the browser’s cookie settings support pages to confirm the most up-to-date instructions.

Google Chrome

  • Click the settings icon on the browser toolbar (three stacked lines)
  • Select ‘Settings’
  • Click ‘Show advanced settings’
  • In the “Privacy” section, click the ‘Content settings’ button
  • To enable cookies: In the “Cookies” section, pick ‘Allow local data to be set’. This will enable both first-party and third-party cookies. To allow only first-party cookies, pick ‘Block third-party cookies and site data’
  • To disable cookies: In the “Cookies” section, pick ‘Block sites from setting any data’
  • Note there are various levels of cookie enablement and disablement in Chrome. For more information on other cookie settings offered in Chrome, refer to the following page from Google: https://support.google.com/chrome/answer/95647

Mozilla Firefox

  • Click the menu button (three stacked lines) and choose ‘Preferences’
  • Select the Privacy panel
  • Set ‘Firefox will:’ to ‘Use custom settings for history’
  • To enable cookies: Check ‘Accept cookies from sites’
  • To disable cookies: Uncheck ‘Accept cookies from sites’
  • Note there are various levels of cookie enablement and disablement in Firefox. For more information, refer to the following page from Mozilla: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

Safari on OSX

  • Click on ‘Safari’ at the menu bar and select the ‘Preferences’ option
  • Click on ‘Privacy’
  • To enable cookies: In the ‘Cookies and website data:’ section, click ‘Always Allow’ or ‘Allow from websites I visit’ or ‘Allow from current website only’ depending on your preference
  • To disable cookies: In the “Cookies and website data:” section, click ‘Always Block’
  • Note there are various levels of cookie enablement and disablement in Safari. For more information on other cookie settings offered in Safari, refer to the following page from Apple: https://support.apple.com/kb/PH19214

Opera

  • From the main menu, select ‘Settings’ (or ‘Preferences’, when using OS X)
  • Click ‘Advanced’
  • Under “Cookies”, select an option for handling cookies
  • To enable cookies: Check ‘Accept’ or ‘Accept only from the sites I visit’ depending on your preference
  • To disable cookies: Check ‘Never accept cookies’
  • Note there are various levels of cookie enablement and disablement in Opera. For more information on other cookie settings offered in Opera, refer to the following page from Opera Software: http://www.opera.com/help/tutorials/security/privacy/

Microsoft Internet Explorer 6.0, 7.0, 8.0, 9.0, 10.0

  • Click on ‘Tools’ at the top of your browser window and select ‘Internet Options’
  • In the options window navigate to the ‘Privacy’ tab
  • To enable cookies: Set the slider to ‘Medium’ or below
  • To disable cookies: Move the slider to the top to block all cookies
  • Note there are various levels of cookie enablement and disablement in Explorer. For more information on other cookie settings offered in Internet Explorer, refer to the following page from Microsoft: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

Microsoft Internet Explorer 11 for Windows 10

  • Click on ‘Tools’ at the top of your browser window and select ‘Internet Options’
  • In the options window navigate to the ‘Privacy’ tab
  • To enable cookies: Choose ‘Allow’ or ‘Be prompted for first and third party cookies,’ depending on your preferences
  • To disable cookies: Choose ‘Block’
  • Note there are various levels of cookie enablement and disablement in Explorer. For more information on other cookie settings offered in Internet Explorer, refer to the following page from Microsoft: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies

Microsoft Edge

  • Click on ‘More’ and choose ‘Settings’
  • Under “Advanced settings”, select ‘View advanced Settings’
  • Under “Privacy and services — Cookies”, choose the option you want.
  • ‘Block all cookies’ blocks all cookies that websites try to save to your computer. ‘Block only third party cookies’ blocks third party cookies, which are saved by external web services, such as ads embedded on webpages you have navigated to.
  • Note there are various levels of cookie enablement and disablement in Edge. For more information on other cookie settings offered in Microsoft Edge, refer to the following page from Microsoft: https://support.microsoft.com/en-us/help/12454/windows-10 microsoft-edge-privacy-faq

If you disable all cookies, you may not be able to take advantage of all the features of this website. Consult your mobile device documentation for information on how to disable cookies. SymbaSync uses the AdWords and Remarketing Lists features of Google Analytics for Display Advertisers. SymbaSync and Google use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to our Website. This means that vendors including Google will display SymbaSync promotional material on other sites you visit across the Internet. You may opt-out of Google Analytics for Display Advertisers including AdWords and opt-out of customized Google Display Network ads by visiting the Google Ads Preferences Manager. To provide website visitors more choice on how their data is collected by Google Analytics, Google has developed an Opt-out Browser add-on, which is available by visiting Google Analytics Opt-out Browser Add-on, to enable you to opt-out of Google’s programs.
SymbaSync marketing service providers. If you do not want SymbaSync and its marketing services providers to follow your usage of our services via the third party marketing services providers’ cookies and Web beacons, and to learn more about these providers and their privacy policies, please visit each site: Nielsen, comScore, Yandex (Russia website only), Optimizely, Marketo, Sift Science, Demandbase, Olark, Perfect Audience, Zendesk, Appsflyer, Facebook, Twitter, Adometry, Sizmek, MediaCom, Mixpanel, Heap Analytics. Opting out of these services does not mean you will no longer receive online advertising. It does mean that the service from which you opted out will no longer deliver ads tailored to your Web preferences and usage patterns. In all cases where third party cookies are used to track your behavior on SymbaSync, you must refer to such third  party’s site to learn how to remove cookies for that third party specifically. Removing SymbaSync cookies from your browser will not affect cookies placed by third parties.

Changes To Our Cookie Policy

From time to time, it may be necessary for us to change this cookie policy. We suggest that you check here periodically for any changes.

Privacy Policy

Last Updated: April 12, 2017

1. Introduction

SymbaSync values the trust our users and customers place in us when they give us access to their Personal Information. The Privacy Policy describes how we work to maintain that trust and protect that information. SymbaSync has created this Privacy Policy in order to describe its collection, use and disclosure of personal data you give to SymbaSync when you access or use SymbaSync’s online and/or mobile services and websites, and software provided by SymbaSync on or in connection with such services or websites (collectively, the “Site”). “SymbaSync” or “we” means SymbaSync, Ltd. This Privacy Policy covers only data that we collect through the Site, and not any other data collection or processing, including, without limitation, the data collection practices of any affiliate or other third party, including any third-party operators of web pages to which the Site links, and any information that we collect offline or through any websites, products, or services that do not display a direct link to this Privacy Policy. Occasionally, we may refer to this Privacy Policy in notices and consent requests related to special purpose web pages, mobile applications, or other resources, for example, if we invite you to submit ideas to improve the Site; under such circumstances, this Privacy Policy applies to information collected by us through such special purpose resources, as modified in the particular notice or consent request (e.g., with respect to the types of data collected or our uses or disclosures of such information) SymbaSync may amend this Privacy Policy at any time. Please review the “Last Updated” legend at the top of this page to determine when this Privacy Policy was last amended. Any changes to this Privacy Policy will become effective on the “Last Updated” date indicated above. By using the Site or providing information to us following such changes, you will have accepted the amended Privacy Policy. If SymbaSync is going to use Personal Information (as defined below) collected through the Site in a manner materially different from that stated at the time of collection, then SymbaSync will notify users via email and/or by posting a notice on SymbaSync’s Site for 30 days prior to such use or by other means as required by law.

2. Information Collected

When you create an SymbaSync account, request information, subscribe for a service, participate in a survey, post a rating or review, post a question or answer, post a resume, upload content or otherwise actively send us data on our Site, we collect such data including, but not limited to, your user name, password, first and last name, email address, telephone number (including mobile phone number), street address, gender, occupation, interests, messages you send to users, and any other data included in a submitted profile or resume, including but not limited to application materials and answers to screener questions submitted to Employers through SymbaSync and answers you give to any questionnaires sent to you, which you answer. In connection with chargeable services, we will also collect payment information (e.g., credit card number and related verification information). If you use any automated phone screening product, SymbaSync will record and store your answers to an Employer’s screening questions and will forward your answers to the Employer. You consent to SymbaSync listening to and analyzing the recording in accordance with this Privacy Policy. In each such instance above, you will know what data we collect through the Site, or collect through screening, because you actively submit it. You may also create an account or log in to your SymbaSync account using third-party websites including, but not limited to, Facebook. If you do not already have an SymbaSync account but log in to SymbaSync using your Facebook account, this creates an SymbaSync account using the same email address used in your Facebook account. Facebook may also ask for your permission to share certain details with SymbaSync, including but not limited to your name, profile picture, public profile information and email address. If you agree to provide this information to SymbaSync, Facebook will authenticate you and redirect you to the Site. Please note, when you log in to SymbaSync using your Facebook account, Facebook will cookie you in order to authenticate you as a Facebook user. By granting SymbaSync access to your Facebook account, you understand that SymbaSync will access, make available and store the information that you provide to SymbaSync from your Facebook account so that it may be available on and through the Site via your SymbaSync account. This information will be considered SymbaSync account information for purposes of your use of the Site. You have the ability to disable the connection between your Facebook account and your SymbaSync account at any time by accessing your privacy settings on your Facebook account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH FACEBOOK OR ANY OTHER THIRD-PARTY WEBSITE IS GOVERNED SOLELY BY YOUR AGREEMENT WITH SUCH THIRD-PARTY WEBSITE. In addition, as part of the standard operation of the Site, SymbaSync may automatically collect and analyze information from your computer or mobile device, including, but not limited to, your browser type, operating system, IP address and the domain name from which you accessed the Site, and if you are accessing our Site with your mobile device, the type of mobile device. In addition, we may automatically record and analyze actions taken on the Site including, but not limited to, date and times of use, clicks, page views, the amount of time you spend on each page, and search queries. SymbaSync reserves the right to match your IP address (or any other information) with other information about you in any way permitted by applicable law. SymbaSync will store this information on its equipment or the equipment of third parties that SymbaSync has a relationship with for that purpose. If you create an SymbaSync account, information may be collected under your account email address. If you access or use the Site on your mobile telephone or other mobile device, including tablets, we collect mobile device identifiers, including MAC Address, and IP Address. SymbaSync may create and assign to your device an identifier that is similar to an account number. We may collect the name you have associated with your device, device type, telephone number, country, and any other information you choose to provide, such as user name, geolocation or email address. If you are an Employer, SymbaSync may request that you provide certain personal information to SymbaSync in order to verify your account. This information includes, but is not limited to your Federal Employer Identification Number (EIN), Business Registration information, or a utility bill. This information will be used for internal purposes only, subject to any request by law enforcement or a court order.

3. Limitation of Use or Disclosure of Personal Data

When a Job Seeker deletes an account, the Job Seeker will no longer have access to any of the data which we provided under that account name, including but not limited to, search history, job search preferences, saved jobs, jobs the Job Seeker has applied to, job alerts, resume, and any other data associated with the account. If the Job Seeker uses the same email address to set up a new account, this data will not become available to the Job Seeker again. SymbaSync reserves the right to keep any materials in a deleted account as necessary to preserve and protect its rights as allowed by law (for example, to preserve records of a dispute) or to comply with its obligations under local law (for example, to keep an email address). A deleted account does not mean that all of the data is expunged from the SymbaSync systems, although it will not be readily available under the Job Seeker’s original account name. When the Job Seeker presses the delete account button on the dashboard, SymbaSync will begin to process that instruction within 24 hours and will have completed the operation within 40 days. Employers may disable an account, however SymbaSync must preserve business records pertaining to that account to comply with its obligations under law. If a Job Seeker wants to delete a job application
performed on SymbaSync’s site, they will need to contact the prospective Employer directly to request
deletion of their application. When a Job Seeker creates a resume on SymbaSync, they are given the
option to make their resume public or private. Public resumes are available to anyone with access to
SymbaSync’s resume search application. Private resumes are only made available to those whom the Job
Seeker has initiated an application or provided their resume. For job applications which you, the Job
Seeker submit through SymbaSync (including the use of an SymbaSync Apply button) to an employer, (with
related materials submitted), please note: 1) that your applications and materials may be controlled by
an employer, 2) we may direct you to that employer for personal data deletion requests, and 3) SymbaSync
depends on the employer or the employer’s agent to provide SymbaSync with the correct
destination/contact for all applications. In the event that the electronic destination provided to
SymbaSync is incorrect, your application materials will not be sent to the intended recipient of the
application. SymbaSync has no liability for such applications.

4. Uses and Disclosures of Information

We may use any information collected pursuant to this Privacy Policy, including information that
identifies you as a specific individual (“Personal Information”), for the purposes set forth in this
Paragraph 4 and Paragraphs 5, 6, and 10 below. SymbaSync uses such information to provide our services
and features to you, including to provide employer information to you, to measure and improve those
services and features, and to provide you with customer support.
For example, SymbaSync uses your previous search and browsing history (e.g. the jobs you click on), or
application materials and answers to screener questions, to determine relevant search results and
provide you with recommended jobs or reach out to you about jobs you may be interested in. SymbaSync may
also provide information collected pursuant to this Privacy Policy, including Personal Information, to
employers that may be interested in contacting you. By applying to a job, providing your contact
information to show interest in a job, or by replying to a message from an employer, you consent to the
disclosure of your information to that employer. SymbaSync may also use information provided to
SymbaSync via your SymbaSync Resume to pre-populate application information for you and for other
similar purposes.
More specifically, you take a variety of actions on our Site. For example, you search for jobs, and
SymbaSync knows and stores the titles of jobs you search for, where those jobs are located, any
information, including salary interest or experience of which you have informed SymbaSync, or the
general salary range or experience level of the jobs you view (if indicated on the Job Listings), the
Job Listings you apply to or any of your other behavior on the SymbaSync site, when you use SymbaSync.
You know exactly what this data is because you are the person who undertook the activity and the data
pertains only to your activity. If you have an SymbaSync account or an SymbaSync-hosted resume, you
agree that SymbaSync may use this observed factual data to suggest jobs to you and to suggest you or
your public resume to Employers that might be interested in a person who matches your behavior on
SymbaSync. You also agree that SymbaSync may contact you based on this observed behavior.
SymbaSync may also share such information with third parties (including operators of third-party
websites and/or social networking sites) in order to show you targeted advertisements and other content
that has been customized for you.
SymbaSync may also use information collected pursuant to this Privacy Policy to prevent potentially
illegal activities and activities that are detrimental to you or others. SymbaSync may investigate and
disclose information from or about you or your use of SymbaSync if we have a good faith belief that such
investigation or disclosure (a) is reasonably necessary to comply with legal process (including
subpoenas, search warrants, court orders) and law enforcement instructions and orders; (b) is helpful to
prevent, investigate, or identify possible wrongdoing in connection with the use of the Site; or © may
protect our rights, reputation, property, safety, or that of the public; or (d) as necessary to meet
national security requirements. SymbaSync is subject to the investigatory and enforcement powers of the
Federal Trade Commission or other investigatory bodies of the United States.
We may use a variety of methods to detect and address anomalous activity and screen content to prevent
abuse such as spam. These efforts may on occasion result in a temporary or permanent suspension or
termination of some functions for some users. SymbaSync provides two-way message proxy and relay
services to the users of our SymbaSync products, including: SymbaSync Resume, SymbaSync Apply, and Post
a Job. By utilizing this SymbaSync relay function in connection with any of the aforementioned products,
you acknowledge that you are asking SymbaSync to send these messages on your behalf. We monitor, review,
store and analyze your content (including your work history, preferences, applications, messages,
questionnaire answers, responses, offers and other materials) that you send, store or receive, including
via automated means and otherwise, for data analysis, quality control, and to refine the Site or any
other SymbaSync product or service (including to provide better search results and other listings for
job seekers and employers, provide you with personally relevant product features, and to prevent and
block fraud and spam or reduce unwanted mail). When communicating through SymbaSync’s relay system, you
will see an email address with an @SymbaSync.com ending. You retain no ownership rights in these email
addresses, which are specific to Employers’ Job Listings, but owned by SymbaSync. SymbaSync’s relay
system will show the name associated with your account or job application in the “To:” or “From:” field.
Please note that since these message proxy and relay services depend on the functionality of third party
providers, there may be technical delays on the part of those email service providers. If you share the
SymbaSync-owned email address with someone other than yourself, and they send an email to this email
address, SymbaSync reserves the right to verify and confirm the identity of the sender of that email
with the Employer associated with that email address’ Job Listing. SymbaSync reserves the right to drop
messages from our relay system that SymbaSync determines do not adhere to Site Rules or any of the terms
of this agreement.
Any information shared by you with SymbaSync may be shared with or transferred to any SymbaSync
affiliated entity (including those located outside the European Union or Switzerland), no matter where
located, for the purpose of providing you services and improving the Site. By using the Site, you
consent to this transfer and acknowledge that the services provided to you and the functionality of the
Site could not be provided without such a transfer. If you do not wish your information to be
transferred in this way you should not use this Site.
Transfer of Data to Third Parties
We may use other companies, including affiliates and third parties, to perform services in connection
with our operations, and to improve the Site and our other products and services. These third parties
may include (but are not limited to) service providers and vendors.
In the course of providing these services, those companies may have access to Personal Information, and
such Personal Information may be transferred to other countries. Those companies are contractually
required to treat such Personal Information in accordance with this Privacy Policy. Please also be aware
that we may use third-party cloud service providers that provide hosting, data storage and other
services pursuant to standard terms and conditions that may be nonnegotiable; these service providers
have informed us or the general public that they apply security measures they consider adequate for the
protection of information within their system, or they have a general reputation for applying such
measures. However, we will not be liable (to the fullest extent permitted by law) for any damages that
may result from the misuse of any information, including Personal Information, by these companies.
Please see paragraph 11 for liabilities related to the transfer of Personal Data for EU and Swiss
Residents.
You may also use certain third-party sites or services that you link to from SymbaSync’s Site. In such
cases, all information you provide to a third party is provided to that third party and not to
SymbaSync, and is subject to the third party’s privacy policy and terms of service. Please see the
section below titled Links to Third-Party Sites for more information.
SymbaSync may use your IP address and mobile device information to help diagnose problems with
SymbaSync’s service and to administer the Site. Your IP address and mobile device information may also
be used to help identify you, your location, and your online profile and to gather broad demographic
information (such as country of origin). SymbaSync may maintain (as permitted by applicable law)
information collected from you pursuant to this Privacy Policy following any termination of your
relationship with SymbaSync. SymbaSync may also delete such information as permitted by applicable law.
If you provide credit, debit or other payment card and related details to us in order to make a payment,
SymbaSync will use such information only for the purpose of processing the payment. SymbaSync may also
aggregate your data with other data, for the purposes set forth above.

5. Contact and Resume/CV Information

When you give SymbaSync contact information (such as your name and email address) and demographic
information, you agree that SymbaSync may utilize this information as set forth herein. You agree that
SymbaSync may, as part of its services to you, communicate with you, or initiate communication with you
on behalf of a third party, through your SymbaSync account or through other means such as email,
telephone (including mobile phone), or postal mail, including through the use of contact information
that you may provide to SymbaSync or that SymbaSync may otherwise obtain from third-party resources. If
and to the extent permitted by applicable law, SymbaSync or its designated third-party partners may also
use your contact information to (i) send you job alerts; (ii) create an account; and (iii) send you
information about SymbaSync, including promotional materials. SymbaSync may use demographic and/or
profile data to tailor your experience on the Site, show you content that SymbaSync thinks you may be
interested in, and display content according to your preferences. Your information, including Personal
Information, gets placed on the Site when you upload or edit a resume. To the extent you upload a resume
or edit it, and subject to your Privacy Settings, you are making the resume, your name and other
Personal Information that you place on your resume available to third parties who may be interested in
you as an employee (and who may forward your resume and Personal Information to other third parties), to
Job Seekers who may want to contact you, to search engines, or to the general public by posting your
Personal Information on the internet.
You acknowledge that SymbaSync may determine whether the words of your work history or any other
individuals’ work history match the words of certain job descriptions, and vice versa, in order to
improve the Site or any other SymbaSync product or service (including by displaying or otherwise making
available potentially relevant job descriptions and resumes to job seekers and employers). If you do not
want your Personal Information posted on the Site, you should not upload it. SymbaSync reserves the
right to charge third parties a fee for accessing your information, including Personal Information, as
part of SymbaSync’s services. At your direction, SymbaSync may also send your profile to third parties
if you choose to apply for a job match.

6. Additional Uses and Disclosures of Non-Personal Information

In addition to the other uses and disclosures of information set forth in this Privacy Policy, and
notwithstanding anything in this Privacy Policy to the contrary, we may use and disclose, for any
purpose, any information that does not identify you as a specific individual (“Non-Personal
Information”), except where we are required to do otherwise under applicable law. Such Non-Personal
Information may include, for example and without limitation: MAC addresses and other device identifiers;
IP addresses; pixel tags and similar technologies; physical location information; and demographic
information, including gender, dates of birth, ZIP codes, etc. Non-Personal Information may also include
Personal Information that has been aggregated or deidentified. If we combine any Non-Personal
Information with Personal Information (such as combining your ZIP code with your name), then we will
only use and disclose such combined information for the purposes described in this Paragraph 6 and
Paragraphs 4, 5 and 10 of this Privacy Policy while it is so combined. If we are required to treat
Non-Personal Information as Personal Information under applicable law, then we may use and disclose it
for all the purposes for which we use and disclose Personal Information.

7. Security

SymbaSync seeks to use reasonable security measures to help protect against the loss, misuse and
alteration of the Personal Information under SymbaSync’s control. No method of transmission over the
Internet, or method of electronic storage, is 100% secure, however. In addition, please note that
emails, messages sent via your web browser, and other similar means of communication with other users,
are not encrypted. We strongly advise you not to communicate any confidential or sensitive information
through these means. Therefore, while we strive to protect your information, we cannot guarantee its
security. Please also be aware that we may use third-party cloud service providers that provide hosting,
data storage and other services pursuant to standard terms and conditions that may be nonnegotiable;
these service providers have informed us or the general public that they apply security measures they
consider adequate for the protection of information within their system, or they have a general
reputation for applying such measures. However, we will not be liable (to the fullest extent permitted
by law) for any damages that may result from the misuse of any information, including Personal
Information, by these companies. Please see paragraph 11 for liabilities pertaining to the transfer of
personal data for EU and Swiss Residents.

8. Cookies

“Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive.
Please see our cookie policy for further information regarding SymbaSync’s use of Cookies.

9. Links to Third-Party Sites

The Site may make available links to other websites. When you click on such links, you may leave our
Site. The Site may also make available Company Pages, which may contain information provided by
third-party Employers. WE ARE NOT RESPONSIBLE FOR THE INFORMATION COLLECTION, USE, DISCLOSURE OR OTHER
PRIVACY PRACTICES OF ANY THIRD PARTY, INCLUDING OUR AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, ANY
EMPLOYERS (INCLUDING ANY EMPLOYER THAT PROVIDES A COMPANY PAGE), ANY THIRD-PARTY SOCIAL MEDIA PLATFORM,
ANY THIRD PARTY MAKING AVAILABLE THE DEVICES OR OPERATING SYSTEMS FOR WHICH THE SITE IS AVAILABLE, AND
ANY THIRD PARTY OPERATING ANY WEBSITE TO WHICH THE SITE CONTAINS A LINK. YOU MAY HAVE RIGHTS DIRECTLY
ENFORCEABLE AGAINST THESE THIRD PARTIES SO YOU SHOULD CONSIDER THEIR PRIVACY POLICIES TO LEARN MORE.

10. Acquisitions and Other Reorganizations

Information collected pursuant to this Privacy Policy, including Personal Information, may be disclosed
to one or more third parties in connection with any change of ownership or control in SymbaSync’s
business (whether by merger, sale, or otherwise), or any other reorganization or joint venture, or
assignment, transfer or other disposition of all or any portion of our business, assets or stock
(including in connection with any bankruptcy or similar proceeding), and any such information may be
used by such third party in accordance with this Privacy Policy. Equally, information collected pursuant
to this Privacy Policy, including Personal Information, may be disclosed to one or more third parties in
connection with any acquisition or merger carried out by SymbaSync of such third parties.

11. Personal Data for EU and Swiss Residents

SymbaSync, Inc. complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield
Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention
of personal information transferred from the European Union member countries and Switzerland to the
United States. SymbaSync has certified that it adheres to the Privacy Shield Principles of Notice,
Choice, Accountability for Onward Transfer, Security, Data Integrity, and Purpose Limitation, Access,
Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy
policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more
about the Privacy Shield program, and to view our certification, please visit
https://www.privacyshield.gov/.
In the context of an onward transfer of data to a third party, a Privacy Shield organization has
responsibility for the processing of personal information it receives under the Privacy Shield and
subsequently transfers to a third party acting as an agent on its behalf. SymbaSync shall remain liable
under the Principles if its agent processes such personal information in a manner inconsistent with the
Principles, unless SymbaSync proves that it is not responsible for the event giving rise to the damage.
Residents of the European Economic Area and Switzerland have a right of access to their data. Prospects
are able to access and update their data through the resume portion of SymbaSync’s site. If you wish
SymbaSync to access and edit such data on your behalf, please send a certified letter to the above
address with a copy of your passport or national identity card (for identity verification purposes) and
the same will be provided to you. There may be a charge for such a request (which will not be higher
than applicable law permits). European Economic Area and Switzerland residents also have a right, if
their personal data is inaccurate, of rectification, erasure or blocking of such inaccurate personal
data. You may edit your information free of charge (if there is an inaccuracy or otherwise), by
following procedures set forth on the Site. If your personal data is inaccurate, you may alternatively
request SymbaSync to rectify, erase or block the data by sending a certified letter, with a copy of your
passport or national identity card (for identity verification purposes), to the above address with the
exact nature of the requested action.

12. Do Not Track Requests

We do not respond to the browser “Do Not Track” (DNT) signal if enabled by the user in their web
browser. When we set or read cookies on non-SymbaSync sites that have integrated our job search and
display features, we do so, for example, to provide a personalized job search experience to users on
those sites. We do not share any information about your use of SymbaSync with those third parties. When
third parties that we have integrated into SymbaSync sites (as described in the SymbaSync Cookie Policy)
set or read their own third-party cookies, they may or may not respond to the DNT signal.

13. Opting Out

If you no longer want to receive promotional materials from us based upon your Personal Information,
going forward, you may opt out of receiving such marketing related messages by sending an email to
opt-out @ SymbaSync.com (remove spaces when sending email). Please note that we may still send other
messages to you, such as administrative messages. We will try to comply with your request as soon as
reasonably practicable.

14. Independent Dispute Resolution

In compliance with the US-EU and Swiss-US Privacy Shield Principles, SymbaSync commits to resolve
complaints about your privacy and our collection or use of your personal information. European Union and
Swiss individuals with inquiries or complaints regarding this privacy policy should first contact
SymbaSync at: SymbaSync Privacy Program, by emailing info @ SymbaSync.com (remove spaces when sending
email).
SymbaSync has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US
Privacy Shield Principles to the BBB EU PRIVACY SHIELD, a nonprofit alternative dispute resolution
provider located in the United States and operated by the Council of Better Business Bureaus. If you do
not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily
addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and
to file a complaint.
There may be a possibility, under certain limited conditions, for EU and Swiss individuals to invoke
binding arbitration before the Privacy Shield Panel.

15. General Inquiries and Complaints

You may contact SymbaSync, Ltd at info@SymbaSync.com
SymbaSync Terms of Service Introduction
When you access or use SymbaSync’s online and/or mobile services and websites, including any SymbaSync
mobile application (collectively the “SymbaSync Apps”) regardless of where it is downloaded from, and
any software provided by or on behalf of SymbaSync on or in connection with such services or websites
(collectively, the “Site”), including, but not limited to, the SymbaSync LIVEMatch System or any other
service, (a) you represent that you have read and understand the Cookies Policy and Privacy Policy; and
(b) you are agreeing to the terms and conditions of these Terms of Service (the “Agreement”) with
SymbaSync Ltd. Edinburgh, U.K. EH12 5JP.
Any references to “SymbaSync” or “we” in this Agreement shall mean the applicable entity as set forth
above.
The Site is made available for use only by individuals searching for employment openings (“Job
Seekers/Prospects”), by individuals and/or organizations 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 (“Organizations). If you are accessing or using the Site in your capacity as an
employee or other representative of an Employer, you are agreeing to this Agreement on behalf of
yourself and such Employer, as applicable, and you represent and warrant that you have the authority to
bind such Employer, as applicable, to this Agreement.
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.
This Agreement hereby incorporates by this reference any additional terms and conditions posted by
SymbaSync through the Site, or otherwise made available to you by SymbaSync. In particular:
For all other uses of the Site, you are agreeing to be bound by the SymbaSync General Terms of Service
SymbaSync General Terms of Service
A. The following terms and conditions apply to all Job Seekers/Prosepects, Employers, and other users
who access or use the Site, or otherwise indicate their acceptance to this Agreement.
1. The SymbaSync Services
SymbaSync may make available certain job listings and other job-related contents, including links to
third-party websites (such listings and other contents, (“Job Listings” or “Job Ads”), through
SymbaSync’s search results or otherwise through the Site. Job Listings are created and provided by third
parties over whom SymbaSync exercises no control; you acknowledge and understand that we have no control
over Job Listings. Except for certain sponsored, featured or paid placements, the Job Listings contained
on, or linked from, the Site are indexed or posted in an automated manner. SymbaSync does not have any
obligation to screen any Job Listing, or to include any Job Listing in its search results or other
listings, and may exclude or remove any Job Listing from the Site for any or no reason. We cannot
confirm the accuracy or completeness of any Job Listing or other information submitted by any employer
or other user, including the identity of such employer or other user. SymbaSync assumes no
responsibility, and disclaims all liability, for the content, accuracy, completeness, legality,
reliability, or availability of any Job Listing. You agree that SymbaSync may also provide search
options to narrow down Job Listing search results by job type (i.e. full-time, part-time, etc.), and
such job types are created independently and entirely by SymbaSync, and are not a direct reflection of
the actual Job Listing.
1(a) If you are a Job Seeker/Prospect, any resume or application information that you submit through the
Site is subject to this Agreement (including Section 4 below) and to SymbaSync’s Privacy Policy. Without
limiting the foregoing, however, please note that by creating a public SymbaSync Resume through the
Site, you are requesting and authorizing SymbaSync to make available your resume to any Employer that
SymbaSync believes may have an interest in your resume. By creating or uploading an SymbaSync Resume,
SymbaSync may contact you to share Jobs/companies with you that match the contents of your SymbaSync
profile. In addition, when you indicate your interest in a Job Match through SymbaSync, you are
requesting and authorizing SymbaSync to reformat the job so that you may read it more clearly in your
phone, you are sending your profile and application information to SymbaSync, and you are requesting and
authorizing SymbaSync to make available such application information to the applicable Employer(s) for
such Job Listing(s). When you ask SymbaSync to transmit an application or a message to an Employer via
SymbaSync Apply or SymbaSync’s relay system, you understand that this is without warranty. SymbaSync
also does not guarantee that any Employer will receive, access, read or respond to any such resume or
application material, or that there will be no mistakes in the transmission of the data. However,
SymbaSync may alert you when any of the above events occur. In addition, by using SymbaSync Apply, you
agree that SymbaSync is not responsible for the content of the Employer’s application form, messages,
screener questions, testing assessments or their format and that SymbaSync does not guarantee receipt of
your application by the Employer, or your receipt of messages from the Employer. By using SymbaSync
Apply and answering screener questions, you acknowledge that Employers may have instructed SymbaSync to
send out rejection notices if you have not answered the questions in a manner that the Employer so
wishes, and you acknowledge that SymbaSync has no discretion in the transmission of these rejections.
When you apply to a job using the SymbaSync Apply button, SymbaSync will attempt to send your
application to the contact information provided to us by an Employer or their Agent. We cannot vouch for
the validity of such contact information provided to us. If you do not feel comfortable sending an
application or messages in this manner, do not use the SymbaSync Apply or SymbaSync relay functions and
please send your application or messages directly to the Employer by whatever other method you so
choose. Additionally, you consent to your application and any responses sent to you by the Employer
(including offer letters) through SymbaSync being processed and analyzed by SymbaSync according to this
Agreement and SymbaSync’s Privacy Policy. SymbaSync shall store such information regardless of whether a
job vacancy has been filled. SymbaSync may use your application materials (including public resumes and
responses to screener questions) to determine whether you may be interested in a Job Listing, and
SymbaSync may reach out to you about such Job Listing. SymbaSync 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.
1(b) If you are an Employer, when you create an SymbaSync account, a Career Site or post a Job Listing
on the Site, whether as part of the SymbaSync Ads Program or otherwise, you agree that this Agreement
and all of SymbaSync’s policies, including the SymbaSync Privacy Policy and Cookie Policy, apply to you
and to the Job Seekers using such Career Sites or indicating an interest in such Job Listings.
Specifically, when you create an SymbaSync account, SymbaSync may require that you verify your identity
through a third party service called NetVerify. By using NetVerify, you are submitting your
identification documents for verification directly to NetVerify, you are agreeing to share your
identification with NetVerify, and you agree that NetVerify is solely responsible for any use or loss of
data. SymbaSync may have access to your identification documents via NetVerify. You also agree that, as
a service to Job Seekers, SymbaSync may activate its SymbaSync Apply relay function for use in
connection with such Job Listing, and that any Job Seekers who wish to indicate an interest in such Job
Listing may only do so through SymbaSync Apply, and that SymbaSync will send applications to the email
address you provide us with. When you use the SymbaSync Apply relay function, you acknowledge and agree
that SymbaSync may add certain functions into the email, which allows you to take actions regarding the
Job Seeker including setting up an interview, viewing a resume and rejecting a candidate, and that you
consent to SymbaSync monitoring and analyzing these actions. When using the SymbaSync Apply function,
SymbaSync will attempt to send applications to the contact information provided to SymbaSync by you, the
Employer. SymbaSync 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
SymbaSync for any damages resulting therefrom. In addition, SymbaSync may, on your behalf, send out
reminder emails to Job Seekers you wish to interview. SymbaSync may also send emails to Job Seekers on
your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume.
SymbaSync is not responsible for the content of your emails, application form, screener questions or
their format, and SymbaSync 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 of the data. When you use
screener questions, you may be given the option to instruct SymbaSync 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, you agree you are instructing us to send out rejection notices to such candidates
and set them to rejected in your Employer dashboard. You further acknowledge that SymbaSync has no
discretion in the transmission of these rejections (which is purely mechanical), that transmission is
not guaranteed, and that the Job Seeker may not have answered the screener questions accurately. You
agree that SymbaSync Apply is presented to you without warranty and SymbaSync assumes no responsibility
for the communications between you and the Job Seeker, which communications are yours’ and the Job
Seekers’ sole responsibility. By using any automated phone screen product, you agree that you are
requesting SymbaSync 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 SymbaSync. You also agree
that you are only asking SymbaSync to record the Job Seeker’s answers to your screening questions and
that SymbaSync will forward you the recording of the answers to your questions. You consent to SymbaSync
listening to and analyzing the recording in accordance with SymbaSync’s Privacy Policy. When you respond
to or contact a Job Seeker who has used SymbaSync Resume, or SymbaSync Apply, you are providing
information to SymbaSync and requesting and authorizing us to make available such information to the
applicable Job Seeker. Additionally, you consent to Job Seekers’ applications and any responses sent by
you (including offer letters) through SymbaSync being processed and analyzed by SymbaSync according to
this Agreement and SymbaSync’s Privacy Policy. SymbaSync shall store such information regardless of
whether a job vacancy has been filled. You are responsible for the contents of any Career Sites that you
create, any Job Listings that you post, and any messages that you send through SymbaSync Apply or
otherwise, including any questions for Job Seekers. You agree that SymbaSync may reject or remove any
Job Listing, any part of any Career Site, or any questions for Job Seekers for any or no reason. You
shall indemnify, defend and hold harmless SymbaSync, its agents, affiliates, and licensors from any
third-party claim or liability (including without limitation reasonable legal fees) arising out of any
Career Site created by you, or any Job Listing or screener questions (or answers thereto) posted by you,
or any message sent by you (including any questions for Job Seekers contained in any of the foregoing).
SymbaSync may provide analytics data regarding your Employer account to anyone at your company at
SymbaSync’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or
account balance for any SymbaSync product, SymbaSync reserves the right to suspend or terminate your use
of that SymbaSync product as well as any other SymbaSync product, including but not limited to those
SymbaSync products where you do not have an unpaid invoice or account balance.
1(c) Regardless of whether you are an Employer or Job Seeker, when you send, store or receive materials
(including Job Listings, resumes, and messages) through or using the Site, SymbaSync may, for example,
use such materials for data analysis, quality control, or to refine the Site or any other SymbaSync
product or service (including to provide better search results and other listings for Job Seekers and
Employers), whether via automated means or otherwise. When you send, store or receive materials through
or using the Site, SymbaSync may also inform a Job Seeker that an Employer has taken an action with
regards to a Job Seeker’s application such as opening the application, viewing the application and
making a decision with regards to the application, and you hereby consent to SymbaSync taking such
actions. SymbaSync assumes no responsibility, and disclaims all liability, for the content, accuracy,
completeness, legality, reliability, or availability of any job listing, career site, job solicitation,
screener question, answer to screener question, resume information you post, send or receive through the
Site. If you see any inaccuracy in any such material, it is your responsibility to correct such
information or to contact SymbaSync to do so. SymbaSync does not promise to correct any inaccuracy.
1(d) Regardless of whether you are an Employer or Job Seeker, SymbaSync may use application materials
(including resumes and responses to screener questions) to determine whether the words of any Job
Seeker’s resume and answers to screener questions match the words of a Job Listing, and vice-versa.
Regardless of whether you are an Employer or Job Seeker, you agree and consent that SymbaSync may
differentiate those matching resumes and screener questions from those that do not match, and presenting
them to Employers as matches or not matches. SymbaSync may also use such information in order to improve
the Site or any other SymbaSync product or service (including by displaying or otherwise making
available potentially relevant Job Listings and resumes to Job Seekers and Employers).
1(e) Regardless of whether you are an Employer or Job Seeker, SymbaSync may provide certain categories
of information to you for informational purposes only. For example, SymbaSync may provide you with data
regarding estimated salaries for a certain Job Listing, or about estimated applies to a Job Listing you
may receive as an Employer. These figures provided by SymbaSync are estimates given for informational
purposes only, and they are subject to change or varying levels of accuracy. With respect to information
regarding estimated applies, if you are an Employer participating in the SymbaSync Ads Program, please
note that this is not the information you are purchasing from SymbaSync and you are not charged per
apply. SymbaSync 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
SymbaSync. These figures are given to SymbaSync users for the purpose of generalized comparison only.
Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.
1(f) Regardless of whether you are an Employer or Job Seeker, SymbaSync may provide certain types of
career-related information on its Site in the SymbaSync Career Guide. All information contained in the
SymbaSync Career Guide is for informational purposes only, and is in no way to be construed as
professional career counseling. You understand that SymbaSync 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 the
SymbaSync Career Guide, SymbaSync is not acting as a job placement agency or staffing firm. You also
understand that by referring to the SymbaSync Career Guide, you are not guaranteed job interviews, job
placement or assurance of being hired, and you take full responsibility for use of these services.
1(g) Regardless of whether you are an Employer or Job Seeker, SymbaSync may provide you an online
questionnaire relating to your industry and/or your hiring or job searching needs. SymbaSync may match a
Job Seeker’s responses to such questionnaires to determine, on the basis of the Employer’s responses to
a questionnaire about its industry and/or hiring needs, whether such Job Seeker would match the
Employer’s hiring criteria as specified in the Employer’s questionnaire responses. In the event
SymbaSync determines that a Job Seeker matches the Employer’s hiring criteria, SymbaSync may connect
such matching Job Seeker and Employer by sending a note informing both parties of the match, including
but not limited to sending an Employer a short description of a Job Seeker taken directly from the Job
Seeker’s responses to the questionnaire. In all events you will know what data we are providing to
either a Job Seeker or Employer, or upon which we relied to make the match, because you have actively
submitted it. If the Employer and Job Seeker express interest in each other, you agree SymbaSync may
provide the Employer with an email address for the Job Seeker either provided by SymbaSync or the Job
Seeker and, if you are a Job Seeker, you consent to this. Regardless of whether you are an Employer or
Job Seeker, by submitting the completed questionnaire, you agree and consent to SymbaSync (i) conducting
such matching, utilizing only material you have submitted through the questionnaire process, (ii)
presenting matching Job Seekers to Employers, and vice versa and (iii) storing and analyzing such data
submitted in response to such online questionnaires.
1(h) If you are a Job Seeker, you take a variety of actions on our Site. For example, you search for
jobs, and SymbaSync knows and stores the titles of jobs you search for, where those jobs are located,
any information, including salary interest or experience of which you have informed SymbaSync, or the
general salary range or experience level of the jobs you view (if indicated on the Job Listings), the
Job Listings you apply to or any of your other behavior on the SymbaSync site, when you use SymbaSync.
You know exactly what this data is because you are the person who undertook the activity and the data
pertains only to your activity. If you have an SymbaSync account or an SymbaSync-hosted resume, you
agree that SymbaSync may use this observed factual data to suggest jobs to you and to suggest you or
your public resume to Employers that might be interested in a person who matches your behavior on
SymbaSync. You also agree that SymbaSync may contact you based on this observed behavior. However,
please note, although information may be sent to you by a third party through the SymbaSync system, the
aforementioned behavior does not include information relayed to you.
2. External Sites
The Site contains links to other sites on the Internet which are owned and/or operated by third-party
vendors and other third parties (the “External Sites”). You acknowledge that SymbaSync is not
responsible or liable for any such third parties or for the availability of, or the materials located on
or through, any External Sites. You should contact the site administrator or webmaster for the
applicable External Site if you have any concerns regarding such links or the materials located on an
External Site.
In addition, SymbaSync may provide you with links to certain third party sites that offer you services
for your use or benefit. We may stop offering any such third party sites or services at any time. If you
choose to use such third party sites or services, you enter into an agreement with such third party
alone at your own risk. When entering into an agreement with such parties, you are giving them your data
directly and your rights and their obligations are determined by their privacy policies and terms of
service. We are not responsible for any content or services provided these third parties, and disclaim
all liability from anything that may occur when you utilize such third parties. We are additionally not
responsible for any payment that may be asked of you by such third party. You will be notified on the
site that these are third party sites and services, and not SymbaSync.
For example, SymbaSync may provide Employers with access to a third party site Interviewed.com, which
allows Employers to send Job Seekers certain skills assessment tests. SymbaSync does not review these
skills assessment tests, and any Employer’s use of them and Interviewed.com is solely at its own risk.
Additionally, SymbaSync does not grade the results of the skills assessment tests. However, an Employer
may choose to store the results of a Job Seeker’s skills assessment test on SymbaSync. SymbaSync
reserves the right to remove access to Interviewed.com for any Employer who, in SymbaSync’s sole
discretion, abuses the third party service. Any Employer who uses this product shall indemnify SymbaSync
for any and all claims arising out of its use of Interviewed.com.
3. Use of Site
SymbaSync’s Site is for your non-commercial use only. If you wish to make commercial use of the Site, or
if you wish to purchase SymbaSync services that utilize the Site, you must have a prior written
agreement with SymbaSync to do so, or have accepted SymbaSync’s online terms of service. Please contact
us for more information. We reserve the right at all times (but will not have any obligation) to
terminate users, and reclaim usernames or URLs, for any reason.
4. User Content
Some parts of the Site, such as message boards and forums, may allow users to post Job Listings, CV
information, information, text, images, audio, video, messages, and other materials (any such materials
that a user submits, posts, displays, or otherwise makes available on or through the Site is referred to
herein as “User Content”). Such functionality is designed to help users obtain career and company
information, facilitate communication, discuss ways to make career decisions, and to let users know of
jobs. User Content is provided by third-party contributors, many of whom may use anonymous screen names.
User Content may be inaccurate, incomplete, misleading or deceptive. For example, the Site hosts Company
Pages, which allow User Content to be posted by individuals that may not be affiliated with the Company
who owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages.
SymbaSync does not endorse and is not responsible for any User Content, including any opinion, advice,
information, or statement contained therein. You acknowledge that by accessing the Site, you may come
into contact with content (including User Content) that you find harmful, offensive, threatening,
indecent or objectionable, including, but not limited to, explicit language and other potentially
offensive material, and you acknowledge that SymbaSync shall have no liability with respect to such
content.
You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive,
libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or
other discriminating slurs, or that contains no relevant or constructive content. You must also not post
any User Content that contains proprietary information, trade secrets, confidential information,
advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other
unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or
encourages or causes spamming or flooding.
You are prohibited from posting any User Content containing official identification information (whether
your own or of another person), such as social security number, passport number, national identification
number, insurance number, driver’s license number, immigration number, or any other similar number,
code, or identifier. Posting such identification information may lead to identity theft and other
adverse consequences. SymbaSync may remove any such identification information, but does not undertake
any obligation to do so, and has no responsibility and disclaims all liability for any posting of such
identification information. SymbaSync reserves the right to change the display of resume on its Site,
including, but not limited to, hiding fields, rearranging its format, and changing visual elements.
Although SymbaSync has no obligation to do so, SymbaSync may monitor User Content, and reserves the
right to delete any User Content or portion thereof that, in SymbaSync’s sole discretion, violates the
above rules, including any User Content that is unrelated to the specific portion of the Site on which
it is posted, or that is an advertisement, recruiting or other commercial message, or that SymbaSync
deems in its sole discretion to be inappropriate. If you believe that any User Content violates this
Agreement or our policies, please contact SymbaSync immediately so that we may have the opportunity to
consider its removal. For clarity, SymbaSync does not have any obligation to remove any User Content,
and the interpretation of whether any User Content violates any SymbaSync policy will always remain
within the sole discretion of SymbaSync.
SymbaSync reserves the right to disclose all User Content and other relevant information, and the
circumstances surrounding their transmission, 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 SymbaSync may honor subpoenas, search warrants,
law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other
properly requested information. As an Employer, when you post a Job Listing on SymbaSync that you choose
to list as confidential, your identity may be discoverable by request from the government or law
enforcement.
Without limiting the generality of the foregoing, SymbaSync reserves the right (but is under no
obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers.
Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job
Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their
gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing
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 that directly or indirectly discriminate against Job Seekers or otherwise violate applicable
law.
Please note: Section 230 of the U.S. Communications Decency Act provides that:
(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).
5. License to User Content and Feedback
Only to the extent permitted by law, if you post content or submit material to SymbaSync, including
photographs or material you submit for a job solicitation hosted on SymbaSync, you grant SymbaSync a
nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free,
sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell,
sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit
all such content and materials for the purpose of publishing material on the SymbaSync website or its
publisher partners, maintaining the SymbaSync website and promoting SymbaSync without restriction.
Furthermore, you grant to SymbaSync, its affiliates, and sublicensees the right to use your name, user
name, and/or trademarks and logos in connection with any such User Content or SymbaSync marketing
materials. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to SymbaSync
for association with a particular Job Listing, SymbaSync shall not post such content anywhere other than
the Employer(s)’s Job Listing.
You represent and warrant that: (i) you own the User Content that you submit, post, display, or
otherwise make available on or through the Site, or that you otherwise have the right to grant the
license set forth in this section, (ii) such User Content, and its submission, posting, display or
availability on or through the Site does not violate applicable law or the privacy rights, publicity
rights, copyrights, contract rights, intellectual property rights or any other rights of any person or
entity, and (iii) such submission, posting, display or availability on or through the Site does 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 or entity by reason of such User Content. You
agree to defend, indemnify and hold harmless SymbaSync 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 SymbaSync to locate and remove such User Content on the Site; © 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. There may be a charge for answering and executing such a
request; please contact SymbaSync for more details.
At your discretion, you may provide feedback and related materials to SymbaSync concerning the
functionality and performance of the Site from time to time, including, without limitation, identifying
potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through
your evaluation or otherwise, provide any Feedback, you hereby grant to SymbaSync 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. You
agree that SymbaSync may disclose any or all Feedback to any third party in any manner, and you agree
that SymbaSync may sublicense any or all Feedback in any form to any third party without restriction. By
providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and
without restriction, and will not place SymbaSync under any fiduciary, confidentiality or other
obligation, and that we are 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. You further
acknowledge that, by accepting any Feedback, SymbaSync does not waive any rights to use similar or
related ideas previously known to SymbaSync, or developed by its employees, or obtained from sources
other than you.
6. Site Rules
You agree not to access (or attempt to access) the Site by any means other than through the interface
that is provided by SymbaSync, unless you have been specifically allowed to do so in a separate, written
agreement with SymbaSync. You agree that you will not engage in any activity that interferes with or
disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been
specifically permitted to do so in a separate, written agreement with SymbaSync, you agree that you will
not reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are
solely responsible for (and that SymbaSync has no responsibility or liability to you or to any third
party for) any breach of your obligations under this Agreement and for any consequences (including any
loss or damage which SymbaSync may suffer) of any such breach.
You agree that you shall not transmit to SymbaSync or upload to or through the Site (whether as User
Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain.
“Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,”
“time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door
devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept,
expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or
communication, based on any event, including for example but not limited to (i) exceeding a number of
copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a
particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized
person to cause such result; or © would enable an unauthorized person to access another person’s
information without such other person’s knowledge and permission. Without limiting the foregoing and by
way of example only, users may not:
Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited
to:
sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law;
imitating or impersonating another person or his, her or its email address, or creating false accounts
for the purpose of sending spam;
data mining any SymbaSync property;
sending messages to users who have asked not to be contacted;
selling, exchanging or distributing to a third party the contact information of any person without such
person’s knowledge of, and continued consent to, such disclosure; and
using SymbaSync contacts in violation of SymbaSync policy, as determined by SymbaSync, including, for
example, as indicated by low response rates from those persons contacted.
Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent,
infringing, obscene, or otherwise objectionable content, or offer to do the same. SymbaSync may block
the transmission of such content.
Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other
Harmful Code or items of a destructive or deceptive nature.
Conduct or forward pyramid schemes or similar programs.
Transmit content that may be harmful to minors.
Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent
yourself or the source of any email.
Transmit another’s intellectual property or other proprietary or confidential information without such
owner’s or licensor’s permission. Users who repeatedly post intellectual property owned by others will
be banned from SymbaSync.
Violate the legal rights (such as rights of privacy and publicity) of others.
Promote or encourage illegal activity.
Interfere with other SymbaSync users’ enjoyment of the Site.
Create multiple user accounts in connection with any violation of the Agreement or create user accounts
by automated means or under false or fraudulent pretenses.
Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any
SymbaSync account.
Modify, adapt, translate, or reverse engineer any portion of the Site.
Remove any copyright, trademark or other proprietary rights notices contained in or on the Site.
Reformat or frame any portion of the web pages that are part of the Site without SymbaSync’s explicit
written permission.
Contact other SymbaSync users about multi-level marketing (MLM) programs, jobs that require payment to
start, or any topics SymbaSync considers detrimental to its users.
Create multiple SymbaSync accounts without permission.
Create multiple SymbaSync accounts not under your corporate or company name, in order to attempt to
achieve higher visibility in the free-to-post system.
Bypass any limitations or suspensions of functionality.
Provide false information.
Scrape the SymbaSync Resume database
SymbaSync reserves the right to use any User Content (including the content of messages or material sent
through or to the Site or SymbaSync) to prevent potentially illegal or tortious activities, or any other
activities that are detrimental to other users. SymbaSync reserves the right to use a variety of methods
to detect and block the above anomalous activity and to screen User Content to prevent abuse such as
spam or fraud. If you use the Site, you consent to SymbaSync enforcing these rules, which may result in
a temporary or permanent suspension or termination of your account or use of certain functions of the
Site, including but not limited to the email relay function, for some users, with or without notice, and
SymbaSync shall not be responsible or liable for any such suspension or termination, including any
consequences thereof. SymbaSync reserves the right to drop any message 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.
7. Registration; Contact Information
Some areas of the Site, including areas that may permit you to set up an SymbaSync account, require you
to register or provide an email address. If you so register, you agree to (a) provide true, accurate,
current and complete information about yourself as prompted by our registration form (including your
email address) and (b) be responsible for the confidentiality and use of your username and password, and
not transfer or resell your use of or access to the Site to any third party. Please note, that any
individuals with whom you have shared your username and password, and are able to answer verification
questions about your SymbaSync account, may receive access to information regarding your SymbaSync
account. SymbaSync is not responsible and disclaims all liability if your email is used improperly or
falsely by a third party. In some instances, multiple users may be linked to the same account (“a Linked
Account”). By registering for an SymbaSync account, you agree to receive mandatory email updates
regarding anomalous activity to your SymbaSync 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. A Linked Account is created when the
primary account owner of an Employer account invites other users to the same account. When using a
Linked Account, all users within the same Linked Account have access to the communications and actions
of all other users within the Linked Account, and you consent to such access.
We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim
usernames or URLs.
You agree that SymbaSync may, as part of its services to you, communicate with you, or initiate
communication with you on behalf of a third party, through your SymbaSync account or through other means
such as email, telephone (including mobile phone), or postal mail, including through the use of contact
information that you may provide to SymbaSync or that SymbaSync may otherwise obtain from third-party
sources. By providing SymbaSync with a mobile phone number, you expressly consent to receiving
communication via such mobile number.
8. Disclaimer of Warranties
SymbaSync 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 SymbaSync search results (including Jobs Listings) or otherwise made available on the Site by
SymbaSync or third parties (including User Content), regardless of whether paid for or used for free.
SymbaSync disclaims any responsibility or liability for the accuracy, content, completeness or
reliability of information provided by SymbaSync for informational purposes only, including but not
limited to, SymbaSync Analytics data like estimated applies or organic traffic, and salary information.
You acknowledge you are not paying SymbaSync for the aforementioned information. SymbaSync disclaims any
responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any
information, emails or material (including User Content). SymbaSync 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 SymbaSync be
liable to you or any third party on account of your use or misuse of or reliance on the Site.
Additionally, under no circumstances shall SymbaSync 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 SymbaSync’s Site.
SymbaSync 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, account login, or any other Services
provided by SymbaSync as a result of technical problems or traffic congestion on the Internet or any any
third party website 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 SymbaSync 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.
THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, USER CONTENT, PRODUCTS AND
SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER
EXPRESS OR IMPLIED. SYMBASYNC 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, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SYMBASYNC 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 MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS
AND SERVICES AVAILABLE ON OR THROUGH THE SITE. SYMBASYNC 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 SYMBASYNC.
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.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SYMBASYNC OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE
LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION
OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
INDEMNITY, OR OTHERWISE, EVEN IF SYMBASYNC 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, WITHOUT
LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA.
SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE 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
SYMBASYNC 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 SYMBASYNC TO USE THE SITE.
Without limiting the foregoing, under no circumstances shall SymbaSync or its affiliates, or its or
their third-party licensors, be liable for any delay or failure in performance resulting directly or
indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including,
without limitation, Internet failures, computer equipment failures, telecommunication equipment
failures, other equipment failures, electrical power failures, strikes, labor disputes, riots,
insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions,
acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals,
non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
10. 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 SymbaSync infringe your
copyright, you (or your agent) may send us a notice requesting that the material be removed, or access
to it 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); © identification of the material that is claimed to
be infringing or the subject of infringing activity, and information reasonably sufficient to allow
SymbaSync 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 SymbaSync 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 in writing to SymbaSync info @ SymbaSync.com) (remove spaces when sending email. 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.
11. Governing Law and Dispute Resolution
If you are a Job Seeker: this Agreement and any dispute arising out of or in connection with this
Agreement (“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 Texas, United
States of America, if you are located in the United States, or the laws of 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 Scotland, U.K. Each of the Parties hereby consent to the exclusive personal jurisdiction of
the federal or state courts located in Scotland, U.K.
As of July 1, 2017, the following clause will go into effect: [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.]
If you are an Employer: this Agreement and any Dispute arising out of or in connection with 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 Scotland, U.K.
12. Class Action Waiver
By using the Site and in return for the services offered by SymbaSync, you acknowledge that SymbaSync
can only offer you these services under the terms and conditions as presented herein. As partial
consideration for your use of the Site and these services, you (either an Employer or Job Seeker) agree
not to sue SymbaSync 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 SymbaSync regarding your
use of the Site. Additionally, as a Job Seeker, your use of the Site is at no charge and you acknowledge
that part of the price you are paying to use this Site is your acceptance of these terms of service
including this Class Action Waiver. 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. Filtering
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
(http://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Company
does not endorse any of the products or services listed on such sites.
14. Information or Complaints
If you have a question or complaint regarding the Site, please e-mail info@SymbaSync.com 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, CA 95834, or by telephone
at (916) 445–1254 or (800) 952–5210.
15. Miscellaneous
This Agreement constitutes the entire agreement between the parties with respect to the subject matter
hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or
oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective
only if in writing and signed by SymbaSync. This Agreement, together with any amendments and any
additional agreements you may enter into with SymbaSync in connection with the Site, shall constitute
the entire agreement between you and SymbaSync concerning the Site. If any provision of this Agreement
is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of this Agreement, which shall remain in full force and
effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a
document signed by an authorized representative of each party. For the avoidance of doubt, email or
phone communication between you and an SymbaSync employee shall not constitute an amendment or
alteration of this Agreement.
By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all
applicable laws and regulations, including U.S. & U.K. 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.
or U.K. government embargo or other restriction, or that has been designated by the U.S. or & U.K.
government as a “terrorist supporting” country; (b) on any of the U.S. or U.K. government lists of
restricted end users. 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 SymbaSync’s
proprietary rights in them.
You understand and acknowledge that SymbaSync or its affiliates, or its or their licensors, owns all
right title and interest to the Site and all proprietary rights associated therewith. SymbaSync 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.
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 or United Kingdom to an address outside the United States or
United Kingdom, or from an address outside of the United States or United Kingdom to an address inside
the United States or United Kingdom, you will continue to be bound by this Agreement with the same
SymbaSync 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 SymbaSync party identified in the first paragraph of this Agreement with respect to such new
territory.
Any notices to SymbaSync must be sent to info @ SymbaSync.com. 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 in your SymbaSync Ads interface).
You may not assign or delegate any of your rights or obligations hereunder without SymbaSync’s prior
written consent and any such attempt is void. SymbaSync may freely assign or delegate its rights and
obligations hereunder without notice to you. Additionally, SymbaSync may assign any agreement between
you and SymbaSync to any related SymbaSync entity by informing you of such assignment. SymbaSync and you
are not legal partners or agents, but are independent contractors.
16. 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 SymbaSync in accordance with the “Information 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, SymbaSync’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.
17. The SymbaSync Apps
By using any of the SymbaSync Apps, including but not limited to the SymbaSync LIVEMatch, SymbaSync
Report, SymbaSync Organisation, SymbaSync Prospect, or others, you agree that all of the terms and
conditions found herein apply to your use of the SymbaSync App. Additionally, you agree that the
SymbaSync App may send you push notifications, if you turn on receipt of notifications and/or sign up to
receive notifications. By downloading and using the SymbaSync App, you are asking SymbaSync to make
formatting changes to any Job Listings as they appear on your phone, in order to enable you to utilize
your SymbaSync Report. You further acknowledge that your use of the SymbaSync Apps may require use of
your data plan from your cellular provider. You are responsible for payment of all data usage accrued
based on your use of the SymbaSync App, and SymbaSync disclaims all responsibility for such data usage.
In addition, if you allow SymbaSync Apps to utilize location services, the SymbaSync Apps may suggest to
you and collect from you certain information based on your geographic location.
18. Use of Site by Minors
The Site is not directed to individuals under the age of fourteen (14), but if you are under the age of
18 or the age of majority in your jurisdiction, you must use SymbaSync under the supervision of a parent
or legal guardian, or responsible adult.
B. SymbaSync Resume/CV Program Terms
These SymbaSync Resume Program Terms or SymbaSync CV Program Terms (collectively, “IRP Terms”) form a
part of, and are incorporated into, the SymbaSync Terms of Service (the “Agreement”), and apply to any
Employer that accesses or uses the SymbaSync Resume Program, or that otherwise indicates its acceptance
of these SymbaSync Resume Program Terms.
Any capitalized terms that are used but not defined in these IRP Terms have the meaning set forth in the
Agreement.
1. The Program
Use of the SymbaSync LiveMatch (“Program”) by an individual who posts his or her data on the Site
(hereinafter, “Owner”) or Employer on or through the Site is subject to all applicable SymbaSync
best-practice guidelines, policies and other terms and conditions made available to you, including
through the Site, which may be modified at any time. You shall not use any information obtained from the
Site except for internal use in selecting and contacting Owners, through SymbaSync, for purposes of
filling your Job Listings. You are expressly forbidden from using any product or system intended to
extract the information from a Profile, in order to circumvent the contact system. Use of such system
will result in your immediate termination from the Program. In addition, as a feature of the IRP,
SymbaSync may send emails to Job Seekers on your behalf indicating that your Job Listing is potentially
a match for the Job Seeker’s resume.
IMPORTANT NOTICE : YOU EXPRESSLY AGREE THAT: in purchasing or obtaining access to the Program, you agree
to pay to SymbaSync the amount indicated on the Site so that SymbaSync will facilitate your sending of a
message, indicating your interest, to the email address that the relevant resume submitter has provided
to SymbaSync. SymbaSync does not guarantee that the email address is still in use, that such message
will be received, that such message will be read, that such message will be acted upon by any potential
Owner, or that any Owner’s resume is valid, accurate or complete in any respect. In addition, in accord
with the Agreement, you expressly agree that SymbaSync does not allow its Resume Contact service to be
used in a spam like manner, which SymbaSync defines as sending requests for job positions to persons who
are, as indicated by SymbaSync experience and Resume Owner behavior and reaction, unsuited for the role.
SymbaSync reserves the right to disable SymbaSync Resume contact service for any user who, in
SymbaSync’s sole discretion, violates these IRP Terms, including the foregoing term. We reserve the
right to drop any message 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. The only acceptable use of the IRP is for you
to contact a Resume Owner through SymbaSync regarding a Job Listing or potential employment. No other
uses of the IRP are permitted. Scraping the SymbaSync Resume database or using the SymbaSync Resume
database for any other purpose except as allowed will result in legal action being taken against you.
In the event phone numbers are provided by the Job Seeker in the resume, SymbaSync does not guarantee
their validity and can not confirm whether such numbers are landlines or cell phones. You agree to call
Job Seekers regarding relevant job opportunities only. It is your sole responsibility to comply with all
TCPA guidelines, including laws against automated telephone dialing systems.
2. Cancellation
Once you have requested that SymbaSync contact a Profile Owner, you may not revoke such request.
3. Your Information
You represent and warrant that all information you provide to SymbaSync is correct and current. You
represent to SymbaSync that you are an Employer interested in considering the Profile Owner as a
potential employee.
4. Disclaimer and Limitation of Liability
SYMBASYNC’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, SYMBASYNC 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 SYMBASYNC IS VALID, THAT ANY
EMAIL SENT BY SYMBASYNC 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.
SYMBASYNC AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER
WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY
PURPOSE.
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 IRP 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 IRP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO SYMBASYNC BY YOU FOR THE SYMBASYNC RESUME
SERVICE GIVING RISE TO THE CLAIM.
5. Payment
You shall be charged if, and as, indicated by 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 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, or Japanese Yen. Charges
are exclusive of taxes, including VAT. You will be charged all taxes as applicable and appropriate. You
are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and
attorney fees SymbaSync incurs collecting late amounts. If you are in Japan, Japanese consumption tax
will apply on the import of all SymbaSync products and services. You waive all claims relating to
charges unless claimed within 60 days after the charge (this does not affect your credit card issuer
rights). Refunds (if any) are at the absolute discretion of SymbaSync and only in the form of credit for
SymbaSync services. You acknowledge and agree that any credit card and related billing and payment
information that you provide to SymbaSync may be shared by SymbaSync with companies who work on
SymbaSync’s behalf, such as payment processors and/or credit agencies, solely for the purposes of
checking credit, effecting payment to SymbaSync and servicing your account. SymbaSync 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. SymbaSync 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 SymbaSync shall have no liability whatsoever therefor.
Invoices may be provided to you via electronic mail.
6. Indemnification
You shall indemnify, defend and hold harmless SymbaSync, its agents, affiliates, and licensors from any
third-party claim or liability (including without limitation reasonable legal fees) arising out of any
contact you have with the recipient (or intended recipient), any email you request to be sent pursuant
to these IRP Terms, or any phone call or text message you make to a recipient.
7. Disclaimer and Limitation of Liability
SYMBASYNC’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, SYMBASYNC AND ITS AFFILIATES, AND ITS AND THEIR
THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. SymbaSync and its affiliates, and its and
their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of:
(i) costs per click, (ii) click through rates, (iii) delivery of any impressions on any Partner Property
or SymbaSync Property or sections of such properties, (iv) clicks, (v) conversions for any Creative, or
(vi) interest in your Job Listing. A CLICK ON YOUR JOB LISTING DOES NOT GUARANTEE INTEREST IN SUCH JOB
LISTING. 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 IAP
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 IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO SYMBASYNC BY YOU
FOR THE JOB ADS GIVING RISE TO THE CLAIM.
6. Indemnification
You shall indemnify, defend and hold harmless SymbaSync, 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, Creative, site or Your Services, or breach of these IAP Terms.
SymbaSync’s Role:
SymbaSync does not act as an employment agent by providing the SymbaSync Prime product. SymbaSync merely
provides a tool enabling Candidates and Employers to connect with each other. Candidates and Employers
are solely responsible for the information provided in any resume or profile, 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 SymbaSync Prime.
You understand that SymbaSync Prime does not inquire into the backgrounds of its Candidates or Employers
or attempt to verify the statements of its Candidates or Employers, and that you are responsible for (1)
conducting any background checks, reference checks, or other due diligence that you may require before
making an offer of employment to a Candidate or accepting an offer of employment from an Employer, and
(2) complying with all laws and regulations relating to the intended employment of any Candidate. If you
are a Candidate, you agree that any rights you have under the Fair Credit Reporting Act, any
corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other
countries may only be asserted against the Employer.
SymbaSync is not a third party to or liable for any agreements between an Employer and Candidate,
regardless of whether or not SymbaSync receives a fee from the Employer in connection with the
transaction. SymbaSync will not be liable for any costs or damages arising out of or related to such
transaction.
Subscription Model:
Under the Subscription Model, Employers agree to pay upfront an initial subscription fee for a period of
time specified in any SymbaSync insertion order or online pricing page (each subscription period to be
referred to as a “Term”).
The Subscription Model shall automatically renew for additional Terms. If you wish to cancel your
Subscription, you must do so no later than 15 days prior to the end of any Term. No refunds will be
given for payment made during any Term.
Under the Subscription Model, payment is due upon receipt of an insertion order or confirmation email,
confirming your purchase, unless agreed upon otherwise with your Account Executive.
5. Confidentiality
You agree to keep all information gained from using SymbaSync Prime confidential. You agree that (1) you
will use any content submitted by Candidates in accordance with applicable privacy and data protection
laws; (2) you will not disclose the names or identities or share the profile of any Candidates in any
List outside of your recruiting or hiring department; AND (3) you will take appropriate physical,
technical and administrative measures to protect content you obtain through use of SymbaSync Prime from
loss, misuse, unauthorized access, disclosure, alteration or destruction. You also agree not to post,
publicly disclose or disseminate any job offers which you become aware of through SymbaSync Prime.
You agree that by SymbaSync may call you at the phone number provided to SymbaSync, including cell phone
numbers. You further agree that SymbaSync provides email proxy and relay tools to the users of SymbaSync
Prime and that SymbaSync may monitor, review, store and analyze your content (including your profile,
applications, communications and responses) to provide you with personally relevant product features,
prevent fraud, reduce unwanted mail, and provide quality control.
If you decide to take the HackerRank challenge or any other external testing, such results will only be
maintained and used internally by SymbaSync and will never be passed to a third party.
Employer agrees that SymbaSync is entitled to publish the details of all non-binding offers made and the
identity of those parties that have made such offers, unless the Employer has elected to remain
anonymous.
6. Disclaimer and Limitation of Liability
SYMBASYNC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
WARRANTY THAT THE CANDIDATE PROFILE INFORMATION THAT HAS BEEN PROVIDED TO SYMBASYNC IS VALID, THAT THE
COMMUNICATION SENT BY AN EMPLOYER WILL REACH THE INTENDED RECIPIENT, THAT THE INTENDED RECIPIENT OF THE
COMMUNICATION SENT AT YOUR REQUEST WILL READ THE EMAIL, OR THAT THE INTENDED RECIPIENT OF YOUR REQUEST
WILL ACT UPON SUCH REQUEST. SYMBASYNC EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WITHOUT
LIMITATION NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR JOB.

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