Terms of Service


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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