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VIDCRUITER CLIENT TERMS AND POLICIES

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VIDCRUITER TERMS OF USE

Last Updated: Aug 14, 2024

IMPORTANT: THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS UNDER WHICH YOU ARE ACQUIRING A LICENSE FROM VIDCRUITER INC. OR ITS AFFILIATES. (“VIDCRUITER”) TO USE THE SERVICE (AS DEFINED BELOW). IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT PLEASE DO NOT ACCESS OR USE THE SERVICE.

IF YOU ARE AN AGENT OR EMPLOYEE OF AN ENTITY, YOU REPRESENT AND WARRANT THAT (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY’S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT.

1. Registering as a Customer.

In order to become a Customer and fully use the Service, You must fill out the registration form on a Website, submit an order form through a Website and pay the applicable subscription fees. Order Forms must be accepted by VidCruiter before these terms will become binding on VidCruiter. To register, Customers will be required to provide the following information: contact business email address, company name, and telephone number. Fees are non-refundable and VidCruiter reserves the right to use the capabilities of the Service to assess use of the Service and determine costs. If Customer incurs any overages, VidCruiter will notify Customer and Customer will be obligated to pay the costs associated with the same.

2. Definitions.

“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.
“Control”, for purposes of this Agreement, means direct or indirect ownership or control of more than fifty percent (50%) of the voting interests of the subject entity.
“Agreement” means these Terms of Use and the Order Form.
“Applicant” means any individual whom is interviewed or is invited to an interview by a User through the Service.
“Applicant Data” means all data provided by an Applicant to Customer (including any User) through the Service, including the content of any interviews conducted through the Service.
“Customer” means the individual or entity entering into this Agreement to receive the Service from VidCruiter and whose details are set out in the Order Form.
“Customer Data” means all data derived from Customer and/or its Users’ and Applicants’ use of the Service and expressly includes Applicant Data.
“Documentation” means the technical documentation for the Service provided by VidCruiter as updated by VidCruiter from time to time.
“Hires” means Applicants subsequently employed or engaged by Customer.
“Malicious Code” means viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.
“Order Form” means an order form for the Service completed by Customer which incorporates these Terms of Use.
“Service” means VidCruiter’s software-as-a-service offering that enables Users to use VidCruiter’s recruiting software.
“Service Fees” means the fees (as specified in the Order Form) payable by Customer to VidCruiter for the right to receive access to the Service.
“Term” has the meaning given in Section 13.1.
“User” means any individual or entity who is authorized by Customer in writing or through the Service to use the Service (including without limitation any employee, contractor or similar of Customer;
“Website” means www.VidCruiter.com, www.hiringplatform.com, www.hiringplatform.ca, www.hiringplatformau.com, www.hiringplatform.co.uk and www.hiringplatformeu.com or such other website(s) as VidCruiter may make the Service available through.

3. Grant of License.

3.1 Provision of Service. Conditioned on compliance with the provisions of this Agreement and payment of the Service Fees, VidCruiter shall make the Service set out in the applicable Order Form available to Customer during the Term. Customer’s right to use the Service during the Term shall be in accordance with any additional conditions, restrictions or parameters specified in the applicable Order Form executed by VidCruiter and Customer.
3.2 Usage Limitations. The Service includes access by unlimited Users but usage is capped to the number of Hires or the number of interviews set out in the applicable Order Form for the applicable subscription term. VidCruiter reserves the right to charge an overage in respect of the actual number of Hires or interviews conducted through the Service if greater than the amount set out in the applicable Order Form.
3.3 Customer Affiliates. Customer Affiliates may use the Service subject to the terms of this Agreement. Customer shall cause each Customer Affiliate to comply with the terms and conditions of this Agreement to the full extent as if such Affiliate were a party hereto, and any act or omission relating to this Agreement by such Customer Affiliate shall be deemed an act or omission of Customer. In addition, each party may use one or more Affiliates to perform its obligations under this Agreement, provided that such use shall not affect such party’s obligations hereunder and any act or omission by such Affiliate relating to this Agreement shall be deemed an act or omission of such party.

4. Use of the Service.

4.1 VidCruiter Responsibilities. VidCruiter shall: (i) maintain data security procedures and safeguards in accordance with good industry practice with respect to the security and integrity of the Service and the Customer Data; (ii) provide basic support to Customer's Users, at no additional charge; and (iii) use commercially reasonable efforts to make the Service available twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned downtime (of which VidCruiter shall give at least eight (8) hours’ notice via the Service and which VidCruiter shall schedule to the extent reasonably practicable during the weekend hours from 6:00 p.m. Eastern Standard Time Friday to 3:00 a.m. Eastern Standard Time Monday); or (b) any unavailability caused by circumstances beyond VidCruiter's reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving VidCruiter employees), computer, telecommunications, Internet service VidCruiter or hosting facility failures or delays involving hardware, software or power systems not within VidCruiter’s possession or reasonable control, and denial of service attacks.
4.2 Customer Responsibilities. Customer is responsible for all activities that occur in User accounts resulting from Customer, its employees’, contractors’ and agents’ access to and use of the User accounts and for its employees’, contractors’ and agents’ compliance with this Agreement. Customer shall: (i) use commercially reasonable efforts, including complying with all reasonable instructions provided by VidCruiter, to prevent unauthorized access to, or use of, the Service, and notify VidCruiter promptly of any such unauthorized access or use; and (ii) comply (and ensure its Users comply) with all applicable local, state, federal and foreign laws and regulations in using the Service, including without limitation all applicable privacy, communications and export control laws and regulations.
4.3 Customer’s use of the Service: Customer acknowledges that Customer is solely responsible for employment practices, including but not limited to use of the Service in its recruitment activities. Customer further acknowledges and agrees as follows:
1. Use of the Service should be only one element of a comprehensive recruitment process;
2. Customer will use the Service and associated products and services only in accordance with applicable laws.
3. VidCruiter has no role in determining or control over the legality, quality, or propriety of Customer's hiring or employment practices or the results of any hiring process and it is Customer’s sole obligation to determine whether to use certain aspects of the Service and recommendations or suggestions from VidCruiter are solely to assist Customer and do not constitute advice on a course of conduct.
4. Tests, interview questions and other resources made available within the Service are not intended for any use other than recruitment;
5. ensuring that the process as well as all questions (even samples provided by VidCruiter) are legal in their jurisdiction;
6. Customer’s hiring process must not be discriminatory and appropriate accommodations made for Applicants including making alternative interview methods available to any applicant that is not willing or able to conduct an interview through the VidCruiter process including for any legally protected reason;
7. implementing terms of use and a privacy policy governing Customer’s relationship with Applicants in such detail as may be required by law (including without limitation in respect of all aspects of the Service used by Customer in relation to an Applicant’s personal information, which may include optional features such as the Hiring Manager Profile Link Service (as further described in Section 4.10 below) or social media checks);
8. including within Customer’s terms of use and privacy policy provisions making it clear that Customer, not VidCruiter is responsible for any claims or liabilities relating to Customer’s and its Users’ use of the Services (including access to and use of the Hiring Manager Profile Link Service and processing of Applicant Data);
9. if applicable, ensuring appropriate consents are obtained from Applicants for communication by SMS/text messaging through the Service; and
10. shall not remove any opt-out link embedded in the email features of the Service (as further described in Section 4.8 below) or use the email service to send unsolicited messages to third parties.
4.4 Applicants. Applicants will be required to agree to a terms of use and privacy policy governing their access and use of the Service and providing information about the operation of the Service and terms relating to use of their data and responsibilities of the entity(ies) using the Service to interview and communicate with them. Customer acknowledges that VidCruiter facilitates remote recruitment activities through the provision of access to the Service and VidCruiter has no control over the truth or accuracy of information provided by Applicants’, Applicants’ integrity or ability to perform job responsibilities or other acts or omissions of Applicants through the Service.
4.5 Service Usage Restrictions. Customer shall not (and shall not allow any third party to): (a) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Service; (b) circumvent any user limits or other timing or use restrictions that are built into the Service; (c) remove any proprietary notices, labels, or marks from the Service; (d) frame or mirror any content forming part of the Service; or (e) access the Service in order to (i) build a competitive product or service, or (ii) copy any ideas, features, functions or graphics of the Service.
4.6 Publicity. Subject to the prior written consent of the referenced party, each party may reference the name of the other party as a customer or vendor and may use the logo of the other party for such purpose. Any other publicity shall only be with the prior written consent of the other party.
4.7 Video Features. Through the features of the Service, Customer may have the option to permit Applicants to re-record their interviews. Re-recorded interviews (even if not complete) will replace previous interview content which will not be able available for viewing. In addition, if Applicants do not complete an interview session, there may no recording available for review for such Applicants. Although the video interview process is outlined within the software for Users and Applicants, it is always Customer’s responsibility to ensure that Applicants understand the interview process facilitated by the Service and how their personal information will be used.
4.8 Email Feature. Customer may choose to have VidCruiter transmit white-labelled messages to Applicants through the Service on Customer’s behalf. To enable this feature, Customer will need to make changes to Customer’s DNS records as described in the configuration requirements made available by VidCruiter. By enabling this feature, Customer grants VidCruiter permission to transmit such messages on Customer’s behalf.
4.9 Accessibility Features. The Service contains features and functionality to assist users in complying with their obligations to accommodate Applicants. Some of these features cannot be turned on without Customer consent on a case-by-case basis depending on the type of requirement for accommodation. It is Customer’s responsibility to inform VidCruiter if Customer wants, with respect to accessibility, certain features switched on or requires further information about what features are available and how to properly use them. Customer must always ensure that Customer’s use of the Service is in compliance with the laws applicable to Customer’s recruitment process.
4.10 Hiring Manager Profile Link Service. Customer may elect to use an optional tool within the Service which enables Customer (and anyone to whom Customer or its Users has provided the link) access to an Applicant’s information including their personally identifiable information and video interviews) without inputting a password due to a request to turn passwords off. The links are not indexed by search engines. This tool may be titled “Shareable Link Profile”, “Rating Link Profile” or similar in the Service or as otherwise clearly notified by VidCruiter to Customer and each link to an Applicant’s profile and data may be referred to as a “Profile Link”. Customer must notify VidCruiter in writing that this feature should be enabled and that the default password protection in the system be disabled for ease of use of sharing Applicant profiles internally. Customer is solely responsible for obtaining all requisite consents from Applicants for the use of and distribution of their personal information through the Hiring Manager Profile Link Service. Customer acknowledges that use of the Hiring Manager Profile Link Service carries the risk of inadvertent disclosure of personal information of Applicants, particularly if Customer has not selected the option of a password to access a Profile Link, including through the sharing of a Profile Link (and/or the associated password, if applicable) to the Hiring Manager Profile Link of an Applicant with any third party. Customer acknowledges that it is solely responsible for such risk and shall indemnify and hold VidCruiter harmless from any claim, loss, damages, liabilities or costs that may arise from its Users (i) unlawfully disclosing any personal information of any Applicant through such use; or (ii) sharing or making available, directly or indirectly a Profile Link (and/or the associated password, if applicable to the Profile Link) with any third party.

5. Third-Party Products and Services

5.1 Generally. VidCruiter may make available access to a suite of complementary products and services (“Third-Party Offerings”) offered by third-party providers (“Providers”). Although VidCruiter may provide certain services on requests such as; facilitating custom requests for recruitment tests, pre-employment personality tests, pre-employment skill tests, and games, interview questions databases, job board distribution, background checks, connections to other Applicant tracking systems or payroll systems, onboarding documentation, and e-signatures for hiring or onboarding, the relevant Provider is solely responsible for its Third-Party Offering, including support or its platform or API and for stipulating the terms on which access to the applicable Third-Party Offering is provided. Use of any Third-Party Offering is always at the Customer’s discretion and Customer’s sole risk and any problems with a Third-Party Offering should be resolved in the first instance with the applicable Provider unless the Order Form stipulates that VidCruiter will be the support provider.
5.2 Order Process. To order a Third Party Offering, the Customer must execute an order form with this line item added on the VidCruiter order form or that specific third-party order form. Customer grants VidCruiter permission to allow the applicable Provider to access any data or other materials held by VidCruiter and to take any other actions as required to facilitate the provision of the Third Party Offering. The terms on which the Customer is permitted to use the Third-Party Offering are solely between the Customer and the Provider.
5.3 Third Party Tests and Other Third-Party Content. Quizzes, tests and questions may be made available through the Service from third party providers and custom tests may be commissioned (collectively “Third-Party Test Materials”). Unless otherwise agreed on an Order Form, all Third-Party Test Materials are provided under license for the shorter of: (i) twelve (12) months; and (ii) termination or expiration of Customer’s subscription to the Service.
5.4 Disclaimer. VIDCRUITER DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR SERVICE. Customer waives any right to claim against VidCruiter in respect of any Third Party Offering and shall indemnify and hold us and our affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of a Third-Party Offering or your relationship with any Provider.
5.5 Issues/Problems with Third Party Materials. Any issues with or complaints in relation to Third Party Test Materials or other Third-Party Offerings should be notified promptly to VidCruiter.

6. Fees & Payment.

6.1 Fees. In consideration for the receipt of the Service, Customer shall pay VidCruiter the Service Fees, all as specified in the Order Form. All amounts are payable in the currency stated in the Order Form. Fees may be updated by VidCruiter from time to time with effect from the start of the next Renewal Term (if any) by giving Customer not less than sixty (60) days’ notice in writing prior to the start of such Renewal Term.
6.2 Invoicing & Payment. Unless otherwise stated in an Order Form, Fees for the Service will be invoiced on an annual basis and all undisputed Service Fees (being Service Fees that are not subject to a reasonable and bona fide dispute) are due net thirty (30) days from the invoice date. The invoice date will be on the date Customer signs the SaaS agreement and on the anniversary of this date for subsequent years. Customer is responsible for maintaining complete and accurate billing and contact information with VidCruiter.
6.3 Overdue Payments. Any payment not received from Customer by the due date may accrue (except with respect to charges then under reasonable and good faith dispute), at VidCruiter’s discretion, late charges at the rate of 1.5% of the outstanding balance per month (18.00% per annum), or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. If VidCruiter pursues collection efforts against Customer due to Customer’s failure to pay fees due under this Agreement, Customer will pay VidCruiter’s costs of collection, including any legal fees related thereto.
6.4 Taxes. Unless otherwise stated, VidCruiter's fees do not include any direct or indirect local, state, provincial, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, goods and services, harmonized, use or withholding taxes (collectively, "Taxes"). Customer is responsible for paying all Taxes associated with its purchases hereunder, excluding taxes based on VidCruiter's net income or property. If VidCruiter has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, the appropriate amount shall be invoiced to and paid by Customer, unless Customer provides VidCruiter with a valid tax exemption certificate authorized by the appropriate taxing authority.
6.5 Suspension of Service. If Customer's account is thirty (30) days or more overdue (except with respect to charges then under reasonable and good faith dispute), in addition to any of its other rights or remedies, VidCruiter reserves the right to suspend the Service provided to Customer, without liability to Customer, until such amounts are paid in full.

7. Proprietary Rights.

7.1 Reservation of Rights. Subject to the limited rights expressly granted hereunder, VidCruiter reserves all rights, title and interest in and to the Service and the Documentation and any other materials or content provided as part of the Service, including all related intellectual property rights. No rights are granted to Customer hereunder other than as expressly set forth herein.
7.2 Customer Data. As between VidCruiter and Customer, Customer exclusively owns all rights, title and interest in and to all Customer Data. Customer Data is deemed Confidential Information under this Agreement. VidCruiter shall not access Customer's User accounts, including Customer Data, except to respond to service or technical problems or at Customer's request or as necessary for the operation of the Service or billing. Customer hereby grants VidCruiter a non-exclusive license for the Term (and for thirty (30) days thereafter) to access and use the Customer Data as reasonably required to provide the Service and to create analytics, compile and use any non-identifiable pattern data created from analysis of Customer Data patterns relating to the Service and/or data derived through use of the Service such as service usage and trends (“Service Data”). For the avoidance of doubt, Service Data is data which does not include any raw Customer Data, personal information or Confidential Information of Customer. All right, title and interest in and to Service Data will be owned by VidCruiter. The parties hereto acknowledge and agree that VidCruiter will destroy all files and data left on the VidCruiter’s platform as a result of the Customer's usage of the same within thirty (30) days following the end of this Agreement. If the Customer wishes to retain and transfer data and files from its original location, the Customer will be provided the location of the files and may export files to their desired location at their expense, at any time, during the course of this Agreement and up to thirty (30) days following the end of this Agreement, unless a new agreement is put in place for this data.
7.3 Feedback. VidCruiter shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual, unrestricted license to use, incorporate into the Service, or otherwise exploit any suggestions, enhancement requests, recommendations or other feedback (“Feedback”) provided by Customer or its Users relating to the operation of the Service. For greater certainty, VidCruiter shall have no obligation to modify the Service to implement any Feedback provided by Customer or its Users. Feedback provided to VidCruiter must not be subject to any confidentiality obligations and must not be confidential or proprietary information belonging to Customer, User or any third party.

8. Personal Information.

8.1 Personal Information. Any personal information concerning a contractor or employee of a party, or, in the case of Customer, an Applicant (“Personal Information”) shall still be considered Confidential Information of such party for the purposes of this Agreement. In addition to the confidentiality obligations set forth in Section 8 below, each party shall (i) hold any Personal Information of the other party secure in accordance with the terms of this Agreement, (ii) protect such Personal Information from unauthorized disclosure by using and installing appropriate technological, physical and organizational security measures, (iii) comply with all applicable data protection and privacy laws and regulations governing the processing of the Personal Information, including obligations as they exist under the Personal Information Protection and Electronic Documents Act, the California Privacy Rights Act (CPRA), and the California Consumer Privacy Act (CCPA), and (iv) if requested by other parties, promptly correct or delete Personal Information. The disclosing party hereby grants permission to the other party to use such Personal Information solely for the purpose of carrying out its obligations pursuant to this Agreement and, except as expressly permitted by this Agreement, neither party shall disclose any Personal Information to any third party without the prior written consent of the disclosing party.
8.2 Storage of Personal Information. VidCruiter shall store all Personal Information of or relating to Customer or its Affiliates in the location specified in the Order Form.
8.3 Applicant Requests. VidCruiter shall: (a) promptly notify Customer if it receives a request from an Applicant regarding that Applicant’s Personal Information under any applicable law; (b) direct such request to Customer; and (c) VidCruiter shall provide Customer with commercially reasonable cooperation and assistance in relation to Applicant’s request regarding it’s Personal Information, to the extent legally permitted and to the extent Customer does not have access to such Personal Data through its use of the Services.

9. Confidentiality.

9.1 Definition of Confidential Information. As used herein, “Confidential Information” means all confidential and proprietary information of a party (the “Disclosing Party”) disclosed to the other party (the “Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the terms and conditions of this Agreement, the Customer Data, the Service, business and marketing plans, technology and technical information including VidCruiter’s security guides and reports, product designs, and business processes. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party.
9.2 Confidentiality. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, except with the Disclosing Party's prior written permission. Notwithstanding the foregoing, VidCruiter may: disclose this Agreement to its actual and prospective investors, advisors and partners provided that such disclosure is subject to written confidentiality obligations at least as restrictive as VidCruiter’s confidentiality obligations under this Agreement.
9.3 Protection. Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind (but in no event using less than reasonable care).
9.4 Compelled Disclosure. If the Receiving Party is compelled by law to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, to provide the Disclosing Party the opportunity to contest the disclosure.
9.5 Remedies. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of confidentiality protections hereunder, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any other available remedies may be inadequate.

10. Warranties & Disclaimers.

10.1 Warranties. Each party represents and warrants that it has the legal power to enter into this Agreement. VidCruiter represents and warrants that (i) it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and in compliance with applicable law including but not limited to those regarding data safeguarding, personally identifiable information and privacy; and (ii) the Service shall perform materially in accordance with the Documentation.
10.2 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, CUSTOMER ACKNOWLEDGES THAT THE SERVICE IS PROVIDED “AS IS”, AND THAT VIDCRUITER MAKES NO OTHER REPRESENTATIONS AND PROVIDES NO OTHER WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, INCLUDING ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, VIDCRUITER DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE OR SERVICE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) DEFECTS WILL BE CORRECTED. INFORMATION SENT OR RECEIVED OVER THE INTERNET IS GENERALLY UNSECURE AND VIDCRUITER CANNOT AND DOES NOT MAKE ANY REPRESENTATION OR WARRANTY CONCERNING SECURITY OF ANY COMMUNICATION TO OR FROM THE WEBSITE OR SERVICE OR ANY REPRESENTATION OR WARRANTY REGARDING THE INTERCEPTION BY THIRD PARTIES OF PERSONAL OR OTHER INFORMATION.

11. Indemnification.

11.1 VidCruiter Indemnity. VidCruiter will defend or settle, indemnify and hold Customer harmless from and against all third-party claims related to the infringement by the Service of any Intellectual Property of a third party (a “Third Party IP Claim”). Notwithstanding the foregoing, VidCruiter will have no liability for any Third-Party IP Claim which is due in whole or in part to: (i) modifications of the technology, providing the Service other than by VidCruiter or by another party at the direction or instruction of VidCruiter; or (ii) any willful misconduct or fraudulent action of a third party. Customer may retain counsel at its own expense to participate in the defense and settlement of any Third-Party IP Claim. VidCruiter shall have total control over all negotiations for the settlement or compromise of a Third-Party IP Claim, which VidCruiter is required to defend and/or handle under this Section 11.1. For greater certainty, VidCruiter shall obtain Customer’s written consent to settle any Third-Party IP Claim that attributes liability to Customer. In the event that the Service, is held to or believed by VidCruiter to infringe any third party Intellectual Property, VidCruiter will have the option to: (i) replace or modify the Service to be non-infringing, provided that such modification or replacement provides substantially similar features and functionality; (ii) obtain for Customer the right to continue using the Service; or (iii) if both (i) and (ii) are not reasonably practicable, terminate this Agreement and refund to Customer the pro-rata portion of the fees paid to VidCruiter for the Service not provided by VidCruiter after the date of infringement.
11.2 Customer Indemnity. Customer will defend or settle, indemnify and hold harmless VidCruiter and its Affiliates, subsidiaries, officers, directors, employees and agents (individually and collectively, “Indemnitee”) harmless from and against any and all third-party claims, actions, damages, losses, liabilities and expenses (of whatever form or nature including, without limitation, reasonable attorneys’ fees and expenses and all costs of litigation), whether direct or indirect, alleging damages (each a “Covered Claim”) (i) related to real or personal property or personal injury and caused by the active negligence or willful or intentional misconduct of Customer or its Affiliates, officers, directors, employees or agents (individually and collectively, “Indemnitor”); (ii) arising out of or relating to Indemnitor’s violation or failure to comply with any applicable law including with respect to Customer’s indemnification obligations under this section, any claim arising out of or relating to alleged wrongdoing related to recruitment, hiring, or employment decisions by Customer or its Users or claims of infringement or misappropriation of a third party’s rights. “Covered Claims” excludes any claim alleging damages to the extent caused by the negligence, fraud or willful misconduct of an Indemnitee.
11.3 Procedure. Each Indemnitor’s indemnity obligations under this Section 11 are contingent on the other party promptly notifying the Indemnitor in writing of any claim or threat thereof, promptly tendering to the Indemnitor sole control of the defense and any settlement of such claim and providing to Indemnitor (at Indemnitor’s cost) any assistance necessary to such defense or settlement. Indemnitor will not be responsible for any settlement it does not approve in writing.

THIS SECTION SETS FORTH THE PARTIES’ ENTIRE LIABILITY, AND THE PARTIES’ SOLE REMEDIES, IN THE EVENT OF VIOLATION OF ANY THIRD-PARTY IP CLAIMS OR COVERED CLAIMS HEREUNDER.

12. Limitation of Liability.

12.1 Limitation of Liability. IN NO EVENT SHALL VIDCRUITER'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNTS ACTUALLY PAID BY AND DUE FROM CUSTOMER HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.
12.2 Exclusion of Consequential and Related Damages. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES; DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS OR OTHER SIMILAR PECUNIARY LOSS HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.3 Service Disclaimer. UNDER NO CIRCUMSTANCES SHALL VIDCRUITER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER THAT RESULT FROM: (I) CUSTOMER’S NON-COMPLIANCE WITH ANY LAW, INCLUDING, WITHOUT LIMITATION, ALL PRIVACY AND EMPLOYMENT-RELATED LAWS; (II) THE USE OF SAMPLE QUESTIONS PROVIDED BY VIDCRUITER; (III) CUSTOMER’S DECISION TO HIRE OR NOT HIRE APPLICANTS; (IV) DISCRIMINATION BY CUSTOMER; OR (V) CUSTOMER’S FAILURE TO ACCOMODATE APPLICANTS WITH DISABILITIES. THESE LIMITATIONS SHALL APPLY EVEN IF VIDCRUITER HAS BEEN ADVISED OF THE POSSIBILITY THAT SUCH DAMAGES MAY OR WILL BE SUFFERED BY ANY PERSON OR ENTITY WHATSOEVER. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
12.4 Certain Damages Not Excluded. NOTWITHSTANDING THE GENERALITY OF SECTION 12.1 ABOVE, NO LIMITATION OF EITHER PARTY’S LIABILITY SET FORTH IN THIS AGREEMENT SHALL APPLY TO (I) DAMAGES ARISING FROM A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, (II) DAMAGES ARISING FROM ANY INFRINGEMENT AND/OR MISAPPROPRIATION OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS; (III) ANY CLAIMS FOR NON-PAYMENT; OR (IV) ANY CLAIM UNDER SECTION 11 INDEMNIFICATION; OR (V) ANY LIABLITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

13. Term & Termination.

13.1 Term of Agreement. This Agreement shall commence on the date of Customer’s signature (“Effective Date”) and shall continue in effect for the initial subscription term set out in the Order Form (such initial term referred to in this Agreement as the “Initial Term”). Thereafter, the term of the Agreement shall be automatically renewed on each subsequent anniversary of the Effective Date for additional one (1) year renewal terms (any such subsequent renewal terms referred to in this Agreement as a “Renewal Term”), unless either party gives written notice of non-renewal to the other party at least thirty (30) days prior to the end of the Initial Term or any Renewal Term hereof. Collectively, the Initial Term and any subsequent Renewal Terms shall constitute the “Term”.
13.2 Termination for Cause. A party may terminate this Agreement for cause: (i) upon thirty (30) days written notice of a material breach to the other party if such breach remains uncured at the expiration of such period; or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.
13.3 Outstanding Fees. On expiry or termination of this Agreement, Customer shall promptly cease use of the Service, shall return or destroy any Confidential Information of VidCruiter’s and shall pay all outstanding fees due under the applicable Order(s) within thirty (30) days of the effective date of termination.
13.4 Surviving Provisions. The following provisions shall survive any termination or expiration of this Agreement: Sections 6.3, 7-9, 10.2, 11, 12, 13.3, 13.4 and 14.

14. General Provisions.

14.1 Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties.
14.2 Notices. All notices under this Agreement shall be in writing and shall be deemed to have been given upon; (i) personal delivery; (ii) the second business day after mailing; (iii) the second business day after sending by confirmed facsimile; or (iv) the second business day after sending by email. Notices to VidCruiter shall be addressed to the attention of the Legal Department. Notices to Customer shall be addressed to Customer’s registered account holder or to the contact indicated on the Order Form, unless otherwise designated.
14.3 Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
14.4 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
14.5 Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, VidCruiter may assign this Agreement in its entirety, without consent of the other party, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its stock or assets. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
14.6 Governing Law. This Agreement shall be governed by the laws of the Province of New-Brunswick, without regard to its conflict of law principles. No choice of laws rules of any jurisdiction shall apply to this Agreement. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.
14.7 Venue; Waiver of Jury Trial. The courts located in the Province of New-Brunswick shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
14.8 Force Majeure. Neither party shall be responsible for its failure to perform to the extent due to unforeseen circumstances or causes beyond its control, including but not limited to acts of God, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, or strikes, labor problems (other than those involving the employees of the affected party), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within a party’s possession or reasonable control, provided that such party gives the other party prompt written notice of the failure to perform and the reason therefore and uses its reasonable efforts to limit the resulting delay in its performance.
14.9 Export. Customer acknowledges and agrees that the Service may be subject to export and import controls under the regulations of Canada, the United States and other countries, and Customer shall comply with all export and import control regulations of applicable countries. Customer shall not use the Service for any purposes prohibited by export laws, including, without limitation, nuclear, chemical or biological weapons proliferation. Customer shall be responsible for procuring all required permissions for any subsequent export, import or use of the Service.
14.10 Entire Agreement. This Agreement, including any Order Forms and any other documents referenced herein, constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent any terms and conditions of this Agreement conflict with the terms of an Order Form or any other document, the documents shall control in the following order: (i) Order Forms with the latest date(s); (ii) this Agreement; and (iii) any other documents expressly incorporated herein by reference. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or in any other Customer order documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.
14.11 Changes to the Service or Website. Changes to the Service or Website. VidCruiter reserves the right to alter the Website and/or Service at any time and for any reason or no reason without any liability to You. If VidCruiter suspends or discontinues this Website and/or the Service, thirty (30) days written notice shall be provided. The Website or Service may also be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. VidCruiter may periodically add or update the information and materials on this Website or Service without notice.
14.12 Counterparts. Any Order Form executed pursuant to these terms may be executed in counterparts, which taken together shall form one legal instrument.
14.13 UPDATES. VIDCRUITER MAY REVISE THESE TERMS OF USE AT ANY TIME AND AT VIDCRUITER’S SOLE DISCRETION. ANY NON-MATERIAL CHANGE TO THESE TERMS OF USE WILL BECOME EFFECTIVE ON THE DATE THE CHANGE IS POSTED. ANY MATERIAL CHANGES TO THESE TERMS OF USE WILL BE EFFECTIVE: (I) IMMEDIATELY IF YOU ARE A NEW CUSTOMER; AND (II) IF YOU ARE AN EXISTING CUSTOMER, UPON THE EARLIER OF (A) THIRTY (30) DAYS AFTER NOTICE IS PROVIDED OF SUCH CHANGES, WHICH NOTICE MAY BE PROVIDED BY UPDATING THE “LAST MODIFIED” DATE ABOVE, THROUGH EMAIL OR THROUGH THE SERVICE (AS APPLICABLE), OR (B) YOUR ACCEPTANCE OF THE UPDATED TERMS OF USE.

15. Contact information.

VidCruiter Inc.
1 Factory Lane, Suite 300
Moncton, NB E1C 9M3
info (@) vidcruiter.com

VIDCRUITER APPLICANT PRIVACY POLICY

August 14^th, 2024

This Privacy Policy explains what personally identifiable information (as such term is defined by applicable law) (“Personal Information”) VidCruiter Inc (“VidCruiter”/”we/”us”) processes in respect of job-seekers (“Applicants”) who use VidCruiter’s platform and Service at the request of our software service subscribers (“Subscribers”).

1. Introduction

The VidCruiter platform provided by VidCruiter enables online applicant recruitment and selection Service, including the online recording of text, audio and video responses to questions selected by Subscribers along with reference checking and other features which facilitate the applicant recruitment process (the “Service”). The Service utilizes a number of dynamic products, including, VidTracking, VidInterviewing, VidLiveInterviewing, VidRating, VidReferencing, VidTrainer, VidOnboarding, VidTesting, VidAdmissions and VidHiring as further described on www.vidcruiter.com or other VidCruiter websites available at: hiringplatform.com, hiringplatform.ca hiringplatform.co.uk hiringplatformau.com and hiringplatformeu.com (collectively the "Websites"). If you are an Applicant, you will be directed to the applicable Website based on Subscriber-request.

2. Subscribers & Data Control

VidCruiter processes Applicants Personal Information solely as a service to our Subscribers and to let Applicants use the Service to interact with our Subscribers.

Important Note: Access to Personal Information held by VidCruiter is under the control of the applicable Subscriber. VidCruiter does not control how Subscribers process, use, access, control, maintain or delete Applicants Personal Information, whether through the Service or outside of the Service nor does VidCruiter control or dictate the security measures employed by Subscribers. Accordingly, you acknowledge and agree that VidCruiter will not be responsible for or liable in respect of any processing of Personal Information or any decisions and choices made by Subscribers in the recruitment process, including any specific use of the features and functionality of the Service or of Applicant Personal Information. Use of services like the Service which involve the processing of sensitive Personal Information carry higher risks if there is a data breach or disclosure of such data in certain circumstances. Please see Section 5 for more information on the measures VidCruiter takes to safeguard information in VidCruiter’s possession. Subscribers should communicate their own privacy policy regarding such processing and use (particularly if different from the uses specified herein) to Applicants, whether through the Service or otherwise, and you should carefully review such policy.

Any questions or concerns regarding VidCruiter’s privacy practices may be sent to VidCruiter’s Privacy Officer may be contacted using the contact details set out in Section 8 below. Any questions or concerns regarding the privacy practices of Subscribers, including the use of Applicants Personal Information by such Subscribers, should be directed to the applicable Subscriber. If VidCruiter receives any queries raised by Applicants concerning Subscribers, VidCruiter will direct the same to the applicable Subscriber, unless otherwise required by law.

3. Consent

It is always an Applicant’s choice whether or not to provide Personal Information. However, if an Applicant chooses not to provide requested Personal Information, that Applicant will not be able to use certain features of the Service.

VidCruiter does not collect for itself things like protected health information, financial information, date of birth, social security or other government-issued identification number, and other sensitive personal information. A Subscriber may ask that you provide this information through the Service, but it is at your discretion whether you choose to provide it or not.

Set out below in Section 3 is the information that VidCruiter collects about Applicants and Applicants’ use of our Service and Section 6 provides more information about how we store and to whom we may share data.

4. Information Collected About Applicants

Through our Service, the Subscriber may collect, use, store and transfer different kinds of Personal Information (as such term is defined by applicable law) about Applicants. VidCruiter does not collect or use any Personal Information of Applicants on its own behalf.

VidCruiter collects, uses and shares non-personalized data such as statistical or demographic data and may anonymize Applicant Personal Data for any purpose including service improvement (collectively “Service Data’). Service Data does not directly or indirectly reveal Applicant’s identity and does not contain any Personal Information. Accordingly, it is not subject to protection by privacy laws. For example, we may aggregate all Applicant usage data to calculate the percentage of Applicants accessing a specific Website feature.

VidCruiter does not collect any Special Categories of Personal Data about Applicants (this includes details about Applicant’s race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about Applicant’s health and genetic and biometric data). Nor does VidCruiter collect any information about criminal convictions and offences. A Subscriber may ask that you provide this information through the Service, but it is at your discretion whether you choose to provide it or not.

5. Security and Enforcement

The security of Applicant’s Personal Information is important to us and we are committed to helping our Subscribers support their regulatory compliance requirements. We use security safeguards appropriate to the sensitivity of the information to ensure that Applicant’s Personal Information is stored and maintained in a secure environment and our Information Security Risk Management Program is built on a solid foundation of widely accepted frameworks for Information Security and Risk Management, including ISO 27001, ISO 27017 and SOC2 Type2. VidCruiter adheres to Fair Information Practice Principles of notice, choice, access, security, and enforcement. VidCruiter exercises managerial and technical safeguards designed to protect against the loss or unauthorized use or disclosure of Personal Information belonging to our customers and website visitors, as more fully described here /security/ . These safeguards include encryption, malware protection, logical and physical access controls, and detection of social engineering attacks.

VidCruiter monitors and reviews security safeguards and takes corrective action whenever we discover deviations from our Privacy Policy.

6. Transfers and Disclosures of Personal Information

Location; Hosting. VidCruiter’s headquarters in Canada are our primary location for business operations. Servers hosting the VidCruiter platform are located in the United States, EU, Canada, and Australia and accordingly, Applicant Personal Information may be subject to disclosure orders by the authorities in such jurisdictions.

Service Providers and Business Partners. We may from time to time employ third parties to perform tasks for us and we may need to share Personal Information (including account information) with them to perform those tasks. Unless we tell you differently, such third parties do not have any right to use the Personal Information we share with them beyond what is necessary for them perform the relevant tasks for us. The third parties we currently engage include third-party companies and individuals employed or contracted by us to provide certain capabilities within the Service and for certain general business functions, including the provision of database management, payment processing and customer relationship management tools.

With Your Consent. If we need to use or disclose any Personal Information in a way not identified in this Privacy Policy, we will notify you and/or obtain consent as required under applicable privacy laws.

As Required by Law. We may disclose your Personal Information to third parties without your consent if we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users, or anyone else (including the rights or property of anyone else) that could be harmed by such activities. Further, we may disclose Personal Information when we believe in good faith that such disclosure is required by and in accordance with the law.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

satisfy any applicable law, regulation, legal process or governmental request (including in pursuant to subpoenas, civil investigative demands, or similar processes); enforce our contracts or user agreements, including investigation of potential violations hereof; and
detect, prevent, or otherwise address fraud, security, or technical issues.

7. Changes to this Privacy Policy

VidCruiter may make changes to this Privacy Policy from time to time for any reason. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make any material changes or changes in the way we use information, we will notify customers via e-mail or by posting an announcement on the Website prior to the change becoming effective. Website Applicants are bound by any changes to the Privacy Policy after such changes have been posted.

8. Contact information.

VidCruiter Privacy Officer
VidCruiter Headquarters
VidCruiter Inc.
1 Factory Lane, Suite 300
Moncton, NB Canada E1C 9M3
info (@) vidcruiter.com

VIDCRUITER CUSTOMER PRIVACY POLICY

August 14^th, 2024

1. Introduction

We are VidCruiter Inc. ("VidCruiter"), a Canadian registered company. We provide online Applicant recruitment and selection services, as more fully described on our websites (our "Services"), including the online recording of text, audio and video responses to questions selected by Clients along with reference checking. The Service utilizes a number of dynamic products, including, VidTracking, VidInterviewing, VidLiveinterviewing, VidRating, VidReferencing, VidTrainer, VidOnboarding, VidTesting, VidAdmissions and VidHiring as further described on the Website (the “VidCruiter Offerings”).We operate the websites available at: hiringplatform.com, hiringplatform.ca, hiringplatformau.com and hiringplatformeu.com (the "Websites").

This Privacy Policy explains what personal information (“Personal Information”) VidCruiter collects from customers who have subscribed for and use our Services (including any employees, contractors or other non-Applicant users: “Users”) and why, what we do with that information and how we share it. We have separate privacy policies in respect of (i) users of marketing website (set out here); (ii) Applicants whose information is processed through our Services (set out here); and (iii) customers who subscribe to our Services (set out here);.

Our Privacy Officer may be contacted using the contact details set out at the bottom of this policy.

2. Compliance Certification Programs

VidCruiter is committed to helping our customers support their regulatory compliance requirements. Our Information Security Risk Management Program is built on a solid foundation of widely accepted frameworks for Information Security and Risk Management, including ISO 27001, ISO 27017 and SOC2 Type2. VidCruiter adheres to Fair Information Practice Principles of notice, choice, access, security, and enforcement.

3. Choice

It is always a User’s choice whether or not to provide Personal Information. However, if a User chooses not to provide requested Personal Information, that User will not be able to use certain features of the Services. We set out in detail below the information that we collect about Users and Users’ use of our Services. VidCruiter does not collect on its own behalf things like protected health information, financial information, date of birth, social security or other government-issued identification number, and other sensitive personal information.

4. The Information We Collect About Users

Personal data, or personal information, means any information relating to an identifiable person who can be directly or indirectly identified. It does not include data which cannot be related to an identifiable person (anonymous data). We may collect, use, store and transfer different kinds of personal information about Users which we have grouped together as follows:

Identity Data includes first name, last name or similar identifier.
Contact Data includes email address and telephone numbers.
Profile Data includes Users’ rating of Applicants' responses and interview notes.
Technical Data includes internet protocol (IP) address, browser type and version, operating system and platform
Usage Data includes information about how Users use our Services, such as browsing actions within the portal, the buttons, controls, Users click on, pages of our portal that Users visit, the time spent on those pages, User’s search queries, the dates and times of User’s visits, and workplace usage.

We also collect, use and share Non-personalized data called “Service Data” such as statistical or demographic data for any purpose. Service Data may be derived from User’s personal information but is not considered personal information in law as this information does not directly or indirectly reveal User’s identity. For example, we may aggregate User’s Usage Data to calculate the percentage of users accessing a specific Website feature.

We do not collect any Special Categories of Personal Data about Users (this includes details about User’s race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about User’s health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

5. How Is User’s Personal Information Collected

We use different methods to collect data from and about Users including through:

Direct interactions. Users may give us User’s Identity, Contact and Profile Data by registering for the Service and completing fields within the Service
Automated technologies or interactions. As Users interact with our Service, we may automatically collect Technical and Usage Data about User’s equipment, browsing actions and patterns. We collect this personal data by using cookies, server logs and other similar technologies.
Third parties or publicly available sources. We may receive personal information about Users from various third parties and public sources as set out below:
- Technical Data from the following parties:
  1. analytics providers such as Google Analytics;
  2. search information providers such as Google.

6. Purposes for Which We Will Use User’s Personal Information

We have set out below, in a table format, a description of all the ways we plan to use Users’ personal information.

Purpose/Activity	Type of Data
To deliver the Services to Users (including by recognizing users across the devices they use, and providing, maintaining, tailoring and improving website and services)	Identity Contact Profile Usage Technical
To register Users as a User	Identity Contact
To manage our relationship with User which will include Notifying Use about changes to our terms or Privacy Policy	Identity Contact
To administer and protect our business and this the Service (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	Identity Contact Technical
To use data analytics to improve our services, customer relationships and experiences and to personalize VidCruiter’s services	Technical Usage
To make suggestions and recommendations to User about services that may be of interest to Users and to provide Users with information, products or services they request	Identity Contact Technical Usage Profile
To improve our Services including: tracking email open rates, web page visits and form submissions) To inform VidCruiter as to what content is effective To provide follower updates To personalize VidCruiter’s services	Identity Contact Profile Usage Technical

7. Disclosures

We may disclose Personal Information that we collect, or Users provide as described in this Privacy Policy:

To our subsidiaries and affiliates where they are providing services to us.
To contractors, service providers, and other third parties we use to support our business solely for the purpose of them providing services to us.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of VidCruiter’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by VidCruiter about our Site or App users is among the assets transferred.
To fulfill the purpose for which Users provide it.
For any other purpose expressly disclosed by us when Users provide the information.
With User’s express consent to other uses not indicated in this Privacy Policy.

We may also disclose User’s Personal Information:

To comply with any court order, law or legal process, including to respond to any government or regulatory request.
To enforce or apply our terms of service Terms of Use and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of VidCruiter, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Data Breach: In the event of an actual unauthorized access to, loss, or theft of any Customer Data comprising Personal Information in the power, possession, or control of VidCruiter (“Data Breach”), VidCruiter agrees that it shall:
- take all reasonably necessary steps to contain the Data Breach;
- conduct an investigation into the cause of the Data Breach and the types of Personal Information that may have been compromised;
- promptly inform Customer of all information gathered in accordance with this section, continue to keep Customer informed of any new information revealed in the investigation, and keep all records relating to the investigation and Data Breach for at least 2 years; and
- otherwise provide any reasonable assistance to Customer to allow Customer to comply with any legal or regulatory obligations in respect of the Data Breach.

8. Access

Upon request, VidCruiter will provide Users with information about whether we hold any of User’s Personal Information. VidCruiter enables customers and website visitors with the ability to access and correct Personal Information we have collected. If Users have any concerns or suspect unauthorized activities associated with User’s account, please contact us at security (@) vidcruiter.com. We will respond to User’s request within a reasonable timeframe, and in any event within 30 days of receipt of request.

VidCruiter acknowledges that Users have the right to access, update, revoke permission to process, or request the deletion of User’s Personal Information. Any such query can be directed to VidCruiter’s Data Protection Officer at dpo (@) vidcruiter.com. If requested to remove data under either scenario, we will respond within a reasonable timeframe.

9. Security and Enforcement

The security of User’s Personal Information is important to us. We use security safeguards appropriate to the sensitivity of the information to ensure that User’s Personal Information is stored and maintained in a secure environment. VidCruiter exercises managerial and technical safeguards designed to protect against the loss or unauthorized use or disclosure of Personal Information belonging to our customers and website visitors, as more fully described here. These safeguards include encryption, malware protection, logical and physical access controls, and detection of social engineering attacks.

VidCruiter monitors and reviews security safeguards and takes corrective action whenever we discover deviations from our Privacy Policy.

10. Retention of Data

VidCruiter will keep User’s Personal Information for as long as it remains necessary for the identified purposes set out below or as required by law, which may extend beyond the termination of our relationship with User. Users acknowledge and agree that if User requests that User’s name be removed from our databases, it may not be possible to completely delete all User’s Personal Information due to legal constraints.

Data Type	Retention period	Reason
Identity, Contact and Profile data	Subscription term and 3 months after account termination	To provide the services to you during the subscription term.
Technical and Usage data	Subscription term and 3 months after account termination.	To provide the services to you during the subscription term and to protect against fraud.

** VidCruiter is required to maintain records of consent and requests for correcting or deleting Personal Information for 6 years.

11. Managing the Online Collection of Additional Data

As Users navigate through and interact with our Website and Services, we may use automatic data collection technologies to collect certain information about User’s equipment, browsing actions and patterns, location, and workplace usage patterns, including:

Details of User’s visits to our Website or App and other communication data and the resources that Users access and use on the Site or App.
Information about User’s computer and Internet connection, including User’s IP address, operating system, and browser type.
We also may use these technologies to collect information about User’s online activities over time and across third-party websites or other online services (behavioral tracking).
When Users access and use the App, we may automatically collect certain details of User’s access to and use of the App, including traffic data, location data, and other communication data and the resources that Users access and use on or through the App.
We may collect information about User’s mobile device and Internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information and the device’s telephone number.
Our App collects real-time information about the location of User’s device.

We and our third-party service providers may collect information about Users in a variety of ways. We and/or our third-party partners may employ various tracking technologies, such as cookies, web beacons and analytics software, that help us better manage content on our Service by informing us what content is effective.

11.1. Cookies

When Users visit our website or otherwise interact with the Service, we (or third-party data or ad networks we work with) may send one or more “cookies” to User’s computer or other devices. Cookies are alphanumeric identifiers stored on User’s computer through User’s web browser and are used by most websites to help personalize User’s web experience. Some cookies may facilitate additional site features for enhanced performance and functionality such as remembering preferences, allowing social interactions, analyzing usage for site optimization, providing custom content, allowing third parties to provide social sharing tools, and serving images or videos from third-party websites. Some features on this site will not function if Users do not allow cookies. We may link the information we store in cookies to any Personal Information Users submit while on our site.

We may use both session ID cookies and persistent cookies. A session ID cookie expires when Users close User’s browser. A persistent cookie remains on User’s hard drive for an extended period of time. Persistent cookies enable us to track and target the interest of our users to enhance the experience on our site. If Users do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows Users to automatically decline cookies, or be given the choice of declining or accepting the transfer to User’s computer of a particular cookie (or cookies) from a particular site. Users may also wish to refer to https://allaboutcookies.org/how-to-manage-cookies. If User rejects cookies, User may still use our site, but some features on the site will not function properly.

Functional cookies, persistent and session type, store information to enable core site functionality.

Analytics cookies allow us to count page visits and traffic sources, so we can measure and improve the performance of our site and our marketing campaigns.

11.2. Web Beacons

We (or third-party data or ad networks we work with) may use Web Beacons alone or in conjunction with cookies to compile information about our Service, or other information we or they have collected. Web Beacons are tiny graphic objects that are embedded in a web page or email and are usually invisible to the user but allow checking that a user has viewed the page or email. Web Beacons may be used within the Service to track email open rates, web page visits or form submissions. In some cases, we tie the information gathered by Web Beacons to our Users’ Personal Information. For example, we use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns.

11.3. Flash and HTML5 Storage

We use Local Shared Objects, such as Flash cookies, AND/OR Local Storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on our website upon User’s web browsing activity also use Flash cookies or HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5.

11.4. Do Not Track Signals

At this time, we do not respond to browser ‘do not track’ signals.

12. Transfers of Data

VidCruiter’s headquarters in Canada is our primary location for business operations. In addition, VidCruiter maintains a presence in the in the United Kingdom, European Union, Australia and the Philippines. Servers hosting the VidCruiter platform are located in the United States, EU, Canada, and Australia.

In order to provide Users with the information, products, or services Users have requested, Personal Data may be transferred or shared with other companies within our family of companies, including those third-party vendors who act on our behalf, process Personal Data in accordance with the purposes for which the data was originally collected, or for purposes to which Data Subjects have subsequently consented. Our Privacy Policy, supported by model contract agreements and safeguards for data governance, are designed to provide equivalent data protection for all customers wherever they may reside.

For example, regarding normal business operations, VidCruiter may engage a third-party to support our billing, support services, information technology, or mailings on our behalf.

We may also disclose User’s Personal Information as required by law, such as to comply with a subpoena or other legal process, when we believe in good faith that disclosure is necessary to protect our rights, protect User’s safety, or the safety of others, investigate fraud, or respond to a government request.

13. Outside Parties and Sites

Through us, Users may be introduced to a variety of third-party vendors and/or websites. The privacy policies of these third parties are not under our control and may differ from ours. The use of any information that Users may provide to any third-party, or the use of “cookie” technology by any third-party, will be governed by the privacy policy of the operator of the website that Users are visiting. If Users have any doubts about the privacy of the information Users are providing on another website, we recommend that Users contact that website directly for more information and review its privacy policy. To properly process online orders, Users may be directed to a third-party credit card processing or other payment processing website. The privacy policies of these third parties are not under our control and may differ from ours. If Users have any doubts about the privacy of the information Users are providing on another website, we recommend that Users contact that website directly for more information and review its privacy policy.

14. Additional Privacy Protections for Minors

We join the industry in recognizing that children, including young teens, may not be able to make informed choices about Personal Information requested online. VidCruiter does not solicit or collect Personal Information targeted at those under the age of eighteen. VidCruiter’s Terms of Use (TOU) does not permit the use of the Website, Apps and/or Services by users under the age of eighteen.

15. RESIDENTS OF THE EUROPEAN UNION (EU)

VidCruiter generally processes Personal Information in order to fulfill contracts we have with our customers and end users and to pursue our legitimate business interests listed above. Otherwise, VidCruiter will obtain consent from an individual with respect to the processing of Personal Information if required by law to do so.

Further, individuals located in the EU have certain rights under European law (including under the General Data Protection Regulation) with respect to Personal Information, including the right to request access to, obtain, correct, amend, delete, or limit the use of User’s personal data. Individual end users, customers or prospective customers located in the EU who wish to exercise these rights, should contact VidCruiter using the contact information below in Section 17. If we are processing User’s information on behalf of a third party then Users should contact that party directly because VidCruiter serves as a data processor on behalf of third party in that instance and can only forward User’s request to the buyer to allow them to respond. Individuals also have the right to make complaints to regulatory authorities in respect of our privacy practices.

16. Changes to this Privacy Policy

VidCruiter may make changes to this Privacy Policy from time to time for any reason. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. If we make any material changes or changes in the way we use information, we will notify customers via e-mail or by posting an announcement on the Website at least 30 days prior to the change becoming effective. Website users are bound by any changes to the Privacy Policy after such changes have been posted.

In the event that VidCruiter is involved in a merger, acquisition or asset sale, we will continue to ensure the confidentiality of any Personal Information and give affected users notice before Personal Information is transferred or becomes subject to a different privacy policy. Account holders will be notified via email and/or a prominent notice on our Website of any change in ownership or uses of User’s information, as well as any choices Users may have regarding User’s information.

17. Contact information.

VidCruiter Privacy Officer
VidCruiter Headquarters
VidCruiter Inc.
1 Factory Lane, Suite 300
Moncton, NB E1C 9M3
info (@) vidcruiter.com