Contracts
- Snagajob Terms of Use
- Snagajob Privacy Policy
- Shifts Terms of Use
- Snagajob Application Policy
- Snagajob Disclosures and Consents
- Snagajob.com Copyright Policy
- Snagajob SMS/MMS Terms
- Snagajob Shifts SMS/MMS Terms
- E-Signature Disclosures & Consent
- Snagajob Employer Terms of Use
- Snagajob Security
- Snagajob California Privacy Notice
- Do Not Sell My Personal Information
Snagajob Terms of Use
Effective October 16, 2020
DownloadTable of Contents
Snagajob.com® Terms of Use
THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT AND GOVERN THE USE OF THE SNAGAJOB.COM WEBSITE AND MOBILE APPLICATION. PLEASE READ THEM CAREFULLY!
I. Introduction
A. Mission Statement
Snagajob.com, Inc's Mission Statement is to put people in the right-fit positions so they can maximize their potential and live more fulfilling lives.
B. The Snagajob.com Website and Mobile Application
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- The Snagajob.com Website and Mobile Application, including all information, text, visual images, software, products and services used or available via the Website or the App and the interactive user area referred to as My Account that is part of the Website (collectively, the "Website") and the “Job Search - Snagajob” Mobile Application (“App”) are owned and operated by Snagajob.com, Inc. ("Snagajob.com," "we," "our," or "us"). Our Website and App are for the use of our members ("Members," "you" or "your") only. Our Website and App enable our Members to learn about, and apply for, employment opportunities with businesses that contract with us to post job listings ("Sponsors"). We agree to provide you with access to our Website and/or App subject to these Terms of Use. In consideration for your use of our Website and/or App, you agree to use it in accordance with these Terms of Use, without reservation. If you register for, or access, our Website or App in any manner, including social registration or login through Facebook, your registration or access constitutes use of the Website or App. BY REGISTERING FOR OR ACCESSING OUR WEBSITE OR APP IN ANY MANNER WHATSOEVER, INCLUDING THROUGH FACEBOOK REGISTRATION, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT REGISTER FOR, ACCESS OR USE OUR WEBSITE OR APP. IF YOU WISH TO ACCESS AND USE OUR WEBSITE OR APP, YOU MUST SELECT THE "I ACCEPT" OPTION AT THE BOTTOM OF THE REGISTRATION FORM OR DURING THE APP REGISTRATION PROCESS. IF YOU DO NOT WISH TO ACCESS OR USE OUR WEBSITE OR APP, YOU MUST SELECT THE "I DO NOT ACCEPT" OPTION AT THE BOTTOM OF THE REGISTRATION FORM OR DURING THE APP REGISTRATION PROCESS. Any and all rights not expressly granted in these Terms of Use are reserved by Snagajob.com. 	
- By creating a profile or by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, photo, video, voice, and appearance if you provide a photo or video, in connection with a jobseeker database that potential employers may browse. You may be contacted by third parties about jobs for which you did not apply. Additionally, by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, video, voice, and appearance if you provide a video, in connection with your application and delivering your application to the particular employer. We do not submit your photo directly to an employer when you submit an application. However, it is possible for an employer to view your profile, including your photo, in our browsable database of jobseekers. If you do not want to be included in our jobseeker database, do not create a profile and do not submit an application using our Website or App. If you do not want your photo or video to be included in our jobseeker database, do not provide a photo or video in your profile or in connection with a job application.
C. Use of App
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- The use of the App requires use of a mobile device and wireless and mobile data service, which you must obtain from your carrier, and may require Internet access. You are responsible for obtaining and paying for such services, and Snagajob.com will not be liable for any costs or fees incurred by or through your use of the App, including, but not limited to, any mobile carrier fees, any SMS, MMS or other text or multimedia message fees, or any payment provider fees. 	
- By using the App, you consent to receive, at your own cost, electronic communications from Snagajob.com about the App, including, without limitation, via SMS, MMS and other text or multimedia messages, email, and by transmitting data to your mobile device such as through a push message. Such communications from Snagajob.com, Inc. may include, without limitation, administrative messages, service announcements, diagnostic data reports, and updates to the App itself. You consent to the transmission of data from Snagajob.com, Inc. and the App to and from your mobile device, including to push automatic updates to your mobile device.
D. Facebook Social Registration and Login
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- By registering for and/or accessing the Website or App through Facebook, you agree to be bound by these Terms of Use, without reservation. Specifically, you agree that any and all information and/or data submitted to us through the Facebook registration process is subject to these Terms of Use including, but not limited to, Section III (D) ("Your License to Us") below. 	
- By registering through Facebook, you agree to receive email job alerts from us. If you wish to unsubscribe from our email job alerts, you may do so at anytime by updating your settings options through your desktop profile.
E. Modifications to our Website, App and to the Terms of Use
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- From time to time we will change, or make improvements to, our Website and App. Such changes and/or improvements may be made without prior notice to you. We may provide you notice of such change on our Website, App or in e-mails we send to our Members. 	
- From time to time, we also may change these Terms of Use or impose new conditions on the use of the Website and/or App without prior notice to you, in which case we will post the revised Terms of Use on this Website. The revised Terms of Use will be effective immediately upon their posting on the Website. You are responsible for reviewing the most current version of these Terms of Use before using the Website or App to ensure that you agree to any revisions to these Terms of Use. If at any time you do not agree to the revisions we make to these Terms of Use, you should immediately stop accessing or using the Website or App in any manner whatsoever and must remove the App software from your mobile device. By continuing to use the Website or App after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or revisions to these Terms of Use are reasonable.
II. Your Rights and Obligations
A. Service Eligibility
To be eligible to use the Website or App, you represent and warrant that you: (1) are fourteen (14) years of age or older; (2) are not currently restricted from the Website or App, or not otherwise prohibited from having an account with us, (3) are not a competitor of ours and are not using the Website or App for reasons that are in competition with us; (4) will only maintain one account with us at any given time (although you can delete an account and subsequently register for a new one, as long as you have only one active account at a time); (5) have full power and authority to enter into this agreement with us and to be bound by these Terms of Use and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of the Website or App, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to access and use the Website or App.
B. Registration
If you choose to create a profile on our Website or App or through Facebook social registration, you must complete an online registration form. You agree (1) to provide true, accurate, current and complete information about yourself as prompted by the Website's or App’s registration form, and (2) to maintain and promptly update the information you provide to us in order to keep your profile true, accurate, current and complete. If we have reasonable grounds to suspect that the information in your profile is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Website or App (or any portion thereof) by you. Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
C. User Name/E-Mail Address and Password
To log onto our Website or App, you will need a user name and password which you will supply when you register to use our Website or App. You are responsible for maintaining the security and confidentiality of your user name and password, and all activities (whether by you or by others) with respect to the Website and/or App that occur under your user name or password. You are also liable for all charges, damages and losses incurred or suffered by you and/or by us as a result of your failure to maintain the confidentiality of your user name and password. We are not liable for any harm or loss caused by or related to the theft or disclosure of your user name and password, or your authorization to allow another person to access and use the Website or App with your user name and password. You agree to notify us immediately of any unauthorized use of your user name and password, the need to deactivate your user name and password due to security concerns, or any other breach of security. You must ensure that you log out of your account at the end of each session.
D. Your License and Authorization to Us
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- By submitting (e.g., uploading) any message, information, data, text, software, images, or other materials ("Content") to the Website or App, you automatically grant Snagajob.com a royalty-free, perpetual, irrevocable, non-exclusive, fully paid up, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide, or to incorporate it in other		
works in any form, media, or technology now known or later developed (for the full term of any rights that may exist in such Content), without restriction or compensation, and to grant and authorize sublicenses thereof. In addition, you agree to waive all moral rights in the Content. Snagajob.com and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Website or App that violates these Terms of Use or is otherwise objectionable. By submitting Content to the Website or App, you represent and warrant that (1) you own the Content, (2) you are entitled to submit it to us and (3) the Content is accurate, truthful, not confidential, and not in violation of any contractual restrictions, third party intellectual property rights, third party privacy rights, or other third party rights. 	 - By submitting and/or signing an application, new hire paperwork (employment agreements, arbitration agreements, new hire manuals, etc.) or other similar document through the Website, you authorize Snagajob to disclose any information that Snagajob has collected during and from the submission and/or signature process, including but not limited to any information necessary to prove the electronic signatures on the application, new hire paperwork or other similar document are attributable to you, to the employer to which the application, new hire paperwork or other similar document was submitted to and/or signed for.
E. Your Responsibilities
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- Our Website and App are intended to be used only for lawful purposes by individuals seeking employment. You may not use (or plan, encourage or help others to use) our Website or App for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of our Website and/or App complies with these Terms of Use and to seek prior written permission from us for any uses not permitted or not expressly specified herein. If you do any of the items listed in part three of this section, below, we may, at our sole option, terminate your access to our Website and/or App. 	
- In connection with using our Website and/or App, you agree that you will:		
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- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; 			
- Provide accurate information to us and update it as necessary; 			
- Review and comply with our Privacy Policy; 			
- Review and comply with notices sent by us concerning the Website, App and our operation thereof; and 			
- Use the Website and/or App in an honest, respectful and professional manner. 		
	 - In connection with using our Website and/or App, you agree that you will not:		
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- Act dishonestly or unprofessionally by engaging in unprofessional behavior or by posting inappropriate, inaccurate, or objectionable content to our Website or App; 			
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on our Website or App (excluding Content posted by you) except as permitted in these Terms of Use or as expressly authorized by us; 			
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used in connection with the Website or App, or any part thereof; 			
- Include information in your profile or elsewhere, except in designated fields, that is confidential in nature or that reveals your identity or sensitive personal information such as an email address, phone number or address; 			
- Create a user profile for anyone other than a natural person; 			
- Utilize information, content or any data you view on and/or obtain from our Website or App to provide any service that is competitive, in our sole discretion, with our Website, App or our business; 			
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by Snagajob.com, unless you have entered into a written agreement with us to that effect; 			
- Adapt, modify or create derivative works based on our Website, App or the technology underlying either, or other Members' content, in whole or part; 			
- Rent, lease, loan, trade or sell/re-sell access to our Website, App or any information therein, or the equivalent, in whole or part; 			
- Deep-link to our Website or App for any purpose, (i.e. including a link to one of our web pages other than our Website's home page) unless expressly authorized in writing by us or for the purpose of promoting your profile on our Website or App; 			
- Use manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl" or "spider" our Website or App; 			
- Use bots or other automated methods to add or download contacts, send or redirect messages or perform other permitted activities; 			
- Access, via automated or manual means or processes, our Website or App for purposes of monitoring its availability, performance or functionality or for any competitive purpose; 			
- Engage in "framing," "mirroring," or otherwise simulating the appearance or function of our Website or App; 			
- Attempt to or actually access our Website or App by any means other than through the interfaces provided by us; 			
- Attempt to or actually override any security component included in or underlying our Website or App; 			
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Members or our personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses; 			
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Website or App, including ours or any Sponsor's; 			
- Remove, cover or otherwise obscure any form of advertisement included on our Website or App; 			
- Harass, abuse or harm another person, including sending unwelcome communications to others using our Website or App; 			
- Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from our Website or App except as expressly permitted in these Terms of Use, App or as the owner of such information may expressly permit; 			
- Share information of non-Members without their express consent; 			
- Interfere with or disrupt our Website or App, including but not limited to any servers or networks connected to our Website or App; 			
- Invite people you do not know to join My Account; 			
- Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo or video (if applicable); 			
- Use or attempt to use another's account without our authorization, or create a false identity on our Website or App; 			
- Infringe or use our brand, logos and/or trademarks, including, without limitation, using the words "Snagajob" or "Snagajob.com," or words likely to be confused with those words, in any business name, email, or URL, except as expressly permitted by us in writing; 			
- Upload, post to My Account, email, transmit or otherwise make available or initiate any content that:				
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- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; 					
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable; 					
- Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by us); 					
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 					
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights 					
- Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (1) using our Website or App to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (2) using our Website or App to connect to people who don't know you and then sending unsolicited promotional messages to those connections without their permission; and (3) sending messages to distribution lists, newsgroup aliases or group aliases; 					
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ours or any Member; and/or H. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through our Website or App. 				
			 - Participate, directly or indirectly, in the setting up or development of a network that seeks to create a pyramid scheme or other similar practice. 		
F. Website and App Security Rules
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- You are prohibited from violating or attempting to violate the security of our Website or App, including, without limitation, (a) accessing data not intended for you or logging into a server or account that you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of our Website or App or to breach security or authentication measures without proper authorization, or (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of overloading, "flooding", "mailbombing" or "crashing." 	
- Violations of Website, App or network security may result in civil or criminal liability. We may investigate occurrences which involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Members who are involved in such violations.
G. Indemnification
You agree to defend, indemnify and hold us, our officers, directors, employees, members, agents, and affiliates harmless from and against all claims, charges, investigations, actions or demands, liabilities and settlements, including without limitation our losses, costs, damages and reasonable legal and accounting fees (collectively, the "Indemnified Claims"), resulting from, or alleged to result from: (1) your breach of these Terms of Use; (2) any Content or other material you provide to our Website or App, (3) your use of our Website's or App’s content, (4) your violation of any applicable law, regulation, rule or order pertaining to your use of our Website or App; (5) your unauthorized or unlawful use of our Website or App; (6) any activity in which you engage in or through our Website or App; or (7) the unauthorized or unlawful use of our Website or App by any other person using your user name and password. We will use reasonable efforts to provide you with prompt notice of any such Indemnified Claims, and may assist you, at our expense and option, in defending any such Indemnified Claims.
H. Notifications and other Service Communications
For purposes of our communicating with you regarding the Website or App, notice required by us under these Terms of Use shall consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you about your Website account, App account, or any other services associated with us through your Website account, App account, including directly through push notifications, or through other means including email, cellular telephone, SMS or MMS messaging, telephone, or delivery services including the U.S. Postal Service,. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Website or App. You may contact us via email at:
legal@snagajob.com
Snagajob.com, Inc. 4851 Lake Brook Drive Glen Allen, VA 23060 USA Attention: CFO
Additionally, Snagajob.com accepts service of process at this address. Any notice required by you under these Terms of Use shall be by mail or courier at the address above with a copy sent by email at legal@Snagajob.com. Notice by you not in compliance with this section shall have no legal effect.
I. User to User Communications
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- We offer various forums and blogs on our Website such as My Account where you can post your resume and communicate with other Members. Ideas you post and information you share may be seen and used by other Members and by Sponsors, and we cannot guarantee that other Members or Sponsors will not use the ideas and information that you share on our Website or App. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to our Website or App. WE ARE NOT RESPONSIBLE FOR A MEMBER’S OR SPONSOR’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY COMMUNITY FORUMS ON OUR WEBSITE OR APP, INCLUDING, BUT NOT LIMITED TO, INFORMATION YOU POST IN “MY ACCOUNT.” 	
- You are solely responsible for your interactions with other Members. We may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Members through use of the Website, App or otherwise limit your use of the Website or App. We reserve the right, but have no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is necessary to enforce these Terms of Use.
J. Peer to Peer Messaging
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- The peer to peer messaging functionality is not to be used for emergency communications, and may only be used for lawful and authorized purposes. You and any user added to your organization or location shall not use the messaging functionality to:		
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- upload, post, transmit, or otherwise make available anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; 			
- harm minors in any way; 			
- impersonate any person or entity, including, but not limited to, a Snagajob employee, administrator, owner, or other member, or falsely state or otherwise misrepresent your affiliation with a person or entity; 			
- manipulate identifiers in order to disguise your or a user's identity; 			
- upload, post, transmit, or otherwise make available any of information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 			
- upload, post, transmit or otherwise make available information in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 			
- provide access to the communication functionality of the Service to any third party; 			
- upload, post, transmit, or otherwise make available any commercial offers, advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 			
- upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware; 			
- disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges using the communication functionality of the Service; 			
- interfere with or disrupt the communication functionality of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software; 			
- modify, adapt, or hack the communication functionality of the Service, including by using any non-public Snagajob APIs, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. 			
- intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the communication functionality of the Service, including, but not limited to, the Telephone Consumer Protection Act, 47 U.S.C. section 227, any data, privacy, or export control laws, or regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; 			
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; 			
- "stalk" or otherwise harass another; and/or 			
- collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above. 		
	 - If you consent to receive SMS messages in connection with the peer to peer communication functionality of the Services, you certify that you are authorized: (a) to use the designated mobile phone number which will receive the SMS messages, and (b) to incur any mobile message or data charges that may be incurred by receipt of the SMS messages as message and data rates may apply. You also agree that by consenting to receive SMS messages in connection with the peer to peer communication functionality of the Services, Snagajob and its representatives may send you automated texts to numbers you associate with your account to inform you when messages from other users are waiting and for any other account-related, customer service or administrative purpose. You may opt out of receiving SMS messages by replying STOP to any Snagajob text message, changing your Snagajob account settings, or contacting the Snagajob Customer Support team at 866-277-1995. 	
- You understand and agree that Snagajob has no obligations or liabilities associated with any use of the messaging functionality by you or a user that is added to your organization or location. If you add an organization or location in connection with the messaging functionality, you represent and warrant to Snagajob that you are the owner of that organization or location or are otherwise authorized by the organization or location. You understand and agree that you are solely responsible to ensure that a user added under your organization or location complies with the terms of this Section.
K. Compliance with Applicable Laws
You are responsible for ensuring that your use of our Website and/or App complies with all laws directly or indirectly applicable to you or us. Snagajob.com IS NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE WEBSITE OR APP IN WAYS THAT DO NOT COMPLY WITH ANY APPLICABLE LAW.
L. You Must be 14 or Older to Use this Website or App
You must be fourteen (14) years of age or older to visit or use our Website or App in any manner. By accessing our Website or App and accepting these Terms of Use, you represent and warrant to us that you have reached the age of fourteen (14) years of age or older, and that you have the right, authority and capacity to agree to, and abide by, these Terms of Use. We will not knowingly collect personally identifiable information from persons under the age of fourteen (14). Snagajob.com complies with the Child Online Privacy Protection Act. If we inadvertently collect personally identifiable information from anyone under the age of fourteen (14), we will delete that information in accordance with our security protocols upon notice.
M. Your Right to Use our Website and App
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- For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to access and use our Website through a generally available web browser only for its intended purpose and only as provided in these Terms of Use. For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to download a single copy of the app to your mobile device and to access and use our App through that mobile device for its intended purpose and only as provided in these Terms of Use and in accordance with any usage rules set forth in application stores’ terms of service. Our Website and App are only for your personal and noncommercial use. You may not access our Website or App through scraping, spidering, crawling or any other technology or software used to access data without our express written consent. Except as specifically permitted, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content or information included on our Website or App. 	
- In addition, you may not (a) rent, lend, sublease or transfer this limited license or any data residing on our Website, App or any of your rights under these Terms of Use to anyone else, (b) develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any part of our Website or App, or (c) transfer to or store any data residing or exchanged over our Website or App in any electronic network for use by more than one Member without obtaining prior written permission from us. 	
- If you violate any of these Terms of Use, we may immediately terminate your limited license to use our Website and/or App. Any other use of our Website or App contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from our Website or App commercially unless expressly authorized by us) is strictly prohibited and a violation of these Terms of Use. We reserve all rights not expressly granted in these Terms of Use, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in this Website, App and all related items.
N. Complaint Procedure
We built our Website and App to help you find a job, and to help you meet potential employers and other similarly situated job seekers. To achieve this purpose, we encourage you to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, these Terms of Use require that information posted by you be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, we provide a process for submission of complaints concerning content posted by you. Our policy and procedures can be found at our Complaint Procedure Regarding Content Posted on the Snagajob.com Website.
O. Export Control
Your use of our Website or App, including the software that runs our Website or App, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software, you are not listed on any US government list of prohibited or restricted persons, and you are not located in a country that is subject to a US government embargo or that has been designated by the US government as a “terrorist supporting” country.
III. Our Rights and Obligations
A. Availability of Website and App
For as long as we operate them, we will use our best efforts to provide and seek to update, improve and expand the Website and App, subject to limitations stated in these Terms of Use. As a result, we allow you to access our Website and App as they may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms of Use. We may modify, replace, refuse access to, suspend or discontinue our Website or App, partially or entirely, and at any time, in our sole discretion and without notice to you. All of these changes shall be effective upon their posting on our Website, App or by direct communication to you unless otherwise noted. We further reserve the right, within in our sole discretion, to withhold, remove and/or discard any content available as part of your account, with or without notice, for any reason, including because we deem it, at our discretion, to be contrary to these Terms of Use, or for no reason. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using our Website or App.
B. Privacy Policy
Our Privacy Policy is incorporated herein by this reference and made an integral part hereof. You should review our Privacy Policy carefully before agreeing to use our Website or App because our Privacy Policy governs our treatment of information about you, including personally identifiable information that you submit to use when you create a profile or when you participate in the features available at My Account. Please note that certain Content that you may submit to us, or message boards or blogs that you subscribe or contribute Content to might, or are likely to, reveal your gender, ethnic origin, nationality, age, religion and/or sexual orientation, and/or other personal information about you. You acknowledge that your submission of any Content to us is completely voluntary on your part.
C. Snagajob.com Intellectual Property
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- All of the design, text, and graphics of our Website and App, as well as the selection and arrangement thereof, are Copyright (C) 2010 Snagajob.com, Inc., All Rights Reserved. SNAGAJOB, SNAGAJOB.COM, THE #1 SOURCE FOR HOURLY EMPLOYMENT, SYSDINE, LOG ON. FIND A JOB. GET TO WORK, THE HOURLY GIG, HOURLY AMERICA, and all of our logos, including the Snagajob logo, The Hourly Gig logo, and the S logo are our trademarks. These trademarks, and the Website and App images and text, and all page headers, graphics, HTML based computer programs used to generate pages on the Website or App, and icons are our trademarks, service marks and/or trade dress, and may not be used without our prior written permission. All uses thereof inure to our benefit. All other trademarks, product names and company names or logos included on the Website or App are the property of their respective owners. 	
- You may download and print a single copy of the Website or App for your personal use, provided that the content of the Website or App must not be altered in any way and must contain all copyright, trademark and other proprietary notices. You may not use the Website, App or any portion thereof to create or re-create a similar or competing service. Any use of the content of this Website or App not expressly permitted by these Terms of Use, or permitted in writing by us prior to your use, is a breach of these Terms of Use and is strictly prohibited. Please direct any requests for permission to legal@snagajob.com. 	
- Our Website and App contain material that is protected by the copyright, trademark and other intellectual property laws of the United States and foreign countries. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from our Website or App, except as expressly set forth above. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT OF THE WEBSITE OR APP, OR THE TRADEMARKS SET FORTH THEREIN, CONSTITUTES COPYRIGHT AND/OR TRADEMARK INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED UNDER UNITED STATES AND INTERNATIONAL LAWS AND TREATIES. Any unauthorized use by you of our intellectual property may lead us to revoke your access to our Website and/or App.
D. Collection and Use of Your Content by Us
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- The very nature of the service we provide to you requires that we gather, process, use and distribute information that you provide directly (for example, name, physical address, e-mail address and resume), as well as information regarding the manner in which you use our Website or App. We cannot guarantee that your information will be prevented from being viewed by any particular person or entity. Our Privacy Policy governs our treatment of information that you provide to us. 	
- If you have directly submitted information and would like us to remove it from its database, you should contact us at the email address or phone number listed in the Contact Us section of our Website or App, and we will use reasonable efforts to delete your information from our then existing files. 	
- You acknowledge, consent and agree that we may access, preserve, and disclose your registration information, your profile and any other information you provide to us if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in our opinion to: (a) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (b) enforce these Terms of Use; (c) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (d) respond to customer service inquiries; or (e) protect the rights, property, or personal safety of Snagajob.com, our Members or the public. 	
- While we appreciate hearing from you and welcome your comments regarding our Website and/or App, our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our Website and/or App, please be specific in your comments regarding our Website or App and do not submit creative ideas, inventions, suggestions or materials. If, despite our foregoing request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively, a “Submission”), such Submission shall immediately become our property. The Submission shall not be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person.
E. Monitoring
We are under no obligation to monitor the information residing on or transmitted through our Website or App. However, you agree that we may monitor content on our Website or App (a) to comply with any applicable laws, regulations or other government requests; (b) to operate our Website and App properly or to protect us and/or Sponsors or advertisers; and (c) for such other purposes as we deem reasonably necessary or appropriate from time to time. We reserve the right to modify, reject or eliminate any information residing on or transmitted to our Website or App that we believe is unacceptable or in violation of these Terms of Use.
F. No Professional Advice
None of the services, materials, content, or information available on or through our Website or App constitutes employment, career, financial, legal, or other professional advice. You are encouraged to obtain advice tailored to your particular situation from a qualified professional if you have any questions regarding any such matters.
G. Gift Cards
“Snagajob offers third-party merchant (“Merchant”) gift cards (“Gift Cards”). When purchasing a Gift Card, you must provide your billing information (e.g., credit or debit card number at check-out. Gift Cards are non-refundable. Such Gift Cards may not be reloaded, resold, or used for payment outside of the Merchant’s website; used for unauthorized advertising, marketing, sweepstakes or other promotional purposes; redeemed for more than face value; transferred for value; redeemed for cash (except to the extent required by law); or returned for a cash refund (except to the extent required by law). Gift Cards may not be redeemed for cash (except to the extent required by law).
You further agree and understand that Snagajob has no liability for the loss of such Gift Card after its receipt, so please protect your Gift Card balance as necessary. For issues related to the use of (rather than the receipt of) a Gift Card, the applicable Merchant’s customer service will be responsible. You further agree and understand that Merchants are solely responsible to you for your ability to use, and the terms of usage of the Gift Cards. Each Merchant’s terms of use for its Gift Card(s) are available on the Merchant’s website, and those terms and conditions exclusively govern use of that Merchant’s Gift Card(s). Snagajob is not and shall not be in any manner responsible or liable for any Merchant actions, policies, or practices.
TO THE FULL EXTENT PERMISSIBLE BY LAW, SNAGAJOB MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.”
H. Links to Other Sites
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- Our Website and App may contain hyperlinks or other connections to websites operated by persons or entities other than us, including, without limitation, those of subscribing Sponsors or advertisers. We do not control those websites and are not responsible for them, their availability, content or any viruses that may be accessed through them. Our inclusion of hyperlinks or other connections to such websites does not imply any endorsement of the material on them or any association with their owners or operators. You are responsible for evaluating whether you want to access or use a third party website. You should review any applicable terms and/or privacy policies of a third party website before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. We are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from a third party website. Accordingly, if you decide to access a third party website, you do so at your own risk and agree that your use of any such website is on an “as is” basis without any warranty, and that these Terms of Use do not apply to your use of any third party website. 	
- We have no responsibility whatsoever for the activities of our Members or our Sponsors or advertisers or their respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on or from our Website or App). Nothing on our Website or App shall be deemed to be an endorsement, representation or warranty with respect to any Sponsor or advertiser or other third person or entity, whether in regard to its website, products, services or otherwise.
I. Limitation of Liability and Disclaimer of Warranties
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND/OR APP AND THE INTERNET GENERALLY. OUR WEBSITE, APP AND THE INFORMATION PROVIDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE WEBSITE, APP OR OUR INFORMATION PROVIDED THEREIN.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (1) ACCURACY, COMPLETENESS, CONTEMPORANEOUSNESS OR TIMELINESS OF OUR WEBSITE OR APP, (2) THE QUALITY AND SECURITY OF OUR WEBSITE OR APP, OR (3) THE INABILITY TO ACCESS OUR WEBSITE, APP OR THE CONTENT OF EITHER, INCLUDING WHETHER OUR WEBSITE OR APP WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OUR WEBSITE OR APP. WHEN USING OUR WEBSITE OR APP, INFORMATION WILL BE TRANSMITTED OVER THE INTERNET, A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR APP, AND YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR WEBSITE OR APP. ANY MATERIAL DESCRIBED OR USED ON OUR WEBSITE OR APP MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US. WE MAKE NO WARRANTIES WHATSOEVER THAT A USER WILL OBTAIN ANY JOB THROUGH OUR WEBSITE OR APP, NOR DO WE MAKE ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY FOR) ANY JOB YOU MAY OBTAIN. WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO OUR WEBSITE OR APP, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF OUR WEBSITE OR APP BY OTHER USERS. THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
J. Limitation of Damages and Remedies
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM OUR WEBSITE OR APP. YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING OUR WEBSITE OR APP. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE OR APP, OR WITH THE DELAY OR INABILITY TO USE THEM (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH OUR WEBSITE OR APP, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE OR APP, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE, OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED OR HARMED BY US OR ANYTHING RELATED TO US, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THESE TERMS OF USE IN ACCORDANCE WITH SECTION IV (N) (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. OUR CUMULATIVE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE WEBSITE, APP, OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY OF OUR SERVICES, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
THIS LIMITATION OF LIABILITY SHALL (1) APPLY REGARDLESS OF WHETHER (a) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (b) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (c) THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE; AND (2) NOT APPLY TO ANY DAMAGE THAT WE MAY CAUSE YOU INTENTIONALLY OR KNOWINGLY IN VIOLATION OF THESE TERMS OF USE OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED IN THESE TERMS OF USE. IN NO EVENT SHALL WE BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF OUR WEBSITE, APP, OR THE CONTENT OF EITHER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Any claims made by you in connection with your use of our Website, App, or the content of either, must be brought within one (1) year of the date on which the event giving rise to such claim occurred. All remedies set forth in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
K. No Partnership
You agree that no joint venture, partnership, employment or agency relationship exists between you and us (or any of our Sponsors) as a result of these Terms of Use or your use of our Website or App.
L. Certain Legal Requirements
Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in them will diminish our right to comply with law enforcement requests or requirements relating to your use of our Website or App or information provided to or gathered by us with respect to such use.
M. Agreement
These Terms of Use represent the entire binding agreement between you and us, and our respective successors and assigns, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding us, our Website, App or the content thereon. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
N. No Extraterritoriality
We are based in Glen Allen, Virginia in the United States of America. We make no representation that our Website or App is appropriate or may legally be viewed in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Website or App is prohibited from jurisdictions where the Website, App, or their content, is illegal. Those who choose to access or use the Website or App do so on their own initiative and are responsible for compliance with applicable laws. If you access or use the Website or App from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
O. Termination
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- Mutual rights of termination. You may terminate your account with us for any reason or no reason, at any time, with notice to us. Your termination notice will be effective upon our processing the notice. We may terminate your account with us for any reason or no reason, at any time, with or without notice. A termination by us will be effective immediately or as may be specified in any notice from us. Termination of your account with us includes disabling your access to our Website and/or App and may also bar you from any future use of our Website and/or App. 	
- Misuse of the Services. We may restrict, suspend or terminate the account of any Member who abuses or misuses our Website or App. Misuse of our Website or App includes inviting other Members with whom you do not know to connect; abusing the My Account messaging services; creating multiple or false profiles; using our Website or App commercially without our authorization; infringing any intellectual property rights; or any other behavior that we, in our sole discretion, deem contrary to the purpose of the Website or App. In addition, and without limiting the foregoing, we will terminate accounts of Members who, in our sole discretion, are deemed to be repeat infringers under the United States Copyright Act. 	
- Effect of Termination. Upon the termination of your account with us, you lose access to our Website or App. In addition, we may block access to our Website or App from an IP address or range of IP addresses associated with those of terminated Members. 	
- Survivability. Any provision that by its nature should survive termination or expiration of these Terms of Use does survive, including, but not limited to, the following provisions: Website and App Security Rules; Indemnification; Snagajob.com Intellectual Property; Collection and Use of Your Content by Us; Limitation of Liability and Disclaimer of Warranties; Limitation of Damages and Remedies; Termination; Jurisdiction and Choice of Law; and Other.
P. Identification of Copyright or Trademark Infringement Agent
If you believe that your copyrighted work or trademark has been uploaded, posted or copied to our Website or App and is accessible on our Website or App in a way that constitutes copyright or trademark infringement, please review our procedure for Complaint Procedure Regarding Content Posted on the Snagajob.com Website or App.
Q. Jurisdiction and Choice of Law
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- You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, or agents: (a) you will submit to the jurisdiction of the courts of Henrico County, Virginia, including, without limitation, the United States District Court for the Eastern District of Virginia, Richmond Division, or the Circuit Court of the County of Henrico, and (b) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you. 	
- You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, directors, and agents, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia in all matters, without regard to its provisions regarding conflicts of law and the United Nations Convention for the International Sale of Goods.
R. Other
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- Your satisfaction is our top priority and we're confident you'll be pleased with our services. Still, if you try us and decide your account does not sufficiently meet your needs, you can cancel for a refund. 	
- Upon cancellation, your job posting will be turned off and you will be refunded the full amount of your most recent monthly charge from Snagajob. 	
- The money back guarantee only applies for services that are contracted for using our on-line self-serve portal, does not apply to any services other than job postings and is available only once to each customer.
S. Other
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- These Terms of Use, and our Privacy Policy and our Complaint Procedure Regarding Content Posted on the Snagajob.com Website or App, which are incorporated into these Terms of Use by reference, constitute the entire agreement between us and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral, or whether established by custom, practice, policy or precedent. 	
- We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights or obligations under these Terms of Use without our prior express written permission. Any attempt by you to assign your rights or obligations under these Terms of Use without our permission shall be void. 	
- If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. 	
- Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by these Terms of Use, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in a physical writing hand signed by one of our duly appointed officers. 	
- In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of our Website or App, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Website, App or any content or other material used or displayed on our Website or App. 	
- Entities that Snagajob.com owns a fifty percent (50%) or greater interest in (an “Affiliate”) are not parties to these Terms of Use, but intended third party beneficiaries of these Terms of Use, with a right to enforce these Terms of Use directly against you. Neither Apple Inc. nor its subsidiaries are parties to these Terms of Use, but Apple Inc. and its subsidiaries are third party beneficiaries to these Terms of Use as it applies to the App and if you download the App from the iTunes store to an Apple device. By accepting these Terms of Use, Apple will have the right to enforce these Terms of Use against you. 	
- The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use. 	
- For further information relating to these Terms of Use, or to report a problem regarding the Website or App, please contact legal@snagajob.com, or call Snagajob.com's Support Line 1-877-461-SNAG (7624).
Effective May 6, 2020 to October 16, 2020
DownloadTable of Contents
Snagajob.com® Terms of Use
THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT AND GOVERN THE USE OF THE SNAGAJOB.COM WEBSITE AND MOBILE APPLICATION. PLEASE READ THEM CAREFULLY!
I. Introduction
A. Mission Statement
Snagajob.com, Inc's Mission Statement is to put people in the right-fit positions so they can maximize their potential and live more fulfilling lives.
B. The Snagajob.com Website and Mobile Application
- The Snagajob.com Website and Mobile Application, including all information, text, visual images, software, products and services used or available via the Website or the App and the interactive user area referred to as My Account that is part of the Website (collectively, the "Website") and the “Job Search - Snagajob” Mobile Application (“App”) are owned and operated by Snagajob.com, Inc. ("Snagajob.com," "we," "our," or "us"). Our Website and App are for the use of our members ("Members," "you" or "your") only. Our Website and App enable our Members to learn about, and apply for, employment opportunities with businesses that contract with us to post job listings ("Sponsors"). We agree to provide you with access to our Website and/or App subject to these Terms of Use. In consideration for your use of our Website and/or App, you agree to use it in accordance with these Terms of Use, without reservation. If you register for, or access, our Website or App in any manner, including social registration or login through Facebook, your registration or access constitutes use of the Website or App. BY REGISTERING FOR OR ACCESSING OUR WEBSITE OR APP IN ANY MANNER WHATSOEVER, INCLUDING THROUGH FACEBOOK REGISTRATION, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT REGISTER FOR, ACCESS OR USE OUR WEBSITE OR APP. IF YOU WISH TO ACCESS AND USE OUR WEBSITE OR APP, YOU MUST SELECT THE "I ACCEPT" OPTION AT THE BOTTOM OF THE REGISTRATION FORM OR DURING THE APP REGISTRATION PROCESS. IF YOU DO NOT WISH TO ACCESS OR USE OUR WEBSITE OR APP, YOU MUST SELECT THE "I DO NOT ACCEPT" OPTION AT THE BOTTOM OF THE REGISTRATION FORM OR DURING THE APP REGISTRATION PROCESS. Any and all rights not expressly granted in these Terms of Use are reserved by Snagajob.com.
- By creating a profile or by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, photo, video, voice, and appearance if you provide a photo or video, in connection with a jobseeker database that potential employers may browse. You may be contacted by third parties about jobs for which you did not apply. Additionally, by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, video, voice, and appearance if you provide a video, in connection with your application and delivering your application to the particular employer. We do not submit your photo directly to an employer when you submit an application. However, it is possible for an employer to view your profile, including your photo, in our browsable database of jobseekers. If you do not want to be included in our jobseeker database, do not create a profile and do not submit an application using our Website or App. If you do not want your photo or video to be included in our jobseeker database, do not provide a photo or video in your profile or in connection with a job application.
C. Use of App
- The use of the App requires use of a mobile device and wireless and mobile data service, which you must obtain from your carrier, and may require Internet access. You are responsible for obtaining and paying for such services, and Snagajob.com will not be liable for any costs or fees incurred by or through your use of the App, including, but not limited to, any mobile carrier fees, any SMS, MMS or other text or multimedia message fees, or any payment provider fees.
- By using the App, you consent to receive, at your own cost, electronic communications from Snagajob.com about the App, including, without limitation, via SMS, MMS and other text or multimedia messages, email, and by transmitting data to your mobile device such as through a push message. Such communications from Snagajob.com, Inc. may include, without limitation, administrative messages, service announcements, diagnostic data reports, and updates to the App itself. You consent to the transmission of data from Snagajob.com, Inc. and the App to and from your mobile device, including to push automatic updates to your mobile device.
D. Facebook Social Registration and Login
- By registering for and/or accessing the Website or App through Facebook, you agree to be bound by these Terms of Use, without reservation. Specifically, you agree that any and all information and/or data submitted to us through the Facebook registration process is subject to these Terms of Use including, but not limited to, Section III (D) ("Your License to Us") below.
- By registering through Facebook, you agree to receive email job alerts from us. If you wish to unsubscribe from our email job alerts, you may do so at anytime by updating your settings options through your desktop profile.
E. Modifications to our Website, App and to the Terms of Use
- From time to time we will change, or make improvements to, our Website and App. Such changes and/or improvements may be made without prior notice to you. We may provide you notice of such change on our Website, App or in e-mails we send to our Members.
- From time to time, we also may change these Terms of Use or impose new conditions on the use of the Website and/or App without prior notice to you, in which case we will post the revised Terms of Use on this Website. The revised Terms of Use will be effective immediately upon their posting on the Website. You are responsible for reviewing the most current version of these Terms of Use before using the Website or App to ensure that you agree to any revisions to these Terms of Use. If at any time you do not agree to the revisions we make to these Terms of Use, you should immediately stop accessing or using the Website or App in any manner whatsoever and must remove the App software from your mobile device. By continuing to use the Website or App after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or revisions to these Terms of Use are reasonable.
II. Your Rights and Obligations
A. Service Eligibility
To be eligible to use the Website or App, you represent and warrant that you: (1) are fourteen (14) years of age or older; (2) are not currently restricted from the Website or App, or not otherwise prohibited from having an account with us, (3) are not a competitor of ours and are not using the Website or App for reasons that are in competition with us; (4) will only maintain one account with us at any given time (although you can delete an account and subsequently register for a new one, as long as you have only one active account at a time); (5) have full power and authority to enter into this agreement with us and to be bound by these Terms of Use and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of the Website or App, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to access and use the Website or App.
B. Registration
If you choose to create a profile on our Website or App or through Facebook social registration, you must complete an online registration form. You agree (1) to provide true, accurate, current and complete information about yourself as prompted by the Website's or App’s registration form, and (2) to maintain and promptly update the information you provide to us in order to keep your profile true, accurate, current and complete. If we have reasonable grounds to suspect that the information in your profile is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Website or App (or any portion thereof) by you. Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
C. User Name/E-Mail Address and Password
To log onto our Website or App, you will need a user name and password which you will supply when you register to use our Website or App. You are responsible for maintaining the security and confidentiality of your user name and password, and all activities (whether by you or by others) with respect to the Website and/or App that occur under your user name or password. You are also liable for all charges, damages and losses incurred or suffered by you and/or by us as a result of your failure to maintain the confidentiality of your user name and password. We are not liable for any harm or loss caused by or related to the theft or disclosure of your user name and password, or your authorization to allow another person to access and use the Website or App with your user name and password. You agree to notify us immediately of any unauthorized use of your user name and password, the need to deactivate your user name and password due to security concerns, or any other breach of security. You must ensure that you log out of your account at the end of each session.
D. Your License and Authorization to Us
- By submitting (e.g., uploading) any message, information, data, text, software, images, or other materials ("Content") to the Website or App, you automatically grant Snagajob.com a royalty-free, perpetual, irrevocable, non-exclusive, fully paid up, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide, or to incorporate it in other
works in any form, media, or technology now known or later developed (for the full term of any rights that may exist in such Content), without restriction or compensation, and to grant and authorize sublicenses thereof. In addition, you agree to waive all moral rights in the Content. Snagajob.com and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Website or App that violates these Terms of Use or is otherwise objectionable. By submitting Content to the Website or App, you represent and warrant that (1) you own the Content, (2) you are entitled to submit it to us and (3) the Content is accurate, truthful, not confidential, and not in violation of any contractual restrictions, third party intellectual property rights, third party privacy rights, or other third party rights. - By submitting and/or signing an application, new hire paperwork (employment agreements, arbitration agreements, new hire manuals, etc.) or other similar document through the Website, you authorize Snagajob to disclose any information that Snagajob has collected during and from the submission and/or signature process, including but not limited to any information necessary to prove the electronic signatures on the application, new hire paperwork or other similar document are attributable to you, to the employer to which the application, new hire paperwork or other similar document was submitted to and/or signed for.
E. Your Responsibilities
- Our Website and App are intended to be used only for lawful purposes by individuals seeking employment. You may not use (or plan, encourage or help others to use) our Website or App for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of our Website and/or App complies with these Terms of Use and to seek prior written permission from us for any uses not permitted or not expressly specified herein. If you do any of the items listed in part three of this section, below, we may, at our sole option, terminate your access to our Website and/or App.
- In connection with using our Website and/or App, you agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with our Privacy Policy;
- Review and comply with notices sent by us concerning the Website, App and our operation thereof; and
- Use the Website and/or App in an honest, respectful and professional manner.
- In connection with using our Website and/or App, you agree that you will not:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior or by posting inappropriate, inaccurate, or objectionable content to our Website or App;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on our Website or App (excluding Content posted by you) except as permitted in these Terms of Use or as expressly authorized by us;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used in connection with the Website or App, or any part thereof;
- Include information in your profile or elsewhere, except in designated fields, that is confidential in nature or that reveals your identity or sensitive personal information such as an email address, phone number or address;
- Create a user profile for anyone other than a natural person;
- Utilize information, content or any data you view on and/or obtain from our Website or App to provide any service that is competitive, in our sole discretion, with our Website, App or our business;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by Snagajob.com, unless you have entered into a written agreement with us to that effect;
- Adapt, modify or create derivative works based on our Website, App or the technology underlying either, or other Members' content, in whole or part;
- Rent, lease, loan, trade or sell/re-sell access to our Website, App or any information therein, or the equivalent, in whole or part;
- Deep-link to our Website or App for any purpose, (i.e. including a link to one of our web pages other than our Website's home page) unless expressly authorized in writing by us or for the purpose of promoting your profile on our Website or App;
- Use manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl" or "spider" our Website or App;
- Use bots or other automated methods to add or download contacts, send or redirect messages or perform other permitted activities;
- Access, via automated or manual means or processes, our Website or App for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
- Engage in "framing," "mirroring," or otherwise simulating the appearance or function of our Website or App;
- Attempt to or actually access our Website or App by any means other than through the interfaces provided by us;
- Attempt to or actually override any security component included in or underlying our Website or App;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Members or our personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Website or App, including ours or any Sponsor's;
- Remove, cover or otherwise obscure any form of advertisement included on our Website or App;
- Harass, abuse or harm another person, including sending unwelcome communications to others using our Website or App;
- Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from our Website or App except as expressly permitted in these Terms of Use, App or as the owner of such information may expressly permit;
- Share information of non-Members without their express consent;
- Interfere with or disrupt our Website or App, including but not limited to any servers or networks connected to our Website or App;
- Invite people you do not know to join My Account;
- Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo or video (if applicable);
- Use or attempt to use another's account without our authorization, or create a false identity on our Website or App;
- Infringe or use our brand, logos and/or trademarks, including, without limitation, using the words "Snagajob" or "Snagajob.com," or words likely to be confused with those words, in any business name, email, or URL, except as expressly permitted by us in writing;
- Upload, post to My Account, email, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by us);
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
- Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (1) using our Website or App to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (2) using our Website or App to connect to people who don't know you and then sending unsolicited promotional messages to those connections without their permission; and (3) sending messages to distribution lists, newsgroup aliases or group aliases;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ours or any Member; and/or H. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through our Website or App.
- Participate, directly or indirectly, in the setting up or development of a network that seeks to create a pyramid scheme or other similar practice.
F. Website and App Security Rules
- You are prohibited from violating or attempting to violate the security of our Website or App, including, without limitation, (a) accessing data not intended for you or logging into a server or account that you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of our Website or App or to breach security or authentication measures without proper authorization, or (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of overloading, "flooding", "mailbombing" or "crashing."
- Violations of Website, App or network security may result in civil or criminal liability. We may investigate occurrences which involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Members who are involved in such violations.
G. Indemnification
You agree to defend, indemnify and hold us, our officers, directors, employees, members, agents, and affiliates harmless from and against all claims, charges, investigations, actions or demands, liabilities and settlements, including without limitation our losses, costs, damages and reasonable legal and accounting fees (collectively, the "Indemnified Claims"), resulting from, or alleged to result from: (1) your breach of these Terms of Use; (2) any Content or other material you provide to our Website or App, (3) your use of our Website's or App’s content, (4) your violation of any applicable law, regulation, rule or order pertaining to your use of our Website or App; (5) your unauthorized or unlawful use of our Website or App; (6) any activity in which you engage in or through our Website or App; or (7) the unauthorized or unlawful use of our Website or App by any other person using your user name and password. We will use reasonable efforts to provide you with prompt notice of any such Indemnified Claims, and may assist you, at our expense and option, in defending any such Indemnified Claims.
H. Notifications and other Service Communications
For purposes of our communicating with you regarding the Website or App, notice required by us under these Terms of Use shall consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you about your Website account, App account, or any other services associated with us through your Website account, App account, including directly through push notifications, or through other means including email, cellular telephone, SMS or MMS messaging, telephone, or delivery services including the U.S. Postal Service,. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Website or App. You may contact us via email at:
legal@snagajob.com
Snagajob.com, Inc. 4851 Lake Brook Drive Glen Allen, VA 23060 USA Attention: CFO
Additionally, Snagajob.com accepts service of process at this address. Any notice required by you under these Terms of Use shall be by mail or courier at the address above with a copy sent by email at legal@Snagajob.com. Notice by you not in compliance with this section shall have no legal effect.
I. User to User Communications
- We offer various forums and blogs on our Website such as My Account where you can post your resume and communicate with other Members. Ideas you post and information you share may be seen and used by other Members and by Sponsors, and we cannot guarantee that other Members or Sponsors will not use the ideas and information that you share on our Website or App. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to our Website or App. WE ARE NOT RESPONSIBLE FOR A MEMBER’S OR SPONSOR’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY COMMUNITY FORUMS ON OUR WEBSITE OR APP, INCLUDING, BUT NOT LIMITED TO, INFORMATION YOU POST IN “MY ACCOUNT.”
- You are solely responsible for your interactions with other Members. We may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Members through use of the Website, App or otherwise limit your use of the Website or App. We reserve the right, but have no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is necessary to enforce these Terms of Use.
J. Peer to Peer Messaging
- The peer to peer messaging functionality is not to be used for emergency communications, and may only be used for lawful and authorized purposes. You and any user added to your organization or location shall not use the messaging functionality to:
- upload, post, transmit, or otherwise make available anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Snagajob employee, administrator, owner, or other member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- manipulate identifiers in order to disguise your or a user's identity;
- upload, post, transmit, or otherwise make available any of information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, transmit or otherwise make available information in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- provide access to the communication functionality of the Service to any third party;
- upload, post, transmit, or otherwise make available any commercial offers, advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
- disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges using the communication functionality of the Service;
- interfere with or disrupt the communication functionality of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software;
- modify, adapt, or hack the communication functionality of the Service, including by using any non-public Snagajob APIs, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
- intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the communication functionality of the Service, including, but not limited to, the Telephone Consumer Protection Act, 47 U.S.C. section 227, any data, privacy, or export control laws, or regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above.
- If you consent to receive SMS messages in connection with the peer to peer communication functionality of the Services, you certify that you are authorized: (a) to use the designated mobile phone number which will receive the SMS messages, and (b) to incur any mobile message or data charges that may be incurred by receipt of the SMS messages as message and data rates may apply. You also agree that by consenting to receive SMS messages in connection with the peer to peer communication functionality of the Services, Snagajob and its representatives may send you automated texts to numbers you associate with your account to inform you when messages from other users are waiting and for any other account-related, customer service or administrative purpose. You may opt out of receiving SMS messages by replying STOP to any Snagajob text message, changing your Snagajob account settings, or contacting the Snagajob Customer Support team at 866-277-1995.
- You understand and agree that Snagajob has no obligations or liabilities associated with any use of the messaging functionality by you or a user that is added to your organization or location. If you add an organization or location in connection with the messaging functionality, you represent and warrant to Snagajob that you are the owner of that organization or location or are otherwise authorized by the organization or location. You understand and agree that you are solely responsible to ensure that a user added under your organization or location complies with the terms of this Section.
K. Compliance with Applicable Laws
You are responsible for ensuring that your use of our Website and/or App complies with all laws directly or indirectly applicable to you or us. Snagajob.com IS NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE WEBSITE OR APP IN WAYS THAT DO NOT COMPLY WITH ANY APPLICABLE LAW.
L. You Must be 14 or Older to Use this Website or App
You must be fourteen (14) years of age or older to visit or use our Website or App in any manner. By accessing our Website or App and accepting these Terms of Use, you represent and warrant to us that you have reached the age of fourteen (14) years of age or older, and that you have the right, authority and capacity to agree to, and abide by, these Terms of Use. We will not knowingly collect personally identifiable information from persons under the age of fourteen (14). Snagajob.com complies with the Child Online Privacy Protection Act. If we inadvertently collect personally identifiable information from anyone under the age of fourteen (14), we will delete that information in accordance with our security protocols upon notice.
M. Your Right to Use our Website and App
- For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to access and use our Website through a generally available web browser only for its intended purpose and only as provided in these Terms of Use. For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to download a single copy of the app to your mobile device and to access and use our App through that mobile device for its intended purpose and only as provided in these Terms of Use and in accordance with any usage rules set forth in application stores’ terms of service. Our Website and App are only for your personal and noncommercial use. You may not access our Website or App through scraping, spidering, crawling or any other technology or software used to access data without our express written consent. Except as specifically permitted, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content or information included on our Website or App.
- In addition, you may not (a) rent, lend, sublease or transfer this limited license or any data residing on our Website, App or any of your rights under these Terms of Use to anyone else, (b) develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any part of our Website or App, or (c) transfer to or store any data residing or exchanged over our Website or App in any electronic network for use by more than one Member without obtaining prior written permission from us.
- If you violate any of these Terms of Use, we may immediately terminate your limited license to use our Website and/or App. Any other use of our Website or App contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from our Website or App commercially unless expressly authorized by us) is strictly prohibited and a violation of these Terms of Use. We reserve all rights not expressly granted in these Terms of Use, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in this Website, App and all related items.
N. Complaint Procedure
We built our Website and App to help you find a job, and to help you meet potential employers and other similarly situated job seekers. To achieve this purpose, we encourage you to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, these Terms of Use require that information posted by you be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, we provide a process for submission of complaints concerning content posted by you. Our policy and procedures can be found at our Complaint Procedure Regarding Content Posted on the Snagajob.com Website.
O. Export Control
Your use of our Website or App, including the software that runs our Website or App, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software, you are not listed on any US government list of prohibited or restricted persons, and you are not located in a country that is subject to a US government embargo or that has been designated by the US government as a “terrorist supporting” country.
III. Our Rights and Obligations
A. Availability of Website and App
For as long as we operate them, we will use our best efforts to provide and seek to update, improve and expand the Website and App, subject to limitations stated in these Terms of Use. As a result, we allow you to access our Website and App as they may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms of Use. We may modify, replace, refuse access to, suspend or discontinue our Website or App, partially or entirely, and at any time, in our sole discretion and without notice to you. All of these changes shall be effective upon their posting on our Website, App or by direct communication to you unless otherwise noted. We further reserve the right, within in our sole discretion, to withhold, remove and/or discard any content available as part of your account, with or without notice, for any reason, including because we deem it, at our discretion, to be contrary to these Terms of Use, or for no reason. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using our Website or App.
B. Privacy Policy
Our Privacy Policy is incorporated herein by this reference and made an integral part hereof. You should review our Privacy Policy carefully before agreeing to use our Website or App because our Privacy Policy governs our treatment of information about you, including personally identifiable information that you submit to use when you create a profile or when you participate in the features available at My Account. Please note that certain Content that you may submit to us, or message boards or blogs that you subscribe or contribute Content to might, or are likely to, reveal your gender, ethnic origin, nationality, age, religion and/or sexual orientation, and/or other personal information about you. You acknowledge that your submission of any Content to us is completely voluntary on your part.
C. Snagajob.com Intellectual Property
- All of the design, text, and graphics of our Website and App, as well as the selection and arrangement thereof, are Copyright (C) 2010 Snagajob.com, Inc., All Rights Reserved. SNAGAJOB, SNAGAJOB.COM, THE #1 SOURCE FOR HOURLY EMPLOYMENT, SYSDINE, LOG ON. FIND A JOB. GET TO WORK, THE HOURLY GIG, HOURLY AMERICA, and all of our logos, including the Snagajob logo, The Hourly Gig logo, and the S logo are our trademarks. These trademarks, and the Website and App images and text, and all page headers, graphics, HTML based computer programs used to generate pages on the Website or App, and icons are our trademarks, service marks and/or trade dress, and may not be used without our prior written permission. All uses thereof inure to our benefit. All other trademarks, product names and company names or logos included on the Website or App are the property of their respective owners.
- You may download and print a single copy of the Website or App for your personal use, provided that the content of the Website or App must not be altered in any way and must contain all copyright, trademark and other proprietary notices. You may not use the Website, App or any portion thereof to create or re-create a similar or competing service. Any use of the content of this Website or App not expressly permitted by these Terms of Use, or permitted in writing by us prior to your use, is a breach of these Terms of Use and is strictly prohibited. Please direct any requests for permission to legal@snagajob.com.
- Our Website and App contain material that is protected by the copyright, trademark and other intellectual property laws of the United States and foreign countries. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from our Website or App, except as expressly set forth above. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT OF THE WEBSITE OR APP, OR THE TRADEMARKS SET FORTH THEREIN, CONSTITUTES COPYRIGHT AND/OR TRADEMARK INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED UNDER UNITED STATES AND INTERNATIONAL LAWS AND TREATIES. Any unauthorized use by you of our intellectual property may lead us to revoke your access to our Website and/or App.
D. Collection and Use of Your Content by Us
- The very nature of the service we provide to you requires that we gather, process, use and distribute information that you provide directly (for example, name, physical address, e-mail address and resume), as well as information regarding the manner in which you use our Website or App. We cannot guarantee that your information will be prevented from being viewed by any particular person or entity. Our Privacy Policy governs our treatment of information that you provide to us.
- If you have directly submitted information and would like us to remove it from its database, you should contact us at the email address or phone number listed in the Contact Us section of our Website or App, and we will use reasonable efforts to delete your information from our then existing files.
- You acknowledge, consent and agree that we may access, preserve, and disclose your registration information, your profile and any other information you provide to us if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in our opinion to: (a) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (b) enforce these Terms of Use; (c) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (d) respond to customer service inquiries; or (e) protect the rights, property, or personal safety of Snagajob.com, our Members or the public.
- While we appreciate hearing from you and welcome your comments regarding our Website and/or App, our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our Website and/or App, please be specific in your comments regarding our Website or App and do not submit creative ideas, inventions, suggestions or materials. If, despite our foregoing request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively, a “Submission”), such Submission shall immediately become our property. The Submission shall not be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person.
E. Monitoring
We are under no obligation to monitor the information residing on or transmitted through our Website or App. However, you agree that we may monitor content on our Website or App (a) to comply with any applicable laws, regulations or other government requests; (b) to operate our Website and App properly or to protect us and/or Sponsors or advertisers; and (c) for such other purposes as we deem reasonably necessary or appropriate from time to time. We reserve the right to modify, reject or eliminate any information residing on or transmitted to our Website or App that we believe is unacceptable or in violation of these Terms of Use.
F. No Professional Advice
None of the services, materials, content, or information available on or through our Website or App constitutes employment, career, financial, legal, or other professional advice. You are encouraged to obtain advice tailored to your particular situation from a qualified professional if you have any questions regarding any such matters.
G. Links to Other Sites
- Our Website and App may contain hyperlinks or other connections to websites operated by persons or entities other than us, including, without limitation, those of subscribing Sponsors or advertisers. We do not control those websites and are not responsible for them, their availability, content or any viruses that may be accessed through them. Our inclusion of hyperlinks or other connections to such websites does not imply any endorsement of the material on them or any association with their owners or operators. You are responsible for evaluating whether you want to access or use a third party website. You should review any applicable terms and/or privacy policies of a third party website before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. We are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from a third party website. Accordingly, if you decide to access a third party website, you do so at your own risk and agree that your use of any such website is on an “as is” basis without any warranty, and that these Terms of Use do not apply to your use of any third party website.
- We have no responsibility whatsoever for the activities of our Members or our Sponsors or advertisers or their respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on or from our Website or App). Nothing on our Website or App shall be deemed to be an endorsement, representation or warranty with respect to any Sponsor or advertiser or other third person or entity, whether in regard to its website, products, services or otherwise.
H. Limitation of Liability and Disclaimer of Warranties
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND/OR APP AND THE INTERNET GENERALLY. OUR WEBSITE, APP AND THE INFORMATION PROVIDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE WEBSITE, APP OR OUR INFORMATION PROVIDED THEREIN.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (1) ACCURACY, COMPLETENESS, CONTEMPORANEOUSNESS OR TIMELINESS OF OUR WEBSITE OR APP, (2) THE QUALITY AND SECURITY OF OUR WEBSITE OR APP, OR (3) THE INABILITY TO ACCESS OUR WEBSITE, APP OR THE CONTENT OF EITHER, INCLUDING WHETHER OUR WEBSITE OR APP WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OUR WEBSITE OR APP. WHEN USING OUR WEBSITE OR APP, INFORMATION WILL BE TRANSMITTED OVER THE INTERNET, A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR APP, AND YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR WEBSITE OR APP. ANY MATERIAL DESCRIBED OR USED ON OUR WEBSITE OR APP MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US. WE MAKE NO WARRANTIES WHATSOEVER THAT A USER WILL OBTAIN ANY JOB THROUGH OUR WEBSITE OR APP, NOR DO WE MAKE ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY FOR) ANY JOB YOU MAY OBTAIN. WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO OUR WEBSITE OR APP, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF OUR WEBSITE OR APP BY OTHER USERS. THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
I. Limitation of Damages and Remedies
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM OUR WEBSITE OR APP. YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING OUR WEBSITE OR APP. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE OR APP, OR WITH THE DELAY OR INABILITY TO USE THEM (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH OUR WEBSITE OR APP, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE OR APP, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE, OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED OR HARMED BY US OR ANYTHING RELATED TO US, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THESE TERMS OF USE IN ACCORDANCE WITH SECTION IV (N) (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. OUR CUMULATIVE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE WEBSITE, APP, OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY OF OUR SERVICES, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
THIS LIMITATION OF LIABILITY SHALL (1) APPLY REGARDLESS OF WHETHER (a) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (b) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (c) THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE; AND (2) NOT APPLY TO ANY DAMAGE THAT WE MAY CAUSE YOU INTENTIONALLY OR KNOWINGLY IN VIOLATION OF THESE TERMS OF USE OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED IN THESE TERMS OF USE. IN NO EVENT SHALL WE BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF OUR WEBSITE, APP, OR THE CONTENT OF EITHER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Any claims made by you in connection with your use of our Website, App, or the content of either, must be brought within one (1) year of the date on which the event giving rise to such claim occurred. All remedies set forth in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
J. No Partnership
You agree that no joint venture, partnership, employment or agency relationship exists between you and us (or any of our Sponsors) as a result of these Terms of Use or your use of our Website or App.
K. Certain Legal Requirements
Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in them will diminish our right to comply with law enforcement requests or requirements relating to your use of our Website or App or information provided to or gathered by us with respect to such use.
L. Agreement
These Terms of Use represent the entire binding agreement between you and us, and our respective successors and assigns, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding us, our Website, App or the content thereon. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
M. No Extraterritoriality
We are based in Glen Allen, Virginia in the United States of America. We make no representation that our Website or App is appropriate or may legally be viewed in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Website or App is prohibited from jurisdictions where the Website, App, or their content, is illegal. Those who choose to access or use the Website or App do so on their own initiative and are responsible for compliance with applicable laws. If you access or use the Website or App from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
N. Termination
- Mutual rights of termination. You may terminate your account with us for any reason or no reason, at any time, with notice to us. Your termination notice will be effective upon our processing the notice. We may terminate your account with us for any reason or no reason, at any time, with or without notice. A termination by us will be effective immediately or as may be specified in any notice from us. Termination of your account with us includes disabling your access to our Website and/or App and may also bar you from any future use of our Website and/or App.
- Misuse of the Services. We may restrict, suspend or terminate the account of any Member who abuses or misuses our Website or App. Misuse of our Website or App includes inviting other Members with whom you do not know to connect; abusing the My Account messaging services; creating multiple or false profiles; using our Website or App commercially without our authorization; infringing any intellectual property rights; or any other behavior that we, in our sole discretion, deem contrary to the purpose of the Website or App. In addition, and without limiting the foregoing, we will terminate accounts of Members who, in our sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
- Effect of Termination. Upon the termination of your account with us, you lose access to our Website or App. In addition, we may block access to our Website or App from an IP address or range of IP addresses associated with those of terminated Members.
- Survivability. Any provision that by its nature should survive termination or expiration of these Terms of Use does survive, including, but not limited to, the following provisions: Website and App Security Rules; Indemnification; Snagajob.com Intellectual Property; Collection and Use of Your Content by Us; Limitation of Liability and Disclaimer of Warranties; Limitation of Damages and Remedies; Termination; Jurisdiction and Choice of Law; and Other.
O. Identification of Copyright or Trademark Infringement Agent
If you believe that your copyrighted work or trademark has been uploaded, posted or copied to our Website or App and is accessible on our Website or App in a way that constitutes copyright or trademark infringement, please review our procedure for Complaint Procedure Regarding Content Posted on the Snagajob.com Website or App.
P. Jurisdiction and Choice of Law
- You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, or agents: (a) you will submit to the jurisdiction of the courts of Henrico County, Virginia, including, without limitation, the United States District Court for the Eastern District of Virginia, Richmond Division, or the Circuit Court of the County of Henrico, and (b) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
- You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, directors, and agents, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia in all matters, without regard to its provisions regarding conflicts of law and the United Nations Convention for the International Sale of Goods.
Q. Other
- Your satisfaction is our top priority and we're confident you'll be pleased with our services. Still, if you try us and decide your account does not sufficiently meet your needs, you can cancel for a refund.
- Upon cancellation, your job posting will be turned off and you will be refunded the full amount of your most recent monthly charge from Snagajob.
- The money back guarantee only applies for services that are contracted for using our on-line self-serve portal, does not apply to any services other than job postings and is available only once to each customer.
R. Other
- These Terms of Use, and our Privacy Policy and our Complaint Procedure Regarding Content Posted on the Snagajob.com Website or App, which are incorporated into these Terms of Use by reference, constitute the entire agreement between us and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral, or whether established by custom, practice, policy or precedent.
- We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights or obligations under these Terms of Use without our prior express written permission. Any attempt by you to assign your rights or obligations under these Terms of Use without our permission shall be void.
- If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by these Terms of Use, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in a physical writing hand signed by one of our duly appointed officers.
- In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of our Website or App, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Website, App or any content or other material used or displayed on our Website or App.
- Entities that Snagajob.com owns a fifty percent (50%) or greater interest in (an “Affiliate”) are not parties to these Terms of Use, but intended third party beneficiaries of these Terms of Use, with a right to enforce these Terms of Use directly against you. Neither Apple Inc. nor its subsidiaries are parties to these Terms of Use, but Apple Inc. and its subsidiaries are third party beneficiaries to these Terms of Use as it applies to the App and if you download the App from the iTunes store to an Apple device. By accepting these Terms of Use, Apple will have the right to enforce these Terms of Use against you.
- The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.
- For further information relating to these Terms of Use, or to report a problem regarding the Website or App, please contact legal@snagajob.com, or call Snagajob.com's Support Line 1-877-461-SNAG (7624).
Effective May 6, 2020 to May 6, 2020
DownloadTable of Contents
Snagajob.com® Terms of Use
THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT AND GOVERN THE USE OF THE SNAGAJOB.COM WEBSITE AND MOBILE APPLICATION. PLEASE READ THEM CAREFULLY!
I. Introduction
A. Mission Statement
Snagajob.com, Inc's Mission Statement is to put people in the right-fit positions so they can maximize their potential and live more fulfilling lives.
B. The Snagajob.com Website and Mobile Application
- The Snagajob.com Website and Mobile Application, including all information, text, visual images, software, products and services used or available via the Website or the App and the interactive user area referred to as My Account that is part of the Website (collectively, the "Website") and the “Job Search - Snagajob” Mobile Application (“App”) are owned and operated by Snagajob.com, Inc. ("Snagajob.com," "we," "our," or "us"). Our Website and App are for the use of our members ("Members," "you" or "your") only. Our Website and App enable our Members to learn about, and apply for, employment opportunities with businesses that contract with us to post job listings ("Sponsors"). We agree to provide you with access to our Website and/or App subject to these Terms of Use. In consideration for your use of our Website and/or App, you agree to use it in accordance with these Terms of Use, without reservation. If you register for, or access, our Website or App in any manner, including social registration or login through Facebook, your registration or access constitutes use of the Website or App. BY REGISTERING FOR OR ACCESSING OUR WEBSITE OR APP IN ANY MANNER WHATSOEVER, INCLUDING THROUGH FACEBOOK REGISTRATION, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT REGISTER FOR, ACCESS OR USE OUR WEBSITE OR APP. IF YOU WISH TO ACCESS AND USE OUR WEBSITE OR APP, YOU MUST SELECT THE "I ACCEPT" OPTION AT THE BOTTOM OF THE REGISTRATION FORM OR DURING THE APP REGISTRATION PROCESS. IF YOU DO NOT WISH TO ACCESS OR USE OUR WEBSITE OR APP, YOU MUST SELECT THE "I DO NOT ACCEPT" OPTION AT THE BOTTOM OF THE REGISTRATION FORM OR DURING THE APP REGISTRATION PROCESS. Any and all rights not expressly granted in these Terms of Use are reserved by Snagajob.com.
- By creating a profile or by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, photo, video, voice, and appearance if you provide a photo or video, in connection with a jobseeker database that potential employers may browse. You may be contacted by third parties about jobs for which you did not apply. Additionally, by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, video, voice, and appearance if you provide a video, in connection with your application and delivering your application to the particular employer. We do not submit your photo directly to an employer when you submit an application. However, it is possible for an employer to view your profile, including your photo, in our browsable database of jobseekers. If you do not want to be included in our jobseeker database, do not create a profile and do not submit an application using our Website or App. If you do not want your photo or video to be included in our jobseeker database, do not provide a photo or video in your profile or in connection with a job application.
C. Use of App
- The use of the App requires use of a mobile device and wireless and mobile data service, which you must obtain from your carrier, and may require Internet access. You are responsible for obtaining and paying for such services, and Snagajob.com will not be liable for any costs or fees incurred by or through your use of the App, including, but not limited to, any mobile carrier fees, any SMS, MMS or other text or multimedia message fees, or any payment provider fees.
- By using the App, you consent to receive, at your own cost, electronic communications from Snagajob.com about the App, including, without limitation, via SMS, MMS and other text or multimedia messages, email, and by transmitting data to your mobile device such as through a push message. Such communications from Snagajob.com, Inc. may include, without limitation, administrative messages, service announcements, diagnostic data reports, and updates to the App itself. You consent to the transmission of data from Snagajob.com, Inc. and the App to and from your mobile device, including to push automatic updates to your mobile device.
D. Facebook Social Registration and Login
- By registering for and/or accessing the Website or App through Facebook, you agree to be bound by these Terms of Use, without reservation. Specifically, you agree that any and all information and/or data submitted to us through the Facebook registration process is subject to these Terms of Use including, but not limited to, Section III (D) ("Your License to Us") below.
- By registering through Facebook, you agree to receive email job alerts from us. If you wish to unsubscribe from our email job alerts, you may do so at anytime by updating your settings options through your desktop profile.
E. Modifications to our Website, App and to the Terms of Use
- From time to time we will change, or make improvements to, our Website and App. Such changes and/or improvements may be made without prior notice to you. We may provide you notice of such change on our Website, App or in e-mails we send to our Members.
- From time to time, we also may change these Terms of Use or impose new conditions on the use of the Website and/or App without prior notice to you, in which case we will post the revised Terms of Use on this Website. The revised Terms of Use will be effective immediately upon their posting on the Website. You are responsible for reviewing the most current version of these Terms of Use before using the Website or App to ensure that you agree to any revisions to these Terms of Use. If at any time you do not agree to the revisions we make to these Terms of Use, you should immediately stop accessing or using the Website or App in any manner whatsoever and must remove the App software from your mobile device. By continuing to use the Website or App after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or revisions to these Terms of Use are reasonable.
II. Your Rights and Obligations
A. Service Eligibility
To be eligible to use the Website or App, you represent and warrant that you: (1) are fourteen (14) years of age or older; (2) are not currently restricted from the Website or App, or not otherwise prohibited from having an account with us, (3) are not a competitor of ours and are not using the Website or App for reasons that are in competition with us; (4) will only maintain one account with us at any given time (although you can delete an account and subsequently register for a new one, as long as you have only one active account at a time); (5) have full power and authority to enter into this agreement with us and to be bound by these Terms of Use and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of the Website or App, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to access and use the Website or App.
B. Registration
If you choose to create a profile on our Website or App or through Facebook social registration, you must complete an online registration form. You agree (1) to provide true, accurate, current and complete information about yourself as prompted by the Website's or App’s registration form, and (2) to maintain and promptly update the information you provide to us in order to keep your profile true, accurate, current and complete. If we have reasonable grounds to suspect that the information in your profile is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of our Website or App (or any portion thereof) by you. Our use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
C. User Name/E-Mail Address and Password
To log onto our Website or App, you will need a user name and password which you will supply when you register to use our Website or App. You are responsible for maintaining the security and confidentiality of your user name and password, and all activities (whether by you or by others) with respect to the Website and/or App that occur under your user name or password. You are also liable for all charges, damages and losses incurred or suffered by you and/or by us as a result of your failure to maintain the confidentiality of your user name and password. We are not liable for any harm or loss caused by or related to the theft or disclosure of your user name and password, or your authorization to allow another person to access and use the Website or App with your user name and password. You agree to notify us immediately of any unauthorized use of your user name and password, the need to deactivate your user name and password due to security concerns, or any other breach of security. You must ensure that you log out of your account at the end of each session.
D. Your License and Authorization to Us
- By submitting (e.g., uploading) any message, information, data, text, software, images, or other materials ("Content") to the Website or App, you automatically grant Snagajob.com a royalty-free, perpetual, irrevocable, non-exclusive, fully paid up, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide, or to incorporate it in other
works in any form, media, or technology now known or later developed (for the full term of any rights that may exist in such Content), without restriction or compensation, and to grant and authorize sublicenses thereof. In addition, you agree to waive all moral rights in the Content. Snagajob.com and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Website or App that violates these Terms of Use or is otherwise objectionable. By submitting Content to the Website or App, you represent and warrant that (1) you own the Content, (2) you are entitled to submit it to us and (3) the Content is accurate, truthful, not confidential, and not in violation of any contractual restrictions, third party intellectual property rights, third party privacy rights, or other third party rights. - By submitting and/or signing an application, new hire paperwork (employment agreements, arbitration agreements, new hire manuals, etc.) or other similar document through the Website, you authorize Snagajob to disclose any information that Snagajob has collected during and from the submission and/or signature process, including but not limited to any information necessary to prove the electronic signatures on the application, new hire paperwork or other similar document are attributable to you, to the employer to which the application, new hire paperwork or other similar document was submitted to and/or signed for.
E. Your Responsibilities
- Our Website and App are intended to be used only for lawful purposes by individuals seeking employment. You may not use (or plan, encourage or help others to use) our Website or App for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of our Website and/or App complies with these Terms of Use and to seek prior written permission from us for any uses not permitted or not expressly specified herein. If you do any of the items listed in part three of this section, below, we may, at our sole option, terminate your access to our Website and/or App.
- In connection with using our Website and/or App, you agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with our Privacy Policy;
- Review and comply with notices sent by us concerning the Website, App and our operation thereof; and
- Use the Website and/or App in an honest, respectful and professional manner.
- In connection with using our Website and/or App, you agree that you will not:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior or by posting inappropriate, inaccurate, or objectionable content to our Website or App;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on our Website or App (excluding Content posted by you) except as permitted in these Terms of Use or as expressly authorized by us;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used in connection with the Website or App, or any part thereof;
- Include information in your profile or elsewhere, except in designated fields, that is confidential in nature or that reveals your identity or sensitive personal information such as an email address, phone number or address;
- Create a user profile for anyone other than a natural person;
- Utilize information, content or any data you view on and/or obtain from our Website or App to provide any service that is competitive, in our sole discretion, with our Website, App or our business;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by Snagajob.com, unless you have entered into a written agreement with us to that effect;
- Adapt, modify or create derivative works based on our Website, App or the technology underlying either, or other Members' content, in whole or part;
- Rent, lease, loan, trade or sell/re-sell access to our Website, App or any information therein, or the equivalent, in whole or part;
- Deep-link to our Website or App for any purpose, (i.e. including a link to one of our web pages other than our Website's home page) unless expressly authorized in writing by us or for the purpose of promoting your profile on our Website or App;
- Use manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl" or "spider" our Website or App;
- Use bots or other automated methods to add or download contacts, send or redirect messages or perform other permitted activities;
- Access, via automated or manual means or processes, our Website or App for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
- Engage in "framing," "mirroring," or otherwise simulating the appearance or function of our Website or App;
- Attempt to or actually access our Website or App by any means other than through the interfaces provided by us;
- Attempt to or actually override any security component included in or underlying our Website or App;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Members or our personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Website or App, including ours or any Sponsor's;
- Remove, cover or otherwise obscure any form of advertisement included on our Website or App;
- Harass, abuse or harm another person, including sending unwelcome communications to others using our Website or App;
- Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from our Website or App except as expressly permitted in these Terms of Use, App or as the owner of such information may expressly permit;
- Share information of non-Members without their express consent;
- Interfere with or disrupt our Website or App, including but not limited to any servers or networks connected to our Website or App;
- Invite people you do not know to join My Account;
- Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo or video (if applicable);
- Use or attempt to use another's account without our authorization, or create a false identity on our Website or App;
- Infringe or use our brand, logos and/or trademarks, including, without limitation, using the words "Snagajob" or "Snagajob.com," or words likely to be confused with those words, in any business name, email, or URL, except as expressly permitted by us in writing;
- Upload, post to My Account, email, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by us);
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
- Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (1) using our Website or App to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (2) using our Website or App to connect to people who don't know you and then sending unsolicited promotional messages to those connections without their permission; and (3) sending messages to distribution lists, newsgroup aliases or group aliases;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ours or any Member; and/or H. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through our Website or App.
- Participate, directly or indirectly, in the setting up or development of a network that seeks to create a pyramid scheme or other similar practice.
F. Website and App Security Rules
- You are prohibited from violating or attempting to violate the security of our Website or App, including, without limitation, (a) accessing data not intended for you or logging into a server or account that you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of our Website or App or to breach security or authentication measures without proper authorization, or (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of overloading, "flooding", "mailbombing" or "crashing."
- Violations of Website, App or network security may result in civil or criminal liability. We may investigate occurrences which involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Members who are involved in such violations.
G. Indemnification
You agree to defend, indemnify and hold us, our officers, directors, employees, members, agents, and affiliates harmless from and against all claims, charges, investigations, actions or demands, liabilities and settlements, including without limitation our losses, costs, damages and reasonable legal and accounting fees (collectively, the "Indemnified Claims"), resulting from, or alleged to result from: (1) your breach of these Terms of Use; (2) any Content or other material you provide to our Website or App, (3) your use of our Website's or App’s content, (4) your violation of any applicable law, regulation, rule or order pertaining to your use of our Website or App; (5) your unauthorized or unlawful use of our Website or App; (6) any activity in which you engage in or through our Website or App; or (7) the unauthorized or unlawful use of our Website or App by any other person using your user name and password. We will use reasonable efforts to provide you with prompt notice of any such Indemnified Claims, and may assist you, at our expense and option, in defending any such Indemnified Claims.
H. Notifications and other Service Communications
For purposes of our communicating with you regarding the Website or App, notice required by us under these Terms of Use shall consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you about your Website account, App account, or any other services associated with us through your Website account, App account, including directly through push notifications, or through other means including email, cellular telephone, SMS or MMS messaging, telephone, or delivery services including the U.S. Postal Service,. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Website or App. You may contact us via email at:
legal@snagajob.com
Snagajob.com, Inc. 4851 Lake Brook Drive Glen Allen, VA 23060 USA Attention: CFO
Additionally, Snagajob.com accepts service of process at this address. Any notice required by you under these Terms of Use shall be by mail or courier at the address above with a copy sent by email at legal@Snagajob.com. Notice by you not in compliance with this section shall have no legal effect.
I. User to User Communications
- We offer various forums and blogs on our Website such as My Account where you can post your resume and communicate with other Members. Ideas you post and information you share may be seen and used by other Members and by Sponsors, and we cannot guarantee that other Members or Sponsors will not use the ideas and information that you share on our Website or App. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to our Website or App. WE ARE NOT RESPONSIBLE FOR A MEMBER’S OR SPONSOR’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY COMMUNITY FORUMS ON OUR WEBSITE OR APP, INCLUDING, BUT NOT LIMITED TO, INFORMATION YOU POST IN “MY ACCOUNT.”
- You are solely responsible for your interactions with other Members. We may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Members through use of the Website, App or otherwise limit your use of the Website or App. We reserve the right, but have no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is necessary to enforce these Terms of Use.
J. Peer to Peer Messaging
- The peer to peer messaging functionality is not to be used for emergency communications, and may only be used for lawful and authorized purposes. You and any user added to your organization or location shall not use the messaging functionality to:
- upload, post, transmit, or otherwise make available anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Snagajob employee, administrator, owner, or other member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- manipulate identifiers in order to disguise your or a user's identity;
- upload, post, transmit, or otherwise make available any of information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, transmit or otherwise make available information in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- provide access to the communication functionality of the Service to any third party;
- upload, post, transmit, or otherwise make available any commercial offers, advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
- disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges using the communication functionality of the Service;
- interfere with or disrupt the communication functionality of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software;
- modify, adapt, or hack the communication functionality of the Service, including by using any non-public Snagajob APIs, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
- intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the communication functionality of the Service, including, but not limited to, the Telephone Consumer Protection Act, 47 U.S.C. section 227, any data, privacy, or export control laws, or regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above.
- If you consent to receive SMS messages in connection with the peer to peer communication functionality of the Services, you certify that you are authorized: (a) to use the designated mobile phone number which will receive the SMS messages, and (b) to incur any mobile message or data charges that may be incurred by receipt of the SMS messages as message and data rates may apply. You also agree that by consenting to receive SMS messages in connection with the peer to peer communication functionality of the Services, Snagajob and its representatives may send you automated texts to numbers you associate with your account to inform you when messages from other users are waiting and for any other account-related, customer service or administrative purpose. You may opt out of receiving SMS messages by replying STOP to any Snagajob text message, changing your Snagajob account settings, or contacting the Snagajob Customer Support team at 866-277-1995.
- You understand and agree that Snagajob has no obligations or liabilities associated with any use of the messaging functionality by you or a user that is added to your organization or location. If you add an organization or location in connection with the messaging functionality, you represent and warrant to Snagajob that you are the owner of that organization or location or are otherwise authorized by the organization or location. You understand and agree that you are solely responsible to ensure that a user added under your organization or location complies with the terms of this Section.
K. Compliance with Applicable Laws
You are responsible for ensuring that your use of our Website and/or App complies with all laws directly or indirectly applicable to you or us. Snagajob.com IS NOT LIABLE OR RESPONSIBLE FOR ANY OF YOUR ACTS OR OMISSIONS IN USING THE WEBSITE OR APP IN WAYS THAT DO NOT COMPLY WITH ANY APPLICABLE LAW.
L. You Must be 14 or Older to Use this Website or App
You must be fourteen (14) years of age or older to visit or use our Website or App in any manner. By accessing our Website or App and accepting these Terms of Use, you represent and warrant to us that you have reached the age of fourteen (14) years of age or older, and that you have the right, authority and capacity to agree to, and abide by, these Terms of Use. We will not knowingly collect personally identifiable information from persons under the age of fourteen (14). Snagajob.com complies with the Child Online Privacy Protection Act. If we inadvertently collect personally identifiable information from anyone under the age of fourteen (14), we will delete that information in accordance with our security protocols upon notice.
M. Your Right to Use our Website and App
- For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to access and use our Website through a generally available web browser only for its intended purpose and only as provided in these Terms of Use. For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to download a single copy of the app to your mobile device and to access and use our App through that mobile device for its intended purpose and only as provided in these Terms of Use and in accordance with any usage rules set forth in application stores’ terms of service. Our Website and App are only for your personal and noncommercial use. You may not access our Website or App through scraping, spidering, crawling or any other technology or software used to access data without our express written consent. Except as specifically permitted, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content or information included on our Website or App.
- In addition, you may not (a) rent, lend, sublease or transfer this limited license or any data residing on our Website, App or any of your rights under these Terms of Use to anyone else, (b) develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any part of our Website or App, or (c) transfer to or store any data residing or exchanged over our Website or App in any electronic network for use by more than one Member without obtaining prior written permission from us.
- If you violate any of these Terms of Use, we may immediately terminate your limited license to use our Website and/or App. Any other use of our Website or App contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from our Website or App commercially unless expressly authorized by us) is strictly prohibited and a violation of these Terms of Use. We reserve all rights not expressly granted in these Terms of Use, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in this Website, App and all related items.
N. Complaint Procedure
We built our Website and App to help you find a job, and to help you meet potential employers and other similarly situated job seekers. To achieve this purpose, we encourage you to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, these Terms of Use require that information posted by you be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, we provide a process for submission of complaints concerning content posted by you. Our policy and procedures can be found at our Complaint Procedure Regarding Content Posted on the Snagajob.com Website.
O. Export Control
Your use of our Website or App, including the software that runs our Website or App, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department’s Office of Foreign Assets Control. You shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software, you are not listed on any US government list of prohibited or restricted persons, and you are not located in a country that is subject to a US government embargo or that has been designated by the US government as a “terrorist supporting” country.
III. Our Rights and Obligations
A. Availability of Website and App
For as long as we operate them, we will use our best efforts to provide and seek to update, improve and expand the Website and App, subject to limitations stated in these Terms of Use. As a result, we allow you to access our Website and App as they may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms of Use. We may modify, replace, refuse access to, suspend or discontinue our Website or App, partially or entirely, and at any time, in our sole discretion and without notice to you. All of these changes shall be effective upon their posting on our Website, App or by direct communication to you unless otherwise noted. We further reserve the right, within in our sole discretion, to withhold, remove and/or discard any content available as part of your account, with or without notice, for any reason, including because we deem it, at our discretion, to be contrary to these Terms of Use, or for no reason. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using our Website or App.
B. Privacy Policy
Our Privacy Policy is incorporated herein by this reference and made an integral part hereof. You should review our Privacy Policy carefully before agreeing to use our Website or App because our Privacy Policy governs our treatment of information about you, including personally identifiable information that you submit to use when you create a profile or when you participate in the features available at My Account. Please note that certain Content that you may submit to us, or message boards or blogs that you subscribe or contribute Content to might, or are likely to, reveal your gender, ethnic origin, nationality, age, religion and/or sexual orientation, and/or other personal information about you. You acknowledge that your submission of any Content to us is completely voluntary on your part.
C. Snagajob.com Intellectual Property
- All of the design, text, and graphics of our Website and App, as well as the selection and arrangement thereof, are Copyright (C) 2010 Snagajob.com, Inc., All Rights Reserved. SNAGAJOB, SNAGAJOB.COM, THE #1 SOURCE FOR HOURLY EMPLOYMENT, SYSDINE, LOG ON. FIND A JOB. GET TO WORK, THE HOURLY GIG, HOURLY AMERICA, and all of our logos, including the Snagajob logo, The Hourly Gig logo, and the S logo are our trademarks. These trademarks, and the Website and App images and text, and all page headers, graphics, HTML based computer programs used to generate pages on the Website or App, and icons are our trademarks, service marks and/or trade dress, and may not be used without our prior written permission. All uses thereof inure to our benefit. All other trademarks, product names and company names or logos included on the Website or App are the property of their respective owners.
- You may download and print a single copy of the Website or App for your personal use, provided that the content of the Website or App must not be altered in any way and must contain all copyright, trademark and other proprietary notices. You may not use the Website, App or any portion thereof to create or re-create a similar or competing service. Any use of the content of this Website or App not expressly permitted by these Terms of Use, or permitted in writing by us prior to your use, is a breach of these Terms of Use and is strictly prohibited. Please direct any requests for permission to legal@snagajob.com.
- Our Website and App contain material that is protected by the copyright, trademark and other intellectual property laws of the United States and foreign countries. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from our Website or App, except as expressly set forth above. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT OF THE WEBSITE OR APP, OR THE TRADEMARKS SET FORTH THEREIN, CONSTITUTES COPYRIGHT AND/OR TRADEMARK INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED UNDER UNITED STATES AND INTERNATIONAL LAWS AND TREATIES. Any unauthorized use by you of our intellectual property may lead us to revoke your access to our Website and/or App.
D. Collection and Use of Your Content by Us
- The very nature of the service we provide to you requires that we gather, process, use and distribute information that you provide directly (for example, name, physical address, e-mail address and resume), as well as information regarding the manner in which you use our Website or App. We cannot guarantee that your information will be prevented from being viewed by any particular person or entity. Our Privacy Policy governs our treatment of information that you provide to us.
- If you have directly submitted information and would like us to remove it from its database, you should contact us at the email address or phone number listed in the Contact Us section of our Website or App, and we will use reasonable efforts to delete your information from our then existing files.
- You acknowledge, consent and agree that we may access, preserve, and disclose your registration information, your profile and any other information you provide to us if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in our opinion to: (a) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (b) enforce these Terms of Use; (c) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (d) respond to customer service inquiries; or (e) protect the rights, property, or personal safety of Snagajob.com, our Members or the public.
- While we appreciate hearing from you and welcome your comments regarding our Website and/or App, our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our Website and/or App, please be specific in your comments regarding our Website or App and do not submit creative ideas, inventions, suggestions or materials. If, despite our foregoing request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively, a “Submission”), such Submission shall immediately become our property. The Submission shall not be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person.
E. Monitoring
We are under no obligation to monitor the information residing on or transmitted through our Website or App. However, you agree that we may monitor content on our Website or App (a) to comply with any applicable laws, regulations or other government requests; (b) to operate our Website and App properly or to protect us and/or Sponsors or advertisers; and (c) for such other purposes as we deem reasonably necessary or appropriate from time to time. We reserve the right to modify, reject or eliminate any information residing on or transmitted to our Website or App that we believe is unacceptable or in violation of these Terms of Use.
F. No Professional Advice
None of the services, materials, content, or information available on or through our Website or App constitutes employment, career, financial, legal, or other professional advice. You are encouraged to obtain advice tailored to your particular situation from a qualified professional if you have any questions regarding any such matters.
G. Links to Other Sites
- Our Website and App may contain hyperlinks or other connections to websites operated by persons or entities other than us, including, without limitation, those of subscribing Sponsors or advertisers. We do not control those websites and are not responsible for them, their availability, content or any viruses that may be accessed through them. Our inclusion of hyperlinks or other connections to such websites does not imply any endorsement of the material on them or any association with their owners or operators. You are responsible for evaluating whether you want to access or use a third party website. You should review any applicable terms and/or privacy policies of a third party website before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. We are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from a third party website. Accordingly, if you decide to access a third party website, you do so at your own risk and agree that your use of any such website is on an “as is” basis without any warranty, and that these Terms of Use do not apply to your use of any third party website.
- We have no responsibility whatsoever for the activities of our Members or our Sponsors or advertisers or their respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on or from our Website or App). Nothing on our Website or App shall be deemed to be an endorsement, representation or warranty with respect to any Sponsor or advertiser or other third person or entity, whether in regard to its website, products, services or otherwise.
H. Limitation of Liability and Disclaimer of Warranties
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE AND/OR APP AND THE INTERNET GENERALLY. OUR WEBSITE, APP AND THE INFORMATION PROVIDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, AND/OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE WEBSITE, APP OR OUR INFORMATION PROVIDED THEREIN.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE (1) ACCURACY, COMPLETENESS, CONTEMPORANEOUSNESS OR TIMELINESS OF OUR WEBSITE OR APP, (2) THE QUALITY AND SECURITY OF OUR WEBSITE OR APP, OR (3) THE INABILITY TO ACCESS OUR WEBSITE, APP OR THE CONTENT OF EITHER, INCLUDING WHETHER OUR WEBSITE OR APP WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOURSELF AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OUR WEBSITE OR APP. WHEN USING OUR WEBSITE OR APP, INFORMATION WILL BE TRANSMITTED OVER THE INTERNET, A MEDIUM THAT IS BEYOND OUR CONTROL AND JURISDICTION. ACCORDINGLY, WE ASSUME NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR APP, AND YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
YOU SHALL HAVE ABSOLUTELY NO RECOURSE AGAINST US FOR ANY ALLEGED OR ACTUAL INFRINGEMENT OF ANY PROPRIETARY RIGHTS YOU MAY HAVE IN ANYTHING YOU POST ON OUR WEBSITE OR APP. ANY MATERIAL DESCRIBED OR USED ON OUR WEBSITE OR APP MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US. WE MAKE NO WARRANTIES WHATSOEVER THAT A USER WILL OBTAIN ANY JOB THROUGH OUR WEBSITE OR APP, NOR DO WE MAKE ANY WARRANTIES ABOUT (AND TAKE NO RESPONSIBILITY FOR) ANY JOB YOU MAY OBTAIN. WE DO NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO OUR WEBSITE OR APP, NOR DO WE HAVE ANY OBLIGATION TO MONITOR THE USE OF OUR WEBSITE OR APP BY OTHER USERS. THEREFORE, WE DISCLAIM ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
I. Limitation of Damages and Remedies
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED AS A RESULT OF ACCESSING, USING, PRINTING, COPYING OR DOWNLOADING ANYTHING FROM OUR WEBSITE OR APP. YOU FURTHER AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING OUR WEBSITE OR APP. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE OR APP, OR WITH THE DELAY OR INABILITY TO USE THEM (OR ANY LINKED SITES), OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH OUR WEBSITE OR APP, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE OR APP, THE INTERNET GENERALLY OR ON ANY OTHER BASIS (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE), EVEN IF WE, OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED OR HARMED BY US OR ANYTHING RELATED TO US, YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THESE TERMS OF USE IN ACCORDANCE WITH SECTION IV (N) (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. OUR CUMULATIVE LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE WEBSITE, APP, OR THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY OF OUR SERVICES, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).
THIS LIMITATION OF LIABILITY SHALL (1) APPLY REGARDLESS OF WHETHER (a) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (b) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (c) THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE; AND (2) NOT APPLY TO ANY DAMAGE THAT WE MAY CAUSE YOU INTENTIONALLY OR KNOWINGLY IN VIOLATION OF THESE TERMS OF USE OR APPLICABLE LAW, OR AS OTHERWISE MANDATED BY APPLICABLE LAW THAT CANNOT BE DISCLAIMED IN THESE TERMS OF USE. IN NO EVENT SHALL WE BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF OUR WEBSITE, APP, OR THE CONTENT OF EITHER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Any claims made by you in connection with your use of our Website, App, or the content of either, must be brought within one (1) year of the date on which the event giving rise to such claim occurred. All remedies set forth in these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.
J. No Partnership
You agree that no joint venture, partnership, employment or agency relationship exists between you and us (or any of our Sponsors) as a result of these Terms of Use or your use of our Website or App.
K. Certain Legal Requirements
Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in them will diminish our right to comply with law enforcement requests or requirements relating to your use of our Website or App or information provided to or gathered by us with respect to such use.
L. Agreement
These Terms of Use represent the entire binding agreement between you and us, and our respective successors and assigns, and supersede any and all prior understandings, statements or representations, whether electronic, oral or written, regarding us, our Website, App or the content thereon. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
M. No Extraterritoriality
We are based in Glen Allen, Virginia in the United States of America. We make no representation that our Website or App is appropriate or may legally be viewed in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Website or App is prohibited from jurisdictions where the Website, App, or their content, is illegal. Those who choose to access or use the Website or App do so on their own initiative and are responsible for compliance with applicable laws. If you access or use the Website or App from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
N. Termination
- Mutual rights of termination. You may terminate your account with us for any reason or no reason, at any time, with notice to us. Your termination notice will be effective upon our processing the notice. We may terminate your account with us for any reason or no reason, at any time, with or without notice. A termination by us will be effective immediately or as may be specified in any notice from us. Termination of your account with us includes disabling your access to our Website and/or App and may also bar you from any future use of our Website and/or App.
- Misuse of the Services. We may restrict, suspend or terminate the account of any Member who abuses or misuses our Website or App. Misuse of our Website or App includes inviting other Members with whom you do not know to connect; abusing the My Account messaging services; creating multiple or false profiles; using our Website or App commercially without our authorization; infringing any intellectual property rights; or any other behavior that we, in our sole discretion, deem contrary to the purpose of the Website or App. In addition, and without limiting the foregoing, we will terminate accounts of Members who, in our sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
- Effect of Termination. Upon the termination of your account with us, you lose access to our Website or App. In addition, we may block access to our Website or App from an IP address or range of IP addresses associated with those of terminated Members.
- Survivability. Any provision that by its nature should survive termination or expiration of these Terms of Use does survive, including, but not limited to, the following provisions: Website and App Security Rules; Indemnification; Snagajob.com Intellectual Property; Collection and Use of Your Content by Us; Limitation of Liability and Disclaimer of Warranties; Limitation of Damages and Remedies; Termination; Jurisdiction and Choice of Law; and Other.
O. Identification of Copyright or Trademark Infringement Agent
If you believe that your copyrighted work or trademark has been uploaded, posted or copied to our Website or App and is accessible on our Website or App in a way that constitutes copyright or trademark infringement, please review our procedure for Complaint Procedure Regarding Content Posted on the Snagajob.com Website or App.
P. Jurisdiction and Choice of Law
- You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, or agents: (a) you will submit to the jurisdiction of the courts of Henrico County, Virginia, including, without limitation, the United States District Court for the Eastern District of Virginia, Richmond Division, or the Circuit Court of the County of Henrico, and (b) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
- You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, directors, and agents, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia in all matters, without regard to its provisions regarding conflicts of law and the United Nations Convention for the International Sale of Goods.
Q. Other
- Your satisfaction is our top priority and we're confident you'll be pleased with our services. Still, if you try us and decide your account does not sufficiently meet your needs, you can cancel for a refund.
- Upon cancellation, your job posting will be turned off and you will be refunded the full amount of your most recent monthly charge from Snagajob.
- The money back guarantee only applies for services that are contracted for using our on-line self-serve portal, does not apply to any services other than job postings and is available only once to each customer.
R. Other
- These Terms of Use, and our Privacy Policy and our Complaint Procedure Regarding Content Posted on the Snagajob.com Website or App, which are incorporated into these Terms of Use by reference, constitute the entire agreement between us and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral, or whether established by custom, practice, policy or precedent.
- We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights or obligations under these Terms of Use without our prior express written permission. Any attempt by you to assign your rights or obligations under these Terms of Use without our permission shall be void.
- If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by these Terms of Use, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in a physical writing hand signed by one of our duly appointed officers.
- In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of our Website or App, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Website, App or any content or other material used or displayed on our Website or App.
- Entities that Snagajob.com owns a fifty percent (50%) or greater interest in (an “Affiliate”) are not parties to these Terms of Use, but intended third party beneficiaries of these Terms of Use, with a right to enforce these Terms of Use directly against you. Neither Apple Inc. nor its subsidiaries are parties to these Terms of Use, but Apple Inc. and its subsidiaries are third party beneficiaries to these Terms of Use as it applies to the App and if you download the App from the iTunes store to an Apple device. By accepting these Terms of Use, Apple will have the right to enforce these Terms of Use against you.
- The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.
- For further information relating to these Terms of Use, or to report a problem regarding the Website or App, please contact legal@snagajob.com, or call Snagajob.com's Support Line 1-877-461-SNAG (7624).
Effective May 6, 2020 to May 6, 2020
DownloadSummary of changes
Table of Contents
- The Snagajob.com Website and Mobile Application, including all information, text, visual images, software, products and services used or available via the Website or the App and the interactive user area referred to as My Account that is part of the Website (collectively, the "Website") and the “Job Search - Snagajob” Mobile Application (“App”) are owned and operated by Snagajob.com, Inc. ("Snagajob.com," "we," "our," or "us"). Our Website and App are for the use of our members ("Members," "you" or "your") only. Our Website and App enable our Members to learn about, and apply for, employment opportunities with businesses that contract with us to post job listings ("Sponsors"). We agree to provide you with access to our Website and/or App subject to these Terms of Use. In consideration for your use of our Website and/or App, you agree to use it in accordance with these Terms of Use, without reservation. If you register for, or access, our Website or App in any manner, including social registration or login through Facebook, your registration or access constitutes use of the Website or App. BY REGISTERING FOR OR ACCESSING OUR WEBSITE OR APP IN ANY MANNER WHATSOEVER, INCLUDING THROUGH FACEBOOK REGISTRATION, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT REGISTER FOR, ACCESS OR USE OUR WEBSITE OR APP. IF YOU WISH TO ACCESS AND USE OUR WEBSITE OR APP, YOU MUST SELECT THE "I ACCEPT" OPTION AT THE BOTTOM OF THE REGISTRATION FORM OR DURING THE APP REGISTRATION PROCESS. IF YOU DO NOT WISH TO ACCESS OR USE OUR WEBSITE OR APP, YOU MUST SELECT THE "I DO NOT ACCEPT" OPTION AT THE BOTTOM OF THE REGISTRATION FORM OR DURING THE APP REGISTRATION PROCESS. Any and all rights not expressly granted in these Terms of Use are reserved by Snagajob.com.
- By creating a profile or by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, photo, video, voice, and appearance if you provide a photo or video, in connection with a jobseeker database that potential employers may browse. You may be contacted by third parties about jobs for which you did not apply. Additionally, by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, video, voice, and appearance if you provide a video, in connection with your application and delivering your application to the particular employer. We do not submit your photo directly to an employer when you submit an application. However, it is possible for an employer to view your profile, including your photo, in our browsable database of jobseekers. If you do not want to be included in our jobseeker database, do not create a profile and do not submit an application using our Website or App. If you do not want your photo or video to be included in our jobseeker database, do not provide a photo or video in your profile or in connection with a job application.
- The use of the App requires use of a mobile device and wireless and mobile data service, which you must obtain from your carrier, and may require Internet access. You are responsible for obtaining and paying for such services, and Snagajob.com will not be liable for any costs or fees incurred by or through your use of the App, including, but not limited to, any mobile carrier fees, any SMS, MMS or other text or multimedia message fees, or any payment provider fees.
- By using the App, you consent to receive, at your own cost, electronic communications from Snagajob.com about the App, including, without limitation, via SMS, MMS and other text or multimedia messages, email, and by transmitting data to your mobile device such as through a push message. Such communications from Snagajob.com, Inc. may include, without limitation, administrative messages, service announcements, diagnostic data reports, and updates to the App itself. You consent to the transmission of data from Snagajob.com, Inc. and the App to and from your mobile device, including to push automatic updates to your mobile device.
- By registering for and/or accessing the Website or App through Facebook, you agree to be bound by these Terms of Use, without reservation. Specifically, you agree that any and all information and/or data submitted to us through the Facebook registration process is subject to these Terms of Use including, but not limited to, Section III (D) ("Your License to Us") below.
- By registering through Facebook, you agree to receive email job alerts from us. If you wish to unsubscribe from our email job alerts, you may do so at anytime by updating your settings options through your desktop profile.
- From time to time we will change, or make improvements to, our Website and App. Such changes and/or improvements may be made without prior notice to you. We may provide you notice of such change on our Website, App or in e-mails we send to our Members.
- From time to time, we also may change these Terms of Use or impose new conditions on the use of the Website and/or App without prior notice to you, in which case we will post the revised Terms of Use on this Website. The revised Terms of Use will be effective immediately upon their posting on the Website. You are responsible for reviewing the most current version of these Terms of Use before using the Website or App to ensure that you agree to any revisions to these Terms of Use. If at any time you do not agree to the revisions we make to these Terms of Use, you should immediately stop accessing or using the Website or App in any manner whatsoever and must remove the App software from your mobile device. By continuing to use the Website or App after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or revisions to these Terms of Use are reasonable.
- By submitting (e.g., uploading) any message, information, data, text, software, images, or other materials ("Content") to the Website or App, you automatically grant Snagajob.com a royalty-free, perpetual, irrevocable, non-exclusive, fully paid up, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide, or to incorporate it in other
works in any form, media, or technology now known or later developed (for the full term of any rights that may exist in such Content), without restriction or compensation, and to grant and authorize sublicenses thereof. In addition, you agree to waive all moral rights in the Content. Snagajob.com and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Website or App that violates these Terms of Use or is otherwise objectionable. By submitting Content to the Website or App, you represent and warrant that (1) you own the Content, (2) you are entitled to submit it to us and (3) the Content is accurate, truthful, not confidential, and not in violation of any contractual restrictions, third party intellectual property rights, third party privacy rights, or other third party rights. - By submitting and/or signing an application, new hire paperwork (employment agreements, arbitration agreements, new hire manuals, etc.) or other similar document through the Website, you authorize Snagajob to disclose any information that Snagajob has collected during and from the submission and/or signature process, including but not limited to any information necessary to prove the electronic signatures on the application, new hire paperwork or other similar document are attributable to you, to the employer to which the application, new hire paperwork or other similar document was submitted to and/or signed for.
- Our Website and App are intended to be used only for lawful purposes by individuals seeking employment. You may not use (or plan, encourage or help others to use) our Website or App for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of our Website and/or App complies with these Terms of Use and to seek prior written permission from us for any uses not permitted or not expressly specified herein. If you do any of the items listed in part three of this section, below, we may, at our sole option, terminate your access to our Website and/or App.
- In connection with using our Website and/or App, you agree that you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with our Privacy Policy;
- Review and comply with notices sent by us concerning the Website, App and our operation thereof; and
- Use the Website and/or App in an honest, respectful and professional manner.
- In connection with using our Website and/or App, you agree that you will not:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior or by posting inappropriate, inaccurate, or objectionable content to our Website or App;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on our Website or App (excluding Content posted by you) except as permitted in these Terms of Use or as expressly authorized by us;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used in connection with the Website or App, or any part thereof;
- Include information in your profile or elsewhere, except in designated fields, that is confidential in nature or that reveals your identity or sensitive personal information such as an email address, phone number or address;
- Create a user profile for anyone other than a natural person;
- Utilize information, content or any data you view on and/or obtain from our Website or App to provide any service that is competitive, in our sole discretion, with our Website, App or our business;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by Snagajob.com, unless you have entered into a written agreement with us to that effect;
- Adapt, modify or create derivative works based on our Website, App or the technology underlying either, or other Members' content, in whole or part;
- Rent, lease, loan, trade or sell/re-sell access to our Website, App or any information therein, or the equivalent, in whole or part;
- Deep-link to our Website or App for any purpose, (i.e. including a link to one of our web pages other than our Website's home page) unless expressly authorized in writing by us or for the purpose of promoting your profile on our Website or App;
- Use manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl" or "spider" our Website or App;
- Use bots or other automated methods to add or download contacts, send or redirect messages or perform other permitted activities;
- Access, via automated or manual means or processes, our Website or App for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
- Engage in "framing," "mirroring," or otherwise simulating the appearance or function of our Website or App;
- Attempt to or actually access our Website or App by any means other than through the interfaces provided by us;
- Attempt to or actually override any security component included in or underlying our Website or App;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Members or our personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Website or App, including ours or any Sponsor's;
- Remove, cover or otherwise obscure any form of advertisement included on our Website or App;
- Harass, abuse or harm another person, including sending unwelcome communications to others using our Website or App;
- Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from our Website or App except as expressly permitted in these Terms of Use, App or as the owner of such information may expressly permit;
- Share information of non-Members without their express consent;
- Interfere with or disrupt our Website or App, including but not limited to any servers or networks connected to our Website or App;
- Invite people you do not know to join My Account;
- Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo or video (if applicable);
- Use or attempt to use another's account without our authorization, or create a false identity on our Website or App;
- Infringe or use our brand, logos and/or trademarks, including, without limitation, using the words "Snagajob" or "Snagajob.com," or words likely to be confused with those words, in any business name, email, or URL, except as expressly permitted by us in writing;
- Upload, post to My Account, email, transmit or otherwise make available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by us);
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
- Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (1) using our Website or App to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (2) using our Website or App to connect to people who don't know you and then sending unsolicited promotional messages to those connections without their permission; and (3) sending messages to distribution lists, newsgroup aliases or group aliases;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ours or any Member; and/or H. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through our Website or App.
- Participate, directly or indirectly, in the setting up or development of a network that seeks to create a pyramid scheme or other similar practice.
- You are prohibited from violating or attempting to violate the security of our Website or App, including, without limitation, (a) accessing data not intended for you or logging into a server or account that you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of our Website or App or to breach security or authentication measures without proper authorization, or (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of overloading, "flooding", "mailbombing" or "crashing."
- Violations of Website, App or network security may result in civil or criminal liability. We may investigate occurrences which involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Members who are involved in such violations.
- We offer various forums and blogs on our Website such as My Account where you can post your resume and communicate with other Members. Ideas you post and information you share may be seen and used by other Members and by Sponsors, and we cannot guarantee that other Members or Sponsors will not use the ideas and information that you share on our Website or App. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to our Website or App. WE ARE NOT RESPONSIBLE FOR A MEMBER’S OR SPONSOR’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY COMMUNITY FORUMS ON OUR WEBSITE OR APP, INCLUDING, BUT NOT LIMITED TO, INFORMATION YOU POST IN “MY ACCOUNT.”
- You are solely responsible for your interactions with other Members. We may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Members through use of the Website, App or otherwise limit your use of the Website or App. We reserve the right, but have no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is necessary to enforce these Terms of Use.
- The peer to peer messaging functionality is not to be used for emergency communications, and may only be used for lawful and authorized purposes. You and any user added to your organization or location shall not use the messaging functionality to:
- upload, post, transmit, or otherwise make available anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Snagajob employee, administrator, owner, or other member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- manipulate identifiers in order to disguise your or a user's identity;
- upload, post, transmit, or otherwise make available any of information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, transmit or otherwise make available information in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- provide access to the communication functionality of the Service to any third party;
- upload, post, transmit, or otherwise make available any commercial offers, advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
- disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges using the communication functionality of the Service;
- interfere with or disrupt the communication functionality of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software;
- modify, adapt, or hack the communication functionality of the Service, including by using any non-public Snagajob APIs, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
- intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the communication functionality of the Service, including, but not limited to, the Telephone Consumer Protection Act, 47 U.S.C. section 227, any data, privacy, or export control laws, or regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another; and/or
- collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above.
- If you consent to receive SMS messages in connection with the peer to peer communication functionality of the Services, you certify that you are authorized: (a) to use the designated mobile phone number which will receive the SMS messages, and (b) to incur any mobile message or data charges that may be incurred by receipt of the SMS messages as message and data rates may apply. You also agree that by consenting to receive SMS messages in connection with the peer to peer communication functionality of the Services, Snagajob and its representatives may send you automated texts to numbers you associate with your account to inform you when messages from other users are waiting and for any other account-related, customer service or administrative purpose. You may opt out of receiving SMS messages by replying STOP to any Snagajob text message, changing your Snagajob account settings, or contacting the Snagajob Customer Support team at 866-277-1995.
- You understand and agree that Snagajob has no obligations or liabilities associated with any use of the messaging functionality by you or a user that is added to your organization or location. If you add an organization or location in connection with the messaging functionality, you represent and warrant to Snagajob that you are the owner of that organization or location or are otherwise authorized by the organization or location. You understand and agree that you are solely responsible to ensure that a user added under your organization or location complies with the terms of this Section.
- For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to access and use our Website through a generally available web browser only for its intended purpose and only as provided in these Terms of Use. For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to download a single copy of the app to your mobile device and to access and use our App through that mobile device for its intended purpose and only as provided in these Terms of Use and in accordance with any usage rules set forth in application stores’ terms of service. Our Website and App are only for your personal and noncommercial use. You may not access our Website or App through scraping, spidering, crawling or any other technology or software used to access data without our express written consent. Except as specifically permitted, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content or information included on our Website or App.
- In addition, you may not (a) rent, lend, sublease or transfer this limited license or any data residing on our Website, App or any of your rights under these Terms of Use to anyone else, (b) develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any part of our Website or App, or (c) transfer to or store any data residing or exchanged over our Website or App in any electronic network for use by more than one Member without obtaining prior written permission from us.
- If you violate any of these Terms of Use, we may immediately terminate your limited license to use our Website and/or App. Any other use of our Website or App contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from our Website or App commercially unless expressly authorized by us) is strictly prohibited and a violation of these Terms of Use. We reserve all rights not expressly granted in these Terms of Use, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in this Website, App and all related items.
- All of the design, text, and graphics of our Website and App, as well as the selection and arrangement thereof, are Copyright (C) 2010 Snagajob.com, Inc., All Rights Reserved. SNAGAJOB, SNAGAJOB.COM, THE #1 SOURCE FOR HOURLY EMPLOYMENT, SYSDINE, LOG ON. FIND A JOB. GET TO WORK, THE HOURLY GIG, HOURLY AMERICA, and all of our logos, including the Snagajob logo, The Hourly Gig logo, and the S logo are our trademarks. These trademarks, and the Website and App images and text, and all page headers, graphics, HTML based computer programs used to generate pages on the Website or App, and icons are our trademarks, service marks and/or trade dress, and may not be used without our prior written permission. All uses thereof inure to our benefit. All other trademarks, product names and company names or logos included on the Website or App are the property of their respective owners.
- You may download and print a single copy of the Website or App for your personal use, provided that the content of the Website or App must not be altered in any way and must contain all copyright, trademark and other proprietary notices. You may not use the Website, App or any portion thereof to create or re-create a similar or competing service. Any use of the content of this Website or App not expressly permitted by these Terms of Use, or permitted in writing by us prior to your use, is a breach of these Terms of Use and is strictly prohibited. Please direct any requests for permission to legal@snagajob.com.
- Our Website and App contain material that is protected by the copyright, trademark and other intellectual property laws of the United States and foreign countries. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from our Website or App, except as expressly set forth above. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT OF THE WEBSITE OR APP, OR THE TRADEMARKS SET FORTH THEREIN, CONSTITUTES COPYRIGHT AND/OR TRADEMARK INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED UNDER UNITED STATES AND INTERNATIONAL LAWS AND TREATIES. Any unauthorized use by you of our intellectual property may lead us to revoke your access to our Website and/or App.
- The very nature of the service we provide to you requires that we gather, process, use and distribute information that you provide directly (for example, name, physical address, e-mail address and resume), as well as information regarding the manner in which you use our Website or App. We cannot guarantee that your information will be prevented from being viewed by any particular person or entity. Our Privacy Policy governs our treatment of information that you provide to us.
- If you have directly submitted information and would like us to remove it from its database, you should contact us at the email address or phone number listed in the Contact Us section of our Website or App, and we will use reasonable efforts to delete your information from our then existing files.
- You acknowledge, consent and agree that we may access, preserve, and disclose your registration information, your profile and any other information you provide to us if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in our opinion to: (a) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (b) enforce these Terms of Use; (c) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (d) respond to customer service inquiries; or (e) protect the rights, property, or personal safety of Snagajob.com, our Members or the public.
- While we appreciate hearing from you and welcome your comments regarding our Website and/or App, our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our Website and/or App, please be specific in your comments regarding our Website or App and do not submit creative ideas, inventions, suggestions or materials. If, despite our foregoing request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively, a “Submission”), such Submission shall immediately become our property. The Submission shall not be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person.
- Our Website and App may contain hyperlinks or other connections to websites operated by persons or entities other than us, including, without limitation, those of subscribing Sponsors or advertisers. We do not control those websites and are not responsible for them, their availability, content or any viruses that may be accessed through them. Our inclusion of hyperlinks or other connections to such websites does not imply any endorsement of the material on them or any association with their owners or operators. You are responsible for evaluating whether you want to access or use a third party website. You should review any applicable terms and/or privacy policies of a third party website before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. We are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from a third party website. Accordingly, if you decide to access a third party website, you do so at your own risk and agree that your use of any such website is on an “as is” basis without any warranty, and that these Terms of Use do not apply to your use of any third party website.
- We have no responsibility whatsoever for the activities of our Members or our Sponsors or advertisers or their respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on or from our Website or App). Nothing on our Website or App shall be deemed to be an endorsement, representation or warranty with respect to any Sponsor or advertiser or other third person or entity, whether in regard to its website, products, services or otherwise.
- Mutual rights of termination. You may terminate your account with us for any reason or no reason, at any time, with notice to us. Your termination notice will be effective upon our processing the notice. We may terminate your account with us for any reason or no reason, at any time, with or without notice. A termination by us will be effective immediately or as may be specified in any notice from us. Termination of your account with us includes disabling your access to our Website and/or App and may also bar you from any future use of our Website and/or App.
- Misuse of the Services. We may restrict, suspend or terminate the account of any Member who abuses or misuses our Website or App. Misuse of our Website or App includes inviting other Members with whom you do not know to connect; abusing the My Account messaging services; creating multiple or false profiles; using our Website or App commercially without our authorization; infringing any intellectual property rights; or any other behavior that we, in our sole discretion, deem contrary to the purpose of the Website or App. In addition, and without limiting the foregoing, we will terminate accounts of Members who, in our sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
- Effect of Termination. Upon the termination of your account with us, you lose access to our Website or App. In addition, we may block access to our Website or App from an IP address or range of IP addresses associated with those of terminated Members.
- Survivability. Any provision that by its nature should survive termination or expiration of these Terms of Use does survive, including, but not limited to, the following provisions: Website and App Security Rules; Indemnification; Snagajob.com Intellectual Property; Collection and Use of Your Content by Us; Limitation of Liability and Disclaimer of Warranties; Limitation of Damages and Remedies; Termination; Jurisdiction and Choice of Law; and Other.
- You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, or agents: (a) you will submit to the jurisdiction of the courts of Henrico County, Virginia, including, without limitation, the United States District Court for the Eastern District of Virginia, Richmond Division, or the Circuit Court of the County of Henrico, and (b) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
- You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, directors, and agents, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia in all matters, without regard to its provisions regarding conflicts of law and the United Nations Convention for the International Sale of Goods.
- Your satisfaction is our top priority and we're confident you'll be pleased with our services. Still, if you try us and decide your account does not sufficiently meet your needs, you can cancel for a refund.
- Upon cancellation, your job posting will be turned off and you will be refunded the full amount of your most recent monthly charge from Snagajob.
- The money back guarantee only applies for services that are contracted for using our on-line self-serve portal, does not apply to any services other than job postings and is available only once to each customer.
- These Terms of Use, and our Privacy Policy and our Complaint Procedure Regarding Content Posted on the Snagajob.com Website or App, which are incorporated into these Terms of Use by reference, constitute the entire agreement between us and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral, or whether established by custom, practice, policy or precedent.
- We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights or obligations under these Terms of Use without our prior express written permission. Any attempt by you to assign your rights or obligations under these Terms of Use without our permission shall be void.
- If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by these Terms of Use, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in a physical writing hand signed by one of our duly appointed officers.
- In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of our Website or App, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Website, App or any content or other material used or displayed on our Website or App.
- Entities that Snagajob.com owns a fifty percent (50%) or greater interest in (an “Affiliate”) are not parties to these Terms of Use, but intended third party beneficiaries of these Terms of Use, with a right to enforce these Terms of Use directly against you. Neither Apple Inc. nor its subsidiaries are parties to these Terms of Use, but Apple Inc. and its subsidiaries are third party beneficiaries to these Terms of Use as it applies to the App and if you download the App from the iTunes store to an Apple device. By accepting these Terms of Use, Apple will have the right to enforce these Terms of Use against you.
- The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.
- For further information relating to these Terms of Use, or to report a problem regarding the Website or App, please contact legal@snagajob.com, or call Snagajob.com's Support Line 1-877-461-SNAG (7624).
Effective May 5, 2020 to May 6, 2020
DownloadTable of Contents
- The Snagajob.com Website and Mobile Application, including all information, text, visual images, software, products and services used or available via the Website or the App and the interactive user area referred to as My Account that is part of the Website (collectively, the "Website") and the “Job Search - Snagajob” Mobile Application (“App”) are owned and operated by Snagajob.com, Inc. ("Snagajob.com," "we," "our," or "us"). Our Website and App are for the use of our members ("Members," "you" or "your") only. Our Website and App enable our Members to learn about, and apply for, employment opportunities with businesses that contract with us to post job listings ("Sponsors"). We agree to provide you with access to our Website and/or App subject to these Terms of Use. In consideration for your use of our Website and/or App, you agree to use it in accordance with these Terms of Use, without reservation. If you register for, or access, our Website or App in any manner, including social registration or login through Facebook, your registration or access constitutes use of the Website or App. BY REGISTERING FOR OR ACCESSING OUR WEBSITE OR APP IN ANY MANNER WHATSOEVER, INCLUDING THROUGH FACEBOOK REGISTRATION, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT REGISTER FOR, ACCESS OR USE OUR WEBSITE OR APP. IF YOU WISH TO ACCESS AND USE OUR WEBSITE OR APP, YOU MUST SELECT THE "I ACCEPT" OPTION AT THE BOTTOM OF THE REGISTRATION FORM OR DURING THE APP REGISTRATION PROCESS. IF YOU DO NOT WISH TO ACCESS OR USE OUR WEBSITE OR APP, YOU MUST SELECT THE "I DO NOT ACCEPT" OPTION AT THE BOTTOM OF THE REGISTRATION FORM OR DURING THE APP REGISTRATION PROCESS. Any and all rights not expressly granted in these Terms of Use are reserved by Snagajob.com.
- By creating a profile or by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, photo, video, voice, and appearance if you provide a photo or video, in connection with a jobseeker database that potential employers may browse. You may be contacted by third parties about jobs for which you did not apply. Additionally, by submitting an application to an employer through our Website or App, you are expressly consenting to our use of your name, as well as your likeness, image, video, voice, and appearance if you provide a video, in connection with your application and delivering your application to the particular employer. We do not submit your photo directly to an employer when you submit an application. However, it is possible for an employer to view your profile, including your photo, in our browsable database of jobseekers. If you do not want to be included in our jobseeker database, do not create a profile and do not submit an application using our Website or App. If you do not want your photo or video to be included in our jobseeker database, do not provide a photo or video in your profile or in connection with a job application.
- The use of the App requires use of a mobile device and wireless and mobile data service, which you must obtain from your carrier, and may require Internet access. You are responsible for obtaining and paying for such services, and Snagajob.com will not be liable for any costs or fees incurred by or through your use of the App, including, but not limited to, any mobile carrier fees, any SMS, MMS or other text or multimedia message fees, or any payment provider fees.
- By using the App, you consent to receive, at your own cost, electronic communications from Snagajob.com about the App, including, without limitation, via SMS, MMS and other text or multimedia messages, email, and by transmitting data to your mobile device such as through a push message. Such communications from Snagajob.com, Inc. may include, without limitation, administrative messages, service announcements, diagnostic data reports, and updates to the App itself. You consent to the transmission of data from Snagajob.com, Inc. and the App to and from your mobile device, including to push automatic updates to your mobile device.
- By registering for and/or accessing the Website or App through Facebook, you agree to be bound by these Terms of Use, without reservation. Specifically, you agree that any and all information and/or data submitted to us through the Facebook registration process is subject to these Terms of Use including, but not limited to, Section III (D) ("Your License to Us") below.
- By registering through Facebook, you agree to receive email job alerts from us. If you wish to unsubscribe from our email job alerts, you may do so at anytime by updating your settings options through your desktop profile.
- From time to time we will change, or make improvements to, our Website and App. Such changes and/or improvements may be made without prior notice to you. We may provide you notice of such change on our Website, App or in e-mails we send to our Members.
- From time to time, we also may change these Terms of Use or impose new conditions on the use of the Website and/or App without prior notice to you, in which case we will post the revised Terms of Use on this Website. The revised Terms of Use will be effective immediately upon their posting on the Website. You are responsible for reviewing the most current version of these Terms of Use before using the Website or App to ensure that you agree to any revisions to these Terms of Use. If at any time you do not agree to the revisions we make to these Terms of Use, you should immediately stop accessing or using the Website or App in any manner whatsoever and must remove the App software from your mobile device. By continuing to use the Website or App after we post any such changes, you accept the Terms of Use, as modified. You further agree that these methods of providing notice and acceptance of changes or revisions to these Terms of Use are reasonable.
- By submitting (e.g., uploading) any message, information, data, text, software, images, or other materials ("Content") to the Website or App, you automatically grant Snagajob.com a royalty-free, perpetual, irrevocable, non-exclusive, fully paid up, transferable right and license to use, reproduce, modify, adapt, publish, distribute, translate, communicate to the public, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide, or to incorporate it in other
works in any form, media, or technology now known or later developed (for the full term of any rights that may exist in such Content), without restriction or compensation, and to grant and authorize sublicenses thereof. In addition, you agree to waive all moral rights in the Content. Snagajob.com and its designees shall have the right, but not the obligation, in their sole discretion to edit, refuse to post, or remove any Content posted on the Website or App that violates these Terms of Use or is otherwise objectionable. By submitting Content to the Website or App, you represent and warrant that (1) you own the Content, (2) you are entitled to submit it to us and (3) the Content is accurate, truthful, not confidential, and not in violation of any contractual restrictions, third party intellectual property rights, third party privacy rights, or other third party rights. - By submitting and/or signing an application, new hire paperwork (employment agreements, arbitration agreements, new hire manuals, etc.) or other similar document through the Website, you authorize Snagajob to disclose any information that Snagajob has collected during and from the submission and/or signature process, including but not limited to any information necessary to prove the electronic signatures on the application, new hire paperwork or other similar document are attributable to you, to the employer to which the application, new hire paperwork or other similar document was submitted to and/or signed for.
- Our Website and App are intended to be used only for lawful purposes by individuals seeking employment. You may not use (or plan, encourage or help others to use) our Website or App for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law (including but not limited to any applicable export controls). It is your responsibility to ensure that your use of our Website and/or App complies with these Terms of Use and to seek prior written permission from us for any uses not permitted or not expressly specified herein. If you do any of the items listed in part three of this section, below, we may, at our sole option, terminate your access to our Website and/or App.
- In connection with using our Website and/or App, you agree that you will:
a. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
b. Provide accurate information to us and update it as necessary;
c. Review and comply with our Privacy Policy;
d. Review and comply with notices sent by us concerning the Website, App and our operation thereof; and
e. Use the Website and/or App in an honest, respectful and professional manner. - In connection with using our Website and/or App, you agree that you will not:
a. Act dishonestly or unprofessionally by engaging in unprofessional behavior or by posting inappropriate, inaccurate, or objectionable content to our Website or App;
b. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on our Website or App (excluding Content posted by you) except as permitted in these Terms of Use or as expressly authorized by us;
c. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used in connection with the Website or App, or any part thereof;
d. Include information in your profile or elsewhere, except in designated fields, that is confidential in nature or that reveals your identity or sensitive personal information such as an email address, phone number or address;
e. Create a user profile for anyone other than a natural person;
f. Utilize information, content or any data you view on and/or obtain from our Website or App to provide any service that is competitive, in our sole discretion, with our Website, App or our business;
g. Imply or state, directly or indirectly, that you are affiliated with or endorsed by Snagajob.com, unless you have entered into a written agreement with us to that effect;
h. Adapt, modify or create derivative works based on our Website, App or the technology underlying either, or other Members' content, in whole or part;
i. Rent, lease, loan, trade or sell/re-sell access to our Website, App or any information therein, or the equivalent, in whole or part;
j. Deep-link to our Website or App for any purpose, (i.e. including a link to one of our web pages other than our Website's home page) unless expressly authorized in writing by us or for the purpose of promoting your profile on our Website or App;
k. Use manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl" or "spider" our Website or App;
l. Use bots or other automated methods to add or download contacts, send or redirect messages or perform other permitted activities;
m. Access, via automated or manual means or processes, our Website or App for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
n. Engage in "framing," "mirroring," or otherwise simulating the appearance or function of our Website or App;
o. Attempt to or actually access our Website or App by any means other than through the interfaces provided by us;
p. Attempt to or actually override any security component included in or underlying our Website or App;
q. Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Members or our personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses;
r. Remove any copyright, trademark or other proprietary rights notices contained in or on our Website or App, including ours or any Sponsor's;
s. Remove, cover or otherwise obscure any form of advertisement included on our Website or App;
t. Harass, abuse or harm another person, including sending unwelcome communications to others using our Website or App;
u. Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from our Website or App except as expressly permitted in these Terms of Use, App or as the owner of such information may expressly permit;
v. Share information of non-Members without their express consent;
w. Interfere with or disrupt our Website or App, including but not limited to any servers or networks connected to our Website or App;
x. Invite people you do not know to join My Account;
y. Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo or video (if applicable);
z. Use or attempt to use another's account without our authorization, or create a false identity on our Website or App;
aa. Infringe or use our brand, logos and/or trademarks, including, without limitation, using the words "Snagajob" or "Snagajob.com," or words likely to be confused with those words, in any business name, email, or URL, except as expressly permitted by us in writing;
ab. Upload, post to My Account, email, transmit or otherwise make available or initiate any content that:
i. Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
ii. Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
iii. Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the "title" or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by us);
iv. Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
v. Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
vi. Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. This prohibition includes but is not limited to (1) using our Website or App to send messages to people who don't know you or who are unlikely to recognize you as a known contact; (2) using our Website or App to connect to people who don't know you and then sending unsolicited promotional messages to those connections without their permission; and (3) sending messages to distribution lists, newsgroup aliases or group aliases;
vii. Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of ours or any Member; and/or H. Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through our Website or App.
ac. Participate, directly or indirectly, in the setting up or development of a network that seeks to create a pyramid scheme or other similar practice.
- You are prohibited from violating or attempting to violate the security of our Website or App, including, without limitation, (a) accessing data not intended for you or logging into a server or account that you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of our Website or App or to breach security or authentication measures without proper authorization, or (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of overloading, "flooding", "mailbombing" or "crashing."
- Violations of Website, App or network security may result in civil or criminal liability. We may investigate occurrences which involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Members who are involved in such violations.
- We offer various forums and blogs on our Website such as My Account where you can post your resume and communicate with other Members. Ideas you post and information you share may be seen and used by other Members and by Sponsors, and we cannot guarantee that other Members or Sponsors will not use the ideas and information that you share on our Website or App. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to our Website or App. WE ARE NOT RESPONSIBLE FOR A MEMBER’S OR SPONSOR’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY COMMUNITY FORUMS ON OUR WEBSITE OR APP, INCLUDING, BUT NOT LIMITED TO, INFORMATION YOU POST IN “MY ACCOUNT.”
- You are solely responsible for your interactions with other Members. We may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Members through use of the Website, App or otherwise limit your use of the Website or App. We reserve the right, but have no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if we determine, in our sole discretion, that doing so is necessary to enforce these Terms of Use.
- The peer to peer messaging functionality is not to be used for emergency communications, and may only be used for lawful and authorized purposes. You and any user added to your organization or location shall not use the messaging functionality to:
a. upload, post, transmit, or otherwise make available anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Snagajob employee, administrator, owner, or other member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. manipulate identifiers in order to disguise your or a user's identity;
e. upload, post, transmit, or otherwise make available any of information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, transmit or otherwise make available information in a manner that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. provide access to the communication functionality of the Service to any third party;
h. upload, post, transmit, or otherwise make available any commercial offers, advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
i. upload, post, transmit, or otherwise make available any software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware;
j. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges using the communication functionality of the Service;
k. interfere with or disrupt the communication functionality of the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, including using any device or software;
l. modify, adapt, or hack the communication functionality of the Service, including by using any non-public Snagajob APIs, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
m. intentionally or unintentionally violate any applicable local, state, national or international law in connection with your use of the communication functionality of the Service, including, but not limited to, the Telephone Consumer Protection Act, 47 U.S.C. section 227, any data, privacy, or export control laws, or regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
n. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
o. "stalk" or otherwise harass another; and/or
p. collect or store personal data about other users in connection with any of the prohibited conduct and activities set forth above. - If you consent to receive SMS messages in connection with the peer to peer communication functionality of the Services, you certify that you are authorized: (a) to use the designated mobile phone number which will receive the SMS messages, and (b) to incur any mobile message or data charges that may be incurred by receipt of the SMS messages as message and data rates may apply. You also agree that by consenting to receive SMS messages in connection with the peer to peer communication functionality of the Services, Snagajob and its representatives may send you automated texts to numbers you associate with your account to inform you when messages from other users are waiting and for any other account-related, customer service or administrative purpose. You may opt out of receiving SMS messages by replying STOP to any Snagajob text message, changing your Snagajob account settings, or contacting the Snagajob Customer Support team at 866-277-1995.
- You understand and agree that Snagajob has no obligations or liabilities associated with any use of the messaging functionality by you or a user that is added to your organization or location. If you add an organization or location in connection with the messaging functionality, you represent and warrant to Snagajob that you are the owner of that organization or location or are otherwise authorized by the organization or location. You understand and agree that you are solely responsible to ensure that a user added under your organization or location complies with the terms of this Section.
- For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to access and use our Website through a generally available web browser only for its intended purpose and only as provided in these Terms of Use. For as long as you comply with these Terms of Use and your obligations thereunder, you have a limited, non-exclusive, non-transferable, non-assignable, non-sublicenseable and revocable license to download a single copy of the app to your mobile device and to access and use our App through that mobile device for its intended purpose and only as provided in these Terms of Use and in accordance with any usage rules set forth in application stores’ terms of service. Our Website and App are only for your personal and noncommercial use. You may not access our Website or App through scraping, spidering, crawling or any other technology or software used to access data without our express written consent. Except as specifically permitted, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any content or information included on our Website or App.
- In addition, you may not (a) rent, lend, sublease or transfer this limited license or any data residing on our Website, App or any of your rights under these Terms of Use to anyone else, (b) develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any part of our Website or App, or (c) transfer to or store any data residing or exchanged over our Website or App in any electronic network for use by more than one Member without obtaining prior written permission from us.
- If you violate any of these Terms of Use, we may immediately terminate your limited license to use our Website and/or App. Any other use of our Website or App contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from our Website or App commercially unless expressly authorized by us) is strictly prohibited and a violation of these Terms of Use. We reserve all rights not expressly granted in these Terms of Use, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in this Website, App and all related items.
- All of the design, text, and graphics of our Website and App, as well as the selection and arrangement thereof, are Copyright (C) 2010 Snagajob.com, Inc., All Rights Reserved. SNAGAJOB, SNAGAJOB.COM, THE #1 SOURCE FOR HOURLY EMPLOYMENT, SYSDINE, LOG ON. FIND A JOB. GET TO WORK, THE HOURLY GIG, HOURLY AMERICA, and all of our logos, including the Snagajob logo, The Hourly Gig logo, and the S logo are our trademarks. These trademarks, and the Website and App images and text, and all page headers, graphics, HTML based computer programs used to generate pages on the Website or App, and icons are our trademarks, service marks and/or trade dress, and may not be used without our prior written permission. All uses thereof inure to our benefit. All other trademarks, product names and company names or logos included on the Website or App are the property of their respective owners.
- You may download and print a single copy of the Website or App for your personal use, provided that the content of the Website or App must not be altered in any way and must contain all copyright, trademark and other proprietary notices. You may not use the Website, App or any portion thereof to create or re-create a similar or competing service. Any use of the content of this Website or App not expressly permitted by these Terms of Use, or permitted in writing by us prior to your use, is a breach of these Terms of Use and is strictly prohibited. Please direct any requests for permission to legal@snagajob.com.
- Our Website and App contain material that is protected by the copyright, trademark and other intellectual property laws of the United States and foreign countries. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from our Website or App, except as expressly set forth above. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT OF THE WEBSITE OR APP, OR THE TRADEMARKS SET FORTH THEREIN, CONSTITUTES COPYRIGHT AND/OR TRADEMARK INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED UNDER UNITED STATES AND INTERNATIONAL LAWS AND TREATIES. Any unauthorized use by you of our intellectual property may lead us to revoke your access to our Website and/or App.
- The very nature of the service we provide to you requires that we gather, process, use and distribute information that you provide directly (for example, name, physical address, e-mail address and resume), as well as information regarding the manner in which you use our Website or App. We cannot guarantee that your information will be prevented from being viewed by any particular person or entity. Our Privacy Policy governs our treatment of information that you provide to us.
- If you have directly submitted information and would like us to remove it from its database, you should contact us at the email address or phone number listed in the Contact Us section of our Website or App, and we will use reasonable efforts to delete your information from our then existing files.
- You acknowledge, consent and agree that we may access, preserve, and disclose your registration information, your profile and any other information you provide to us if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary in our opinion to: (a) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (b) enforce these Terms of Use; (c) respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency; (d) respond to customer service inquiries; or (e) protect the rights, property, or personal safety of Snagajob.com, our Members or the public.
- While we appreciate hearing from you and welcome your comments regarding our Website and/or App, our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those we have specifically requested. While we do value your feedback on our Website and/or App, please be specific in your comments regarding our Website or App and do not submit creative ideas, inventions, suggestions or materials. If, despite our foregoing request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively, a “Submission”), such Submission shall immediately become our property. The Submission shall not be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or to any other person.
- Our Website and App may contain hyperlinks or other connections to websites operated by persons or entities other than us, including, without limitation, those of subscribing Sponsors or advertisers. We do not control those websites and are not responsible for them, their availability, content or any viruses that may be accessed through them. Our inclusion of hyperlinks or other connections to such websites does not imply any endorsement of the material on them or any association with their owners or operators. You are responsible for evaluating whether you want to access or use a third party website. You should review any applicable terms and/or privacy policies of a third party website before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. We are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from a third party website. Accordingly, if you decide to access a third party website, you do so at your own risk and agree that your use of any such website is on an “as is” basis without any warranty, and that these Terms of Use do not apply to your use of any third party website.
- We have no responsibility whatsoever for the activities of our Members or our Sponsors or advertisers or their respective hiring, recruiting or other practices (or any of the information posted or downloaded by them on or from our Website or App). Nothing on our Website or App shall be deemed to be an endorsement, representation or warranty with respect to any Sponsor or advertiser or other third person or entity, whether in regard to its website, products, services or otherwise.
- Mutual rights of termination. You may terminate your account with us for any reason or no reason, at any time, with notice to us. Your termination notice will be effective upon our processing the notice. We may terminate your account with us for any reason or no reason, at any time, with or without notice. A termination by us will be effective immediately or as may be specified in any notice from us. Termination of your account with us includes disabling your access to our Website and/or App and may also bar you from any future use of our Website and/or App.
- Misuse of the Services. We may restrict, suspend or terminate the account of any Member who abuses or misuses our Website or App. Misuse of our Website or App includes inviting other Members with whom you do not know to connect; abusing the My Account messaging services; creating multiple or false profiles; using our Website or App commercially without our authorization; infringing any intellectual property rights; or any other behavior that we, in our sole discretion, deem contrary to the purpose of the Website or App. In addition, and without limiting the foregoing, we will terminate accounts of Members who, in our sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
- Effect of Termination. Upon the termination of your account with us, you lose access to our Website or App. In addition, we may block access to our Website or App from an IP address or range of IP addresses associated with those of terminated Members.
- Survivability. Any provision that by its nature should survive termination or expiration of these Terms of Use does survive, including, but not limited to, the following provisions: Website and App Security Rules; Indemnification; Snagajob.com Intellectual Property; Collection and Use of Your Content by Us; Limitation of Liability and Disclaimer of Warranties; Limitation of Damages and Remedies; Termination; Jurisdiction and Choice of Law; and Other.
- You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, or agents: (a) you will submit to the jurisdiction of the courts of Henrico County, Virginia, including, without limitation, the United States District Court for the Eastern District of Virginia, Richmond Division, or the Circuit Court of the County of Henrico, and (b) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
- You agree that these Terms of Use, as well as any suit, action or proceeding arising out of or in connection with any dispute with us, including without limitation any claim involving us or our affiliates, subsidiaries, employees, members, officers, directors, and agents, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia in all matters, without regard to its provisions regarding conflicts of law and the United Nations Convention for the International Sale of Goods.
- Your satisfaction is our top priority and we're confident you'll be pleased with our services. Still, if you try us and decide your account does not sufficiently meet your needs, you can cancel for a refund.
- Upon cancellation, your job posting will be turned off and you will be refunded the full amount of your most recent monthly charge from Snagajob.
- The money back guarantee only applies for services that are contracted for using our on-line self-serve portal, does not apply to any services other than job postings and is available only once to each customer.
- These Terms of Use, and our Privacy Policy and our Complaint Procedure Regarding Content Posted on the SnagAJob.com Website or App, which are incorporated into these Terms of Use by reference, constitute the entire agreement between us and you with respect to the subject matter of these Terms of Use, and supersede all previous and contemporaneous agreements, proposals and communications between us, written or oral, or whether established by custom, practice, policy or precedent.
- We may assign these Terms of Use, in whole or in part, in our sole discretion. You may not assign your rights or obligations under these Terms of Use without our prior express written permission. Any attempt by you to assign your rights or obligations under these Terms of Use without our permission shall be void.
- If any provision of these Terms of Use is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
- Our failure to act with respect to a breach of these Terms of Use by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by these Terms of Use, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in a physical writing hand signed by one of our duly appointed officers.
- In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of our Website or App, exploitation of any advertising or other materials issued in connection therewith, or exploitation of our Website, App or any content or other material used or displayed on our Website or App.
- Entities that Snagajob.com owns a fifty percent (50%) or greater interest in (an “Affiliate”) are not parties to these Terms of Use, but intended third party beneficiaries of these Terms of Use, with a right to enforce these Terms of Use directly against you. Neither Apple Inc. nor its subsidiaries are parties to these Terms of Use, but Apple Inc. and its subsidiaries are third party beneficiaries to these Terms of Use as it applies to the App and if you download the App from the iTunes store to an Apple device. By accepting these Terms of Use, Apple will have the right to enforce these Terms of Use against you.
- The headings of the various sections of these Terms of Use have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Use.
- For further information relating to these Terms of Use, or to report a problem regarding the Website or App, please contact legal@snagajob.com, or call Snagajob.com's Support Line 1-877-461-SNAG (7624).
Snagajob Privacy Policy
Effective November 30, 2020
DownloadTable of Contents
Snagajob Privacy Policy
The Privacy Policy describes the data protection practices of Snagajob.com, Inc. and its affiliated companies (together referred to as “Snagajob” “we,” “us,” or “our”). This Privacy Policy applies to all websites and mobile applications owned and operated by us that link to this Privacy Policy, and related online and offline services (collectively, the “Services”).
Snagajob is a provider of cloud-based software services that help connect businesses (“Employers”) looking to hire for employment positions with our network of job and shift seekers (“Seekers”). When applicable we have made distinctions in these sections between Seekers and Employers to be transparent about the different situations in which we may collect, use, or share personal information.
When we handle information about Seekers who use our Services to fill out job applications or onboarding documents/forms for specific Employers or otherwise communicate directly with Employers (“Employer Direct Engagement”), we do so on behalf of the Employers as a service provider or processor. Employers determine how to engage with Seekers through our Services and thus act as the business that determines the purposes and means of handling Seeker data in relation to Employer Direct Engagements. In those circumstances, Seekers are ultimately subject to the privacy policies of the Employers with which they interact, and they should read those policies carefully. Snagajob is not responsible for the privacy practices of Employers. Snagajob acts as the business and not a service provider when Seekers build profiles and use related services.
1. Data We Collect
- Data We Collect From Seekers
We collect personal information in order to successfully provide Snagajob Services through the means discussed below. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, DOB, password, email address, username, phone number, wireless device, security questions and answers, city, state, ZIP code, and U.S. work eligibility ("Yes" or "No") - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Contact information, e.g. name, email address, postal address, and phone number - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Profile information, you may have choices about the information included in your profile, such as your name, email address, educational history, employment history, professional licenses, city and state, and bio. In accordance with your profile settings, you may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public or shared profile may be read, collected, and used by others who access it. - Provide the Services
- Application information and employment onboarding
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Demographic and statistical information, e.g. gender, race, age, date of birth, health information, apparel size, marital status, military and veteran status, nationality, disability information, criminal history information, educational history, employment history, professional licenses and memberships, schedule and availability, access to transportation, and responses to tests and surveys. - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Personal identifiers and employment eligibility information, e.g. photographs, driver's license number, operator's license number, motor vehicle license number, passport number, Social Security Number, other state or federal-issued identification numbers, and information you provide on tax and other government forms. - Provide the Services
- Application information and employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Employers
Application responses, e.g. when you submit an application using the Services, we may collect application question responses, documents uploaded for job applications, and results of background checks and identity verification. Some of this information may be added to your Snagajob profile. - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Third party providers, e.g., background check and identity verification
Financial and transactional information, e.g. bank account number and paycard information. - Employment onboarding
- Fraud prevention and legal purposes
- You
- Employers
Customer service information, e.g. questions and other messages you address to us directly through online forms, by mail, over the phone, or by post; and summaries or voice recordings of your interactions with our customer support team. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Communications with other users, e.g. your in-Services messages and information surrounding those messages such as the date/time of the communication. - >Provide the Services
- Employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- The Employers you are communicating with
Research, survey, or sweepstakes information, e.g. if you participate in an internal Snagajob survey or sweepstakes on our Services or areas we can improve, we collect information needed for you to participate (such as contact information) and to fulfill your prize. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Survey partners
- Researchers and analysts
Information about others, e.g. if you submit information about your references or former employers; or if you use a "tell-a-friend" tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient's contact information. In providing this information, you represent that you are authorized to provide it. - Provide the Services
- Employment onboarding
- Fraud prevention and legal purposes
- You
- Other users (if you are the recipient of a communication
Device information and identifiers, e.g. IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network, information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Data We Collect from and About Employers
We also collect information from Employers to provide the Services. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, phone number, email address, postal address, account username, password, security questions and answers. - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Business or company information, e.g. business name, industry, FEIN, business phone number, location(s), links to external business websites, pictures, business logo. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Financial and transactional information, e.g. credit card information, billing address. - Provide the Services
- Fraud detection and prevention
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Employment opportunity information, e.g. title, wage range, location(s), availability information, desired qualifications and skills, job description and expectations, job postings. - Provide the Services
- Personalize your experience
- Communicate with you
- Application information and Employment onboarding
- You
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network and information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Additional Information
The following information provides additional information about the purposes for collecting and using your information.
2. Purposes of Use
Provide the Services, for example:
- Creating a profile and saving selected job postings
- Displaying job opportunities and potential candidates
- Processing and fulfilling your requests and transactions, including registrations, subscriptions, purchases, and payments
- Assisting you in submitting, requesting, processing, or reviewing an application
- Engaging in analysis, research, measuring and reports to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Administering internal Net Promotor Score surveys
- Sending communications that you have requested on your behalf
- Understanding and resolving app crashes and other issues being reported
Application information and employment onboarding, for example:
- Applying for a job or shift
- Conducting background check and employment eligibility screenings
- Complying with applicable laws, including federal and state employment law
- Arranging for financial deposits and transactions and relevant trainings
- Facilitating logistics for employment, such as uniform sizing
Communicate with you, for example:
- Responding to your requests for information and provide you with more effective and efficient customer service and technical support, including to investigate, respond to and resolve incidents and complaints
- Keeping you updated regarding job opportunities, interview requests, application reminders, and/or jobs you may be interested in
- Informing Employers about new applicants to posted jobs, account-specific information, and/or promotions regarding our Services
- Providing you with transactional updates and information about the Services (e.g., inform you about updates to our Services, information about your account, or information about ecommerce transactions that you conduct on the Services)
- In accordance with applicable legal requirements, contacting you by email, postal mail, phone, or SMS regarding our Services. If participating in the Snagajob Info Alerts SMS/MMS/Text Program or any other feature that involves SMS messages, you should review the Snagajob SMS/MMS Terms.
Personalize your experience, for example:
- Finding and recommending appropriate and eligible job opportunities and candidates
- Sending you personalized newsletters, surveys, and information about Snagajob products and services
Secure our Services and users, for example:
- Monitoring, preventing, and detecting fraud, such as through verifying your identity
- Combatting spam or other malware or security risks
- Monitoring, enforcing, and improving the security of our Services
Fraud detection and prevention, defending our legal rights and compliance with the law, for example:
- Complying with any applicable procedures, laws, and regulations where it is necessary for our legitimate interests or the legitimate interests of others
- Establishing, exercising, or defending our legal rights where it is necessary for our legitimate interests or the legitimate interests of others (e.g., to enforce compliance with our Terms of Use, Privacy Policies, or to protect our Services, users, or others)
Combined Information.For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.
Consent.We may use all the categories of information set forth above for any purpose with your consent.
3. Cookies and Online Analytics.
We use a variety of online tracking and analytics tools (e.g., cookies, flash cookies, and pixel tags) to collect and analyze information as you use the Services. Among other things, these technologies allow us to offer you a more tailored experience in the future, by understanding and remembering your particular browsing and usage preferences.
We may also use third-party web analytics services (such as those of Google Analytics, Coremetrics, Mixpanel, and Segment) on our Services to collect and analyze information collected through these technologies to assist us in auditing, research, or reporting; fraud prevention; and providing certain features to you. The types of tracking and analytics tools we and our service providers use for these purposes are:
- “Cookies” are small data files stored on your computer or device to collect information about your use of the Services. Cookies may enable us to recognize you as the same user who used our Services in the past, and relate your use of the Services to other information we have about you. Cookies may also be used to enhance your experience on the Services (for example, by storing your username) and/or to collect general usage and aggregated statistical information. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, limit your use of our Services or features. Learn more about the use of cookies, including how to manage or delete them. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.
- “Local shared objects,” or “flash cookies,” may be stored on your computer or device using a media player or other software. Local shared objects operate much like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing flash cookies, for example, click here.
- “pixel tag” (also known as a “clear GIF” or “web beacon”) is a tiny image – typically just one-pixel – that can be placed on a web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our web pages.
Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for online advertising and analytics purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. Learn more about Do Not Track.
4. How We Share Data
- Seeker Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Employers, Services, and Vendors We will share your information with Employers and services when you interact with them, at your request, and in accordance with your account settings. For example, if you click “Apply” for a job posting, we may share information with the relevant Employer and when you complete a job application, we will share your application responses with the relevant Employer. In accordance with your profile settings, we may share your profile information with Employers who are searching for eligible job applicants. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. - Contact and account registration information
- Profile information
- Demographic and statistical information
- Personal identifiers and employment eligibility information
- Application responses
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other information
In Accordance with your Account Settings. You may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public profile may be read, collected, and used by others who access it. - Profile information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
- Employer Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Seekers, Services, and Vendors. We will share your information with Seekers at your request. For example, if you post a job opportunity, we may share the information with relevant Seekers. You may also choose to use one of our third party vendor integrations related to Employer services, such as with a background check provider or payroll provider, and we would share relevant information at your direction to provide those services. - Business or employer information
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other Information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. a subpoena or court order); (b) enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
- Seeker Data
5. Aggregate/De-Identified Information
We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors, in our discretion.
6. Your Choices and Rights
You have certain rights with respect to your information as further described in this Section, in addition to any rights discussed elsewhere in this Privacy Policy. Please note your rights and choices vary depending upon your location.
Marketing Communications.
You may instruct us not to use your information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. You may do so by logging into your Account and navigating towards Settings and, in commercial email messages, you can opt out by following the instructions located at the bottom of such emails. Removing your name from the email list may take a reasonable amount of time. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.
Account information.
We encourage you to periodically review and update your settings and profile information to reflect your job and communication preferences. You can access these settings at any time by logging in. If you would like us to close your account, you can reach out to us and we will do so.
Privacy Rights for California Residents.
If you are a California resident, California law requires us to provide you with some additional information regarding your rights with respect to your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
A. Your California Privacy Rights
If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
- Provide access to and/or a copy of certain personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.
Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Service to you. We also will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, email address, phone number, or other information. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you or to comply with a legal obligation. In some circumstances if you still ask us to delete your information, you may no longer be able to access or use our Services. If you would like further information regarding your legal rights under California law or would like to exercise any of them, please use the form on the Snagajob Knowledge Base or contact us at customersupport@snagajob.com
With regard to personal information collected by Employers through Employer Direct Engagements, Seekers should direct requests to exercise applicable rights to the Employer on whose behalf we handle the data. If we receive a request from a Seeker directly in relation to information collected through an Employer Direct Engagement, we will refer that request to the appropriate Employer(s) and await each Employer’s instructions on how to handle it.
B. Collection, Use, and Disclosure of Californians’ Personal Information
During the 12 months leading up to the effective date of this Privacy Policy, we collected (and continue to collect) account registration information, contact information, profile information, demographic and statistical information, business or company information, personal identifiers and employment eligibility information, application responses, financial and transactional information, employment opportunity information, customer service information, communications with other users, research, survey, or sweepstakes information, information about others, device information and identifiers, connection and usage data, social media information, geolocation, and other information, as described in the “Data We Collect” section of our Privacy Policy.
This data was and continues to be used for providing our Services, facilitating employment applications, employment onboarding, sending communications, personalizing the Services, engaging in transactions, improving the Services, securing our Services and users, detecting and preventing fraud, defending our legal rights, and complying with the law, as described in more detail in the “Purpose of Use” section of this Privacy Policy.
During those 12 months, we disclosed personal information with consumers’ consent, in the ways described in Section C. below, and with service providers, Seekers and Employers (and related services and vendors), and third parties for legal purposes, as described in the “How We Share Data” section of this Privacy Policy.
C. Notice of Right to Opt-Out of Sale of Personal Information
California residents may opt out of the “sale” of their personal information. The CCPA broadly defines of “sale” in a way that may include when we share your information with Employers and others to provide you with job and other offers and opportunities that may be of interest to you. Depending on what Services you use, we may provide your profile information, such as your contact information (like your name, email address, and phone number), demographic and statistical information (like your educational history, employment history, and professional licenses), geolocation (like your city and state), and user-generated content (like your bio).
If you would like to opt out of Snagajob’s use of your information for such purposes that are considered a “sale” under California law, you may do so as outlined on the following page: Do Not Sell My Personal Information. You can also submit a sale opt-out request by emailing us at donotsell@snagajob.com. Please be aware that if you submit a sale opt-out request, your profile information may still be visible to Employers on Snagajob’s network who are searching for eligible job applicants or the public at large in accordance with your profile settings. You can adjust your profile settings by visiting this page. Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.
D. California “Shine the Light” Disclosure.
The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
Privacy Rights for Nevada Residents.
Under Nevada law, certain Nevada residents may opt out of the “sale” of “covered information” (as such term is defined under Nevada law) for monetary consideration to a person for that person to license or sell such information to additional persons. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of the sale of your covered information under Nevada law by emailing us at customersupport@snagajob.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request.
7. How We Protect Your Data and Our Services
We take measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, and access. However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information and that use of our Services is at your own risk. You are responsible for keeping your account information—and especially your login information—confidential. We ask you not to share your login credentials with anyone.
When you sign up for an account, you may be required to establish a username and password. If you create an account with us, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
If you use messaging features that allow you to interact with Employers or Seekers directly through our Services, please note that these communications are not encrypted and, for security purposes, you should not include any passwords, social security numbers, payment card information, or other sensitive information in such communications.
We have implemented the Invisible reCAPTCHA on our Website. Your use of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.
8. Retention of your Information
We store and maintain your information for the purposes for which it is processed by us. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
9. Your Obligations
As discussed further in our Terms of Use, Seekers and Employers have obligations that they must abide by in order to use the Services:
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
10. Third-Party Links and Features
The Services contain links to third-party services, and you may also integrate our Services with third-party services. For example, Seeker may click a job application link that takes them to a third-party website hosted by an Employer or a third-party. If you choose to use these third-party services or features, you may disclose your information not just to those third parties but also to their users and the public more generally, depending on how their services function. Snagajob is not responsible for the content or practices of such third-party services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.
11. Children’s Privacy
The Services are not intended for children under 13 years of age and we do not knowingly collect, maintain, or use Personal Information from children under 13 years of age. We will take reasonable steps to delete personal information (as defined by the United States Children’s Online Privacy Protection Act) as soon as reasonably possible if we learn that we have inadvertently collected it from children under the age of 13 without parental consent.
If you learn that your child has provided us with Personal Information without your consent, you may alert us at security@snagajob.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
12. Changes to our Privacy Policy
We reserve the right to amend this Privacy Policy at any time. We will make the revised Privacy Policy accessible through the Services, so you should review the Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” at the beginning of this Privacy Policy. If we make a material change to this Privacy Policy, we will provide you with notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.
13. Contact Information
If you wish to contact us or have any questions about or complaints in relation to this Privacy Policy, please email us at info@snagajob.com or use our online contact us form. Please note that your communications with us may not necessarily be secure. Therefore, please do not include credit card information and/or other sensitive information in your communications with us.
Effective October 26, 2020 to November 30, 2020
DownloadTable of Contents
Snagajob Privacy Policy
The Privacy Policy describes the data protection practices of Snagajob.com, Inc. and its affiliated companies (together referred to as “Snagajob” “we,” “us,” or “our”). This Privacy Policy applies to all websites and mobile applications owned and operated by us that link to this Privacy Policy, and related online and offline services (collectively, the “Services”).
Snagajob is a provider of cloud-based software services that help connect businesses (“Employers”) looking to hire for employment positions with our network of job and shift seekers (“Seekers”). When applicable we have made distinctions in these sections between Seekers and Employers to be transparent about the different situations in which we may collect, use, or share personal information.
When we handle information about Seekers who use our Services to fill out job applications or onboarding documents/forms for specific Employers or otherwise communicate directly with Employers (“Employer Direct Engagement”), we do so on behalf of the Employers as a service provider or processor. Employers determine how to engage with Seekers through our Services and thus act as the business that determines the purposes and means of handling Seeker data in relation to Employer Direct Engagements. In those circumstances, Seekers are ultimately subject to the privacy policies of the Employers with which they interact, and they should read those policies carefully. Snagajob is not responsible for the privacy practices of Employers. Snagajob acts as the business and not a service provider when Seekers build profiles and use related services.
1. Data We Collect
- Data We Collect From Seekers
We collect personal information in order to successfully provide Snagajob Services through the means discussed below. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, DOB, password, email address, username, phone number, wireless device, security questions and answers, city, state, ZIP code, and U.S. work eligibility ("Yes" or "No") - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Contact information, e.g. name, email address, postal address, and phone number - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Profile information, you may have choices about the information included in your profile, such as your name, email address, educational history, employment history, professional licenses, city and state, and bio. In accordance with your profile settings, you may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public or shared profile may be read, collected, and used by others who access it. - Provide the Services
- Application information and employment onboarding
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Demographic and statistical information, e.g. gender, race, age, date of birth, health information, apparel size, marital status, military and veteran status, nationality, disability information, criminal history information, educational history, employment history, professional licenses and memberships, schedule and availability, access to transportation, and responses to tests and surveys. - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Personal identifiers and employment eligibility information, e.g. photographs, driver's license number, operator's license number, motor vehicle license number, passport number, Social Security Number, other state or federal-issued identification numbers, and information you provide on tax and other government forms. - Provide the Services
- Application information and employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Employers
Application responses, e.g. when you submit an application using the Services, we may collect application question responses, documents uploaded for job applications, and results of background checks and identity verification. Some of this information may be added to your Snagajob profile. - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Third party providers, e.g., background check and identity verification
Financial and transactional information, e.g. bank account number and paycard information. - Employment onboarding
- Fraud prevention and legal purposes
- You
- Employers
Customer service information, e.g. questions and other messages you address to us directly through online forms, by mail, over the phone, or by post; and summaries or voice recordings of your interactions with our customer support team. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Communications with other users, e.g. your in-Services messages and information surrounding those messages such as the date/time of the communication. - >Provide the Services
- Employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- The Employers you are communicating with
Research, survey, or sweepstakes information, e.g. if you participate in an internal Snagajob survey or sweepstakes on our Services or areas we can improve, we collect information needed for you to participate (such as contact information) and to fulfill your prize. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Survey partners
- Researchers and analysts
Information about others, e.g. if you submit information about your references or former employers; or if you use a "tell-a-friend" tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient's contact information. In providing this information, you represent that you are authorized to provide it. - Provide the Services
- Employment onboarding
- Fraud prevention and legal purposes
- You
- Other users (if you are the recipient of a communication
Device information and identifiers, e.g. IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network, information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Data We Collect from and About Employers
We also collect information from Employers to provide the Services. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, phone number, email address, postal address, account username, password, security questions and answers. - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Business or company information, e.g. business name, industry, FEIN, business phone number, location(s), links to external business websites, pictures, business logo. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Financial and transactional information, e.g. credit card information, billing address. - Provide the Services
- Fraud detection and prevention
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Employment opportunity information, e.g. title, wage range, location(s), availability information, desired qualifications and skills, job description and expectations, job postings. - Provide the Services
- Personalize your experience
- Communicate with you
- Application information and Employment onboarding
- You
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network and information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Additional Information
The following information provides additional information about the purposes for collecting and using your information.
2. Purposes of Use
Provide the Services, for example:
- Creating a profile and saving selected job postings
- Displaying job opportunities and potential candidates
- Processing and fulfilling your requests and transactions, including registrations, subscriptions, purchases, and payments
- Assisting you in submitting, requesting, processing, or reviewing an application
- Engaging in analysis, research, measuring and reports to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Administering internal Net Promotor Score surveys
- Sending communications that you have requested on your behalf
- Understanding and resolving app crashes and other issues being reported
Application information and employment onboarding, for example:
- Applying for a job or shift
- Conducting background check and employment eligibility screenings
- Complying with applicable laws, including federal and state employment law
- Arranging for financial deposits and transactions and relevant trainings
- Facilitating logistics for employment, such as uniform sizing
Communicate with you, for example:
- Responding to your requests for information and provide you with more effective and efficient customer service and technical support, including to investigate, respond to and resolve incidents and complaints
- Keeping you updated regarding job opportunities, interview requests, application reminders, and/or jobs you may be interested in
- Informing Employers about new applicants to posted jobs, account-specific information, and/or promotions regarding our Services
- Providing you with transactional updates and information about the Services (e.g., inform you about updates to our Services, information about your account, or information about ecommerce transactions that you conduct on the Services)
- In accordance with applicable legal requirements, contacting you by email, postal mail, phone, or SMS regarding our Services. If participating in the Snagajob Info Alerts SMS/MMS/Text Program or any other feature that involves SMS messages, you should review the Snagajob SMS/MMS Terms.
Personalize your experience, for example:
- Finding and recommending appropriate and eligible job opportunities and candidates
- Sending you personalized newsletters, surveys, and information about Snagajob products and services
Secure our Services and users, for example:
- Monitoring, preventing, and detecting fraud, such as through verifying your identity
- Combatting spam or other malware or security risks
- Monitoring, enforcing, and improving the security of our Services
Fraud detection and prevention, defending our legal rights and compliance with the law, for example:
- Complying with any applicable procedures, laws, and regulations where it is necessary for our legitimate interests or the legitimate interests of others
- Establishing, exercising, or defending our legal rights where it is necessary for our legitimate interests or the legitimate interests of others (e.g., to enforce compliance with our Terms of Use, Privacy Policies, or to protect our Services, users, or others)
Combined Information.For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.
Consent.We may use all the categories of information set forth above for any purpose with your consent.
3. Cookies and Online Analytics.
We use a variety of online tracking and analytics tools (e.g., cookies, flash cookies, and pixel tags) to collect and analyze information as you use the Services. Among other things, these technologies allow us to offer you a more tailored experience in the future, by understanding and remembering your particular browsing and usage preferences.
We may also use third-party web analytics services (such as those of Google Analytics, Coremetrics, Mixpanel, and Segment) on our Services to collect and analyze information collected through these technologies to assist us in auditing, research, or reporting; fraud prevention; and providing certain features to you. The types of tracking and analytics tools we and our service providers use for these purposes are:
- “Cookies” are small data files stored on your computer or device to collect information about your use of the Services. Cookies may enable us to recognize you as the same user who used our Services in the past, and relate your use of the Services to other information we have about you. Cookies may also be used to enhance your experience on the Services (for example, by storing your username) and/or to collect general usage and aggregated statistical information. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, limit your use of our Services or features. Learn more about the use of cookies, including how to manage or delete them. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.
- “Local shared objects,” or “flash cookies,” may be stored on your computer or device using a media player or other software. Local shared objects operate much like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing flash cookies, for example, click here.
- “pixel tag” (also known as a “clear GIF” or “web beacon”) is a tiny image – typically just one-pixel – that can be placed on a web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our web pages.
Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for online advertising and analytics purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. Learn more about Do Not Track.
4. How We Share Data
- Seeker Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Employers, Services, and Vendors We will share your information with Employers and services when you interact with them, at your request, and in accordance with your account settings. For example, if you click “Apply” for a job posting, we may share information with the relevant Employer and when you complete a job application, we will share your application responses with the relevant Employer. In accordance with your profile settings, we may share your profile information with Employers who are searching for eligible job applicants. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. - Contact and account registration information
- Profile information
- Demographic and statistical information
- Personal identifiers and employment eligibility information
- Application responses
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other information
In Accordance with your Account Settings. You may be able to choose whether your profile information is visible to Employers on Snagajob’s network or the public at large. Be aware that any information included in your public profile may be read, collected, and used by others who access it. - Profile information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
- Employer Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Seekers, Services, and Vendors. We will share your information with Seekers at your request. For example, if you post a job opportunity, we may share the information with relevant Seekers. You may also choose to use one of our third party vendor integrations related to Employer services, such as with a background check provider or payroll provider, and we would share relevant information at your direction to provide those services. - Business or employer information
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other Information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. a subpoena or court order); (b) enforce our Terms of Service, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
- Seeker Data
5. Aggregate/De-Identified Information
We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors, in our discretion.
6. Your Choices and Rights
You have certain rights with respect to your information as further described in this Section, in addition to any rights discussed elsewhere in this Privacy Policy. Please note your rights and choices vary depending upon your location.
Marketing Communications.
You may instruct us not to use your information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. You may do so by logging into your Account and navigating towards Settings and, in commercial email messages, you can opt out by following the instructions located at the bottom of such emails. Removing your name from the email list may take a reasonable amount of time. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.
Account information.
We encourage you to periodically review and update your settings and profile information to reflect your job and communication preferences. You can access these settings at any time by logging in. If you would like us to close your account, you can reach out to us and we will do so.
Privacy Rights for California Residents.
If you are a California resident, California law requires us to provide you with some additional information regarding your rights with respect to your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
A. Your California Privacy Rights
If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
- Provide access to and/or a copy of certain personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.
Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Service to you. We also will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, email address, phone number, or other information. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you or to comply with a legal obligation. In some circumstances if you still ask us to delete your information, you may no longer be able to access or use our Services. If you would like further information regarding your legal rights under California law or would like to exercise any of them, please use the form on the Snagajob Knowledge Base or contact us at customersupport@snagajob.com
With regard to personal information collected by Employers through Employer Direct Engagements, Seekers should direct requests to exercise applicable rights to the Employer on whose behalf we handle the data. If we receive a request from a Seeker directly in relation to information collected through an Employer Direct Engagement, we will refer that request to the appropriate Employer(s) and await each Employer’s instructions on how to handle it.
B. Collection, Use, and Disclosure of Californians’ Personal Information
During the 12 months leading up to the effective date of this Privacy Policy, we collected (and continue to collect) account registration information, contact information, profile information, demographic and statistical information, business or company information, personal identifiers and employment eligibility information, application responses, financial and transactional information, employment opportunity information, customer service information, communications with other users, research, survey, or sweepstakes information, information about others, device information and identifiers, connection and usage data, social media information, geolocation, and other information, as described in the “Data We Collect” section of our Privacy Policy.
This data was and continues to be used for providing our Services, facilitating employment applications, employment onboarding, sending communications, personalizing the Services, engaging in transactions, improving the Services, securing our Services and users, detecting and preventing fraud, defending our legal rights, and complying with the law, as described in more detail in the “Purpose of Use” section of this Privacy Policy.
During those 12 months, we disclosed personal information with consumers’ consent, in the ways described in Section C. below, and with service providers, Seekers and Employers (and related services and vendors), and third parties for legal purposes, as described in the “How We Share Data” section of this Privacy Policy.
C. Notice of Right to Opt-Out of Sale of Personal Information
California residents may opt out of the “sale” of their personal information. The CCPA broadly defines of “sale” in a way that may include when we share your information with Employers and others to provide you with job and other offers and opportunities that may be of interest to you. Depending on what Services you use, we may provide your profile information, such as your contact information (like your name, email address, and phone number), demographic and statistical information (like your educational history, employment history, and professional licenses), geolocation (like your city and state), and user-generated content (like your bio).
If you would like to opt out of Snagajob’s use of your information for such purposes that are considered a “sale” under California law, you may do so as outlined on the following page: Do Not Sell My Personal Information. You can also submit a sale opt-out request by emailing us at donotsell@snagajob.com. Please be aware that if you submit a sale opt-out request, your profile information may still be visible to Employers on Snagajob’s network who are searching for eligible job applicants or the public at large in accordance with your profile settings. You can adjust your profile settings by visiting this page. Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.
D. California “Shine the Light” Disclosure.
The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
Privacy Rights for Nevada Residents.
Under Nevada law, certain Nevada residents may opt out of the “sale” of “covered information” (as such term is defined under Nevada law) for monetary consideration to a person for that person to license or sell such information to additional persons. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of the sale of your covered information under Nevada law by emailing us at customersupport@snagajob.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request.
7. How We Protect Your Data and Our Services
We take measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, and access. However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information and that use of our Services is at your own risk. You are responsible for keeping your account information—and especially your login information—confidential. We ask you not to share your login credentials with anyone.
When you sign up for an account, you may be required to establish a username and password. If you create an account with us, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
If you use messaging features that allow you to interact with Employers or Seekers directly through our Services, please note that these communications are not encrypted and, for security purposes, you should not include any passwords, social security numbers, payment card information, or other sensitive information in such communications.
We have implemented the Invisible reCAPTCHA on our Website. Your use of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.
8. Retention of your Information
We store and maintain your information for the purposes for which it is processed by us. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
9. Your Obligations
As discussed further in our Terms of Use, Seekers and Employers have obligations that they must abide by in order to use the Services:
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
10. Third-Party Links and Features
The Services contain links to third-party services, and you may also integrate our Services with third-party services. For example, Seeker may click a job application link that takes them to a third-party website hosted by an Employer or a third-party. If you choose to use these third-party services or features, you may disclose your information not just to those third parties but also to their users and the public more generally, depending on how their services function. Snagajob is not responsible for the content or practices of such third-party services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.
11. Children’s Privacy
The Services are not intended for children under 13 years of age and we do not knowingly collect, maintain, or use Personal Information from children under 13 years of age. We will take reasonable steps to delete personal information (as defined by the United States Children’s Online Privacy Protection Act) as soon as reasonably possible if we learn that we have inadvertently collected it from children under the age of 13 without parental consent.
If you learn that your child has provided us with Personal Information without your consent, you may alert us at security@snagajob.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
12. Changes to our Privacy Policy
We reserve the right to amend this Privacy Policy at any time. We will make the revised Privacy Policy accessible through the Services, so you should review the Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” at the beginning of this Privacy Policy. If we make a material change to this Privacy Policy, we will provide you with notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.
13. Contact Information
If you wish to contact us or have any questions about or complaints in relation to this Privacy Policy, please email us at info@snagajob.com or use our online contact us form. Please note that your communications with us may not necessarily be secure. Therefore, please do not include credit card information and/or other sensitive information in your communications with us.
Effective June 9, 2020 to October 26, 2020
DownloadTable of Contents
Snagajob Privacy Policy
The Privacy Policy describes the data protection practices of Snagajob.com, Inc. and its affiliated companies (together referred to as “Snagajob” “we,” “us,” or “our”). This Privacy Policy applies to all websites and mobile applications owned and operated by us that link to this Privacy Policy, and related online and offline services (collectively, the “Services”).
Snagajob is a provider of cloud-based software services that help connect businesses (“Employers”) looking to hire for employment positions with our network of job and shift seekers (“Seekers”). When applicable we have made distinctions in these sections between Seekers and Employers to be transparent about the different situations in which we may collect, use, or share personal information.
When we handle information about Seekers who use our Services to fill out job applications or onboarding documents/forms for specific Employers or otherwise communicate directly with Employers (“Employer Direct Engagement”), we do so on behalf of the Employers as a service provider or processor. Employers determine how to engage with Seekers through our Services and thus act as the business that determines the purposes and means of handling Seeker data in relation to Employer Direct Engagements. In those circumstances, Seekers are ultimately subject to the privacy policies of the Employers with which they interact, and they should read those policies carefully. Snagajob is not responsible for the privacy practices of Employers. Snagajob acts as the business and not a service provider when Seekers build profiles and use related services.
PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. By using Snagajob Services, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy and our Terms of Use that allow us to process information about you.
1. Data We Collect
- Data We Collect From Seekers
We collect personal information in order to successfully provide Snagajob Services through the means discussed below. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, DOB, password, email address, username, phone number, wireless device, security questions and answers, city, state, ZIP code, and U.S. work eligibility ("Yes" or "No") - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Contact information, e.g. name, email address, postal address, and phone number - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Demographic and statistical information, e.g. gender, race, age, date of birth, health information, apparel size, marital status, military and veteran status, nationality, disability information, criminal history information, educational history, employment history, professional licenses and memberships, schedule and availability, access to transportation, and responses to tests and surveys. - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Personal identifiers and employment eligibility information, e.g. photographs, driver's license number, operator's license number, motor vehicle license number, passport number, Social Security Number, other state or federal-issued identification numbers, and information you provide on tax and other other government forms. - Provide the Services
- Application information and employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Employers
Financial and transactional information, e.g. bank account number and paycard information. - Employment onboarding
- Fraud prevention and legal purposes
- You
- Employers
Customer service information, e.g. questions and other messages you address to us directly through online forms, by mail, over the phone, or by post; and summaries or voice recordings of your interactions with our customer support team. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Communications with other users, e.g. your in-Serivces messages and information surrounding those messages such as the date/time of the communication. - Provide the Services
- Employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- The Employers you are communicating with
Research, survey, or sweepstakes information, e.g. if you participate in an internal Snagajob survey or sweepstakes on our Services or areas we can improve, we collect information needed for you to participate (such as contact information) and to fulfill your prize. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Survey partners
- Researchers and analysts
Information about others, e.g. if you submit information about your references or former employers; or if you use a "tell-a-friend" tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient's contact information. In providing this information, you represent that you are authorized to provide it. - Provide the Services
- Employment onboarding
- Fraud prevention and legal purposes
- You
- Other users (if you are the recipient of a communication
Device information and identifiers, e.g. IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network, information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Data We Collect from and About Employers
We also collect information from Employers to provide the Services. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, phone number, email address, postal address, account username, password, security questions and answers. - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Business or company information, e.g. business name, industry, FEIN, business phone number, location(s), links to external business websites, pictures, business logo. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Financial and transactional information, e.g. credit card information, billing address. - Provide the Services
- Fraud detection and prevention
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Employment opportunity information, e.g. title, wage range, location(s), availability information, desired qualifications and skills, job description and expectations, job postings. - Provide the Services
- Personalize your experience
- Communicate with you
- Application information and Employment onboarding
- You
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network and information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Additional Information
The following information provides additional information about the purposes for collecting and using your information.
2. Purposes of Use
Provide the Services, for example:
- Creating a profile and saving selected job postings
- Displaying job opportunities and potential candidates
- Processing and fulfilling your requests and transactions, including registrations, subscriptions, purchases, and payments
- Assisting you in submitting, requesting, processing, or reviewing an application
- Engaging in analysis, research, measuring and reports to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Administering internal Net Promotor Score surveys
- Sending communications that you have requested on your behalf
- Understanding and resolving app crashes and other issues being reported
Application information and employment onboarding, for example:
- Applying for a job or shift
- Conducting background check and employment eligibility screenings
- Complying with applicable laws, including federal and state employment law
- Arranging for financial deposits and transactions and relevant trainings
- Facilitating logistics for employment, such as uniform sizing
Communicate with you, for example:
- Responding to your requests for information and provide you with more effective and efficient customer service and technical support, including to investigate, respond to and resolve incidents and complaints
- Keeping you updated regarding job opportunities, interview requests, application reminders, and/or jobs you may be interested in
- Informing Employers about new applicants to posted jobs, account-specific information, and/or promotions regarding our Services
- Providing you with transactional updates and information about the Services (e.g., inform you about updates to our Services, information about your account, or information about ecommerce transactions that you conduct on the Services)
- In accordance with applicable legal requirements, contacting you by email, postal mail, phone, or SMS regarding our Services. If participating in the Snagajob Info Alerts SMS/MMS/Text Program or any other feature that involves SMS messages, you should review the Snagajob SMS/MMS Terms.
Personalize your experience, for example:
- Finding and recommending appropriate and eligible job opportunities and candidates
- Sending you personalized newsletters, surveys, and information about Snagajob products and services
Secure our Services and users, for example:
- Monitoring, preventing, and detecting fraud, such as through verifying your identity
- Combatting spam or other malware or security risks
- Monitoring, enforcing, and improving the security of our Services
Fraud detection and prevention, defending our legal rights and compliance with the law, for example:
- Complying with any applicable procedures, laws, and regulations where it is necessary for our legitimate interests or the legitimate interests of others
- Establishing, exercising, or defending our legal rights where it is necessary for our legitimate interests or the legitimate interests of others (e.g., to enforce compliance with our Terms of Use, Privacy Policies, or to protect our Services, users, or others)
Combined Information.For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.
Consent. We may use all the categories of information set forth above for any purpose with your consent.
3. Cookies and Online Analytics.
We use a variety of online tracking and analytics tools (e.g., cookies, flash cookies, and pixel tags) to collect and analyze information as you use the Services. Among other things, these technologies allow us to offer you a more tailored experience in the future, by understanding and remembering your particular browsing and usage preferences.
We may also use third-party web analytics services (such as those of Google Analytics, Coremetrics, Mixpanel, and Segment) on our Services to collect and analyze information collected through these technologies to assist us in auditing, research, or reporting; fraud prevention; and providing certain features to you. The types of tracking and analytics tools we and our service providers use for these purposes are:
- “Cookies” are small data files stored on your computer or device to collect information about your use of the Services. Cookies may enable us to recognize you as the same user who used our Services in the past, and relate your use of the Services to other information we have about you. Cookies may also be used to enhance your experience on the Services (for example, by storing your username) and/or to collect general usage and aggregated statistical information. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, limit your use of our Services or features. Learn more about the use of cookies, including how to manage or delete them. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.
- “Local shared objects,” or “flash cookies,” may be stored on your computer or device using a media player or other software. Local shared objects operate much like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing flash cookies, for example, click here.
- A “pixel tag” (also known as a “clear GIF” or “web beacon”) is a tiny image – typically just one-pixel – that can be placed on a web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our web pages.
Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for online advertising and analytics purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. Learn more about Do Not Track.
4. How We Share Data
- Seeker Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Employers, Services, and Vendors. We will share your information with Employers and services at your request. For example, if you apply for a job, we may share the information with the relevant Employer. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. - Contact and account registration information
- Demographic and statistical information
- Personal identifiers and employment eligibility information
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
- Employer Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Employers, Services, and Vendors. We will share your information with Employers and services at your request. For example, if you apply for a job, we may share the information with the relevant Employer. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. - Contact and account registration information
- Demographic and statistical information
- Personal identifiers and employment eligibility information
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
5. Aggregate/De-Identified Information
We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors, in our discretion.
6. Your Choices and Rights
You have certain rights with respect to your information as further described in this Section, in addition to any rights discussed elsewhere in this Privacy Policy. Please note your rights and choices vary depending upon your location.
Marketing Communications.
You may instruct us not to use your information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. You may do so by logging into your Account and navigating towards Settings and, in commercial email messages, you can opt out by following the instructions located at the bottom of such emails. Removing your name from the email list may take a reasonable amount of time. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.
Account information.
We encourage you to periodically review and update your settings and profile information to reflect your job and communication preferences. You can access these settings at any time by logging in. If you would like us to close your account, you can reach out to us and we will do so.
Privacy Rights for California Residents.
If you are a California resident, California law requires us to provide you with some additional information regarding your rights with respect to your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
- Provide access to and/or a copy of certain personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.
Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Service to you. We also will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, email address, phone number, or other information. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you or to comply with a legal obligation. In some circumstances if you still ask us to delete your information, you may no longer be able to access or use our Services. If you would like further information regarding your legal rights under California law or would like to exercise any of them, please use the form on the Snagajob Knowledge Base or contact us at customersupport@snagajob.com
California residents may opt out of the “sale” of their personal information. We do not “sell” California residents’ personal information under the CCPA, based on our current understanding of the definition of sell. We do share certain information as set forth in Section 3 and allow third parties to collect certain information about your activity, for example through cookies, as explained in Section 2.
With regard to personal information collected by Employers through Employer Direct Engagements, Seekers should direct requests to exercise applicable rights to the Employer on whose behalf we handle the data. If we receive a request from a Seeker directly in relation to information collected through an Employer Direct Engagement, we will refer that request to the appropriate Employer(s) and await each Employer’s instructions on how to handle it.
California “Shine the Light” Disclosure.
The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
Privacy Rights for Nevada Residents.
Under Nevada law, certain Nevada residents may opt out of the “sale” of “covered information” (as such term is defined under Nevada law) for monetary consideration to a person for that person to license or sell such information to additional persons. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of the sale of your covered information under Nevada law by emailing us at customersupport@snagajob.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request.
7. How We Protect Your Data and Our Services
We take measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, and access. However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information and that use of our Services is at your own risk. You are responsible for keeping your account information—and especially your login information—confidential. We ask you not to share your login credentials with anyone.
When you sign up for an account, you may be required to establish a username and password. If you create an account with us, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
If you use messaging features that allow you to interact with Employers or Seekers directly through our Services, please note that these communications are not encrypted and, for security purposes, you should not include any passwords, social security numbers, payment card information, or other sensitive information in such communications.
We have implemented the Invisible reCAPTCHA on our Website. Your use of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.
8. Retention of your Information
We store and maintain your information for the purposes for which it is processed by us. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
9. Your Obligations
As discussed further in our Terms of Use, Seekers and Employers have obligations that they must abide by in order to use the Services:
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
10. Third-Party Links and Features
The Services contain links to third-party services, and you may also integrate our Services with third-party services. For example, Seeker may click a job application link that takes them to a third-party website hosted by an Employer or a third-party. If you choose to use these third-party services or features, you may disclose your information not just to those third parties but also to their users and the public more generally, depending on how their services function. Snagajob is not responsible for the content or practices of such third-party services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.
11. Children’s Privacy
The Services are not intended for children under 13 years of age and we do not knowingly collect, maintain, or use Personal Information from children under 13 years of age. We will take reasonable steps to delete personal information (as defined by the United States Children’s Online Privacy Protection Act) as soon as reasonably possible if we learn that we have inadvertently collected it from children under the age of 13 without parental consent.
If you learn that your child has provided us with Personal Information without your consent, you may alert us at security@snagajob.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
12. Changes to our Privacy Policy
We reserve the right to amend this Privacy Policy at any time. We will make the revised Privacy Policy accessible through the Services, so you should review the Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” at the beginning of this Privacy Policy. If we make a material change to this Privacy Policy, we will provide you with notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.
13. Contact Information
If you wish to contact us or have any questions about or complaints in relation to this Privacy Policy, please email us at info@snagajob.com or use our online contact us form. Please note that your communications with us may not necessarily be secure. Therefore, please do not include credit card information and/or other sensitive information in your communications with us.
Effective May 6, 2020 to June 9, 2020
DownloadTable of Contents
Snagajob Privacy Policy
The Privacy Policy describes the data protection practices of Snagajob.com, Inc. and its affiliated companies (together referred to as “Snagajob” “we,” “us,” or “our”). This Privacy Policy applies to all websites and mobile applications owned and operated by us that link to this Privacy Policy, and related online and offline services (collectively, the “Services”).
Snagajob is a provider of cloud-based software services that help connect businesses (“Employers”) looking to hire for employment positions with our network of job and shift seekers (“Seekers”). When applicable we have made distinctions in these sections between Seekers and Employers to be transparent about the different situations in which we may collect, use, or share personal information.
When we handle information about Seekers who use our Services to fill out job applications or onboarding documents/forms for specific Employers or otherwise communicate directly with Employers (“Employer Direct Engagement”), we do so on behalf of the Employers as a service provider or processor. Employers determine how to engage with Seekers through our Services and thus act as the business that determines the purposes and means of handling Seeker data in relation to Employer Direct Engagements. In those circumstances, Seekers are ultimately subject to the privacy policies of the Employers with which they interact, and they should read those policies carefully. Snagajob is not responsible for the privacy practices of Employers. Snagajob acts as the business and not a service provider when Seekers build profiles and use related services.
PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. By using Snagajob Services, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy and our Terms of Use that allow us to process information about you.
1. Data We Collect
- Data We Collect From Seekers
We collect personal information in order to successfully provide Snagajob Services through the means discussed below. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, DOB, password, email address, username, phone number, wireless device, security questions and answers, city, state, ZIP code, and U.S. work eligibility ("Yes" or "No") - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Contact information, e.g. name, email address, postal address, and phone number - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Demographic and statistical information, e.g. gender, race, age, date of birth, health information, apparel size, marital status, military and veteran status, nationality, disability information, criminal history information, educational history, employment history, professional licenses and memberships, schedule and availability, access to transportation, and responses to tests and surveys. - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Personal identifiers and employment eligibility information, e.g. photographs, driver's license number, operator's license number, motor vehicle license number, passport number, Social Security Number, other state or federal-issued identification numbers, and information you provide on tax and other other government forms. - Provide the Services
- Application information and employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Employers
Financial and transactional information, e.g. bank account number and paycard information. - Employment onboarding
- Fraud prevention and legal purposes
- You
- Employers
Customer service information, e.g. questions and other messages you address to us directly through online forms, by mail, over the phone, or by post; and summaries or voice recordings of your interactions with our customer support team. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Communications with other users, e.g. your in-Serivces messages and information surrounding those messages such as the date/time of the communication. - Provide the Services
- Employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- The Employers you are communicating with
Research, survey, or sweepstakes information, e.g. if you participate in an internal Snagajob survey or sweepstakes on our Services or areas we can improve, we collect information needed for you to participate (such as contact information) and to fulfill your prize. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Survey partners
- Researchers and analysts
Information about others, e.g. if you submit information about your references or former employers; or if you use a "tell-a-friend" tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient's contact information. In providing this information, you represent that you are authorized to provide it. - Provide the Services
- Employment onboarding
- Fraud prevention and legal purposes
- You
- Other users (if you are the recipient of a communication
Device information and identifiers, e.g. IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network, information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Data We Collect from and About Employers
We also collect information from Employers to provide the Services. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, phone number, email address, postal address, account username, password, security questions and answers. - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Business or company information, e.g. business name, industry, FEIN, business phone number, location(s), links to external business websites, pictures, business logo. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Financial and transactional information, e.g. credit card information, billing address. - Provide the Services
- Fraud detection and prevention
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Employment opportunity information, e.g. title, wage range, location(s), availability information, desired qualifications and skills, job description and expectations, job postings. - Provide the Services
- Personalize your experience
- Communicate with you
- Application information and Employment onboarding
- You
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network and information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Additional Information
The following information provides additional information about the purposes for collecting and using your information.
2. Purposes of Use
Provide the Services, for example:
- Creating a profile and saving selected job postings
- Displaying job opportunities and potential candidates
- Processing and fulfilling your requests and transactions, including registrations, subscriptions, purchases, and payments
- Assisting you in submitting, requesting, processing, or reviewing an application
- Engaging in analysis, research, measuring and reports to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Administering internal Net Promotor Score surveys
- Sending communications that you have requested on your behalf
- Understanding and resolving app crashes and other issues being reported
Application information and employment onboarding, for example:
- Applying for a job or shift
- Conducting background check and employment eligibility screenings
- Complying with applicable laws, including federal and state employment law
- Arranging for financial deposits and transactions and relevant trainings
- Facilitating logistics for employment, such as uniform sizing
Communicate with you, for example:
- Responding to your requests for information and provide you with more effective and efficient customer service and technical support, including to investigate, respond to and resolve incidents and complaints
- Keeping you updated regarding job opportunities, interview requests, application reminders, and/or jobs you may be interested in
- Informing Employers about new applicants to posted jobs, account-specific information, and/or promotions regarding our Services
- Providing you with transactional updates and information about the Services (e.g., inform you about updates to our Services, information about your account, or information about ecommerce transactions that you conduct on the Services)
- In accordance with applicable legal requirements, contacting you by email, postal mail, phone, or SMS regarding our Services. If participating in the Snagajob Info Alerts SMS/MMS/Text Program or any other feature that involves SMS messages, you should review the Snagajob SMS/MMS Terms.
Personalize your experience, for example:
- Finding and recommending appropriate and eligible job opportunities and candidates
- Sending you personalized newsletters, surveys, and information about Snagajob products and services
Secure our Services and users, for example:
- Monitoring, preventing, and detecting fraud, such as through verifying your identity
- Combatting spam or other malware or security risks
- Monitoring, enforcing, and improving the security of our Services
Fraud detection and prevention, defending our legal rights and compliance with the law, for example:
- Complying with any applicable procedures, laws, and regulations where it is necessary for our legitimate interests or the legitimate interests of others
- Establishing, exercising, or defending our legal rights where it is necessary for our legitimate interests or the legitimate interests of others (e.g., to enforce compliance with our Terms of Use, Privacy Policies, or to protect our Services, users, or others)
Combined Information.For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.
Consent. We may use all the categories of information set forth above for any purpose with your consent.
3. Cookies and Online Analytics.
We use a variety of online tracking and analytics tools (e.g., cookies, flash cookies, and pixel tags) to collect and analyze information as you use the Services. Among other things, these technologies allow us to offer you a more tailored experience in the future, by understanding and remembering your particular browsing and usage preferences.
We may also use third-party web analytics services (such as those of Google Analytics, Coremetrics, Mixpanel, and Segment) on our Services to collect and analyze information collected through these technologies to assist us in auditing, research, or reporting; fraud prevention; and providing certain features to you. The types of tracking and analytics tools we and our service providers use for these purposes are:
- “Cookies” are small data files stored on your computer or device to collect information about your use of the Services. Cookies may enable us to recognize you as the same user who used our Services in the past, and relate your use of the Services to other information we have about you. Cookies may also be used to enhance your experience on the Services (for example, by storing your username) and/or to collect general usage and aggregated statistical information. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, limit your use of our Services or features. Learn more about the use of cookies, including how to manage or delete them. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.
- “Local shared objects,” or “flash cookies,” may be stored on your computer or device using a media player or other software. Local shared objects operate much like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing flash cookies, for example, click here.
- A “pixel tag” (also known as a “clear GIF” or “web beacon”) is a tiny image – typically just one-pixel – that can be placed on a web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our web pages.
Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for online advertising and analytics purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. Learn more about Do Not Track.
4. How We Share Data
- Seeker Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Employers, Services, and Vendors. We will share your information with Employers and services at your request. For example, if you apply for a job, we may share the information with the relevant Employer. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. - Contact and account registration information
- Demographic and statistical information
- Personal identifiers and employment eligibility information
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
- Employer Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Employers, Services, and Vendors. We will share your information with Employers and services at your request. For example, if you apply for a job, we may share the information with the relevant Employer. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. - Contact and account registration information
- Demographic and statistical information
- Personal identifiers and employment eligibility information
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
5. Aggregate/De-Identified Information
We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors, in our discretion.
6. Your Choices and Rights
You have certain rights with respect to your information as further described in this Section, in addition to any rights discussed elsewhere in this Privacy Policy. Please note your rights and choices vary depending upon your location.
Marketing Communications.
You may instruct us not to use your information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. You may do so by logging into your Account and navigating towards Settings and, in commercial email messages, you can opt out by following the instructions located at the bottom of such emails. Removing your name from the email list may take a reasonable amount of time. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.
Account information.
We encourage you to periodically review and update your settings and profile information to reflect your job and communication preferences. You can access these settings at any time by logging in. If you would like us to close your account, you can reach out to us and we will do so.
Privacy Rights for California Residents.
If you are a California resident, California law requires us to provide you with some additional information regarding your rights with respect to your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
- Provide access to and/or a copy of certain personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.
Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Service to you. We also will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, email address, phone number, or other information. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you or to comply with a legal obligation. In some circumstances if you still ask us to delete your information, you may no longer be able to access or use our Services. If you would like further information regarding your legal rights under California law or would like to exercise any of them, please use the form on the Snagajob Knowledge Base or contact us at customersupport@snagajob.com
California residents may opt out of the “sale” of their personal information. We do not “sell” California residents’ personal information under the CCPA, based on our current understanding of the definition of sell. We do share certain information as set forth in Section 3 and allow third parties to collect certain information about your activity, for example through cookies, as explained in Section 2.
With regard to personal information collected by Employers through Employer Direct Engagements, Seekers should direct requests to exercise applicable rights to the Employer on whose behalf we handle the data. If we receive a request from a Seeker directly in relation to information collected through an Employer Direct Engagement, we will refer that request to the appropriate Employer(s) and await each Employer’s instructions on how to handle it.
California “Shine the Light” Disclosure.
The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
Privacy Rights for Nevada Residents.
Under Nevada law, certain Nevada residents may opt out of the “sale” of “covered information” (as such term is defined under Nevada law) for monetary consideration to a person for that person to license or sell such information to additional persons. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of the sale of your covered information under Nevada law by emailing us at customersupport@snagajob.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request.
7. How We Protect Your Data and Our Services
We take measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, and access. However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information and that use of our Services is at your own risk. You are responsible for keeping your account information—and especially your login information—confidential. We ask you not to share your login credentials with anyone.
When you sign up for an account, you may be required to establish a username and password. If you create an account with us, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
If you use messaging features that allow you to interact with Employers or Seekers directly through our Services, please note that these communications are not encrypted and, for security purposes, you should not include any passwords, social security numbers, payment card information, or other sensitive information in such communications.
We have implemented the Invisible reCAPTCHA on our Website. Your use of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.
8. Retention of your Information
We store and maintain your information for the purposes for which it is processed by us. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
9. Your Obligations
As discussed further in our Terms of Use, Seekers and Employers have obligations that they must abide by in order to use the Services:
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
10. Third-Party Links and Features
The Services contain links to third-party services, and you may also integrate our Services with third-party services. For example, Seeker may click a job application link that takes them to a third-party website hosted by an Employer or a third-party. If you choose to use these third-party services or features, you may disclose your information not just to those third parties but also to their users and the public more generally, depending on how their services function. Snagajob is not responsible for the content or practices of such third-party services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.
11. Children’s Privacy
The Services are not intended for children under 13 years of age and we do not knowingly collect, maintain, or use Personal Information from children under 13 years of age. We will take reasonable steps to delete personal information (as defined by the United States Children’s Online Privacy Protection Act) as soon as reasonably possible if we learn that we have inadvertently collected it from children under the age of 13 without parental consent.
If you learn that your child has provided us with Personal Information without your consent, you may alert us at security@snagajob.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
12. Changes to our Privacy Policy
We reserve the right to amend this Privacy Policy at any time. We will make the revised Privacy Policy accessible through the Services, so you should review the Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” at the beginning of this Privacy Policy. If we make a material change to this Privacy Policy, we will provide you with notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.
13. Contact Information
If you wish to contact us or have any questions about or complaints in relation to this Privacy Policy, please email us at info@snagajob.com or use our online contact us form. Please note that your communications with us may not necessarily be secure. Therefore, please do not include credit card information and/or other sensitive information in your communications with us.
Snagajob Privacy Policy
Note: This Privacy Policy is effective until 12/31/2019. Starting January 1, the new Privacy Policy above will be effective.
This is the privacy policy for Snagajob.com Inc. and Snag Work, LLC (collectively "Snagajob"). This page summarizes the key highlights from our Privacy Policy. For more information, read our full Privacy Policy.
Information we collect from you
We collect information:
- When you register an account to become a Snagajob member (examples: name, e-mail, employer, country, and a password).
- When you provide information to us about yourself.
- We use cookies and other technologies to recognize you, customize your experience, and serve advertisements.
- We automatically receive from your internet use information like your IP address, the URLs of sites from which you arrive or leave the Snagajob websites, your type of browser, your operating system, your mobile provider, your mobile device, and your ISP.
- We retain information you provide in connection with third party services available through Snagajob like surveys and polls or other third party research undertaken with your consent.
How we use information we collect from you
We use the information you provide to:
- Enable you to share your information and communicate with other members, or provide your personal details to third parties offering combined services with Snagajob;
- Allow you to apply to jobs and shifts.
- Administer your account with us and customize the service we provide to you and other members; and to
- Send you service or promotional communications through email and notices on the Snagajob websites.
How you can access, correct or delete your Personal Information
- Review, enhance or edit your personal information through your personal profile page;
- Change your settings to control visibility and accessibility through our website; and
- Tell us to close your Snagajob account.
Your obligations to us and to other Members
Do not abuse the websites by using them to spam, abuse, harass, or otherwise violate the Terms of Use or Privacy Policy.
How we protect the information you give to us
- Personal information you provide will be secured with industry standards and technology. Since the internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
- Although we have made reasonable efforts to safeguard the confidentiality of your Personal Information, we cannot promise, and you should not expect, that your Personal Information will always stay private.
- You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications at all times.
How to contact us
If you have any questions or comments please email us at info@snagajob.com or contact us at:
www.snagajob.com
1-866-227-0466
4851 Lake Brook Drive
Glen Allen, VA 23060
Important information
Notice of all changes that materially affect ways in which your personal information may be used or shared will be posted in updates to our Privacy Policy.
If we change our Privacy Policy, we will post the changes to our Website, and may alert you to such change via e-mail or a message in My Account.
Complete Snagajob.com Privacy Policy
This is the complete Privacy Policy for Snagajob.com Inc. and Snag Work, LLC (collectively "Snagajob").
Purpose of our Privacy Policy
Snagajob.com, Inc. ("Snagajob.com") and Snag Work, LLC ("Snag Work") (together referred to as "Snagajob") appreciate the sensitivity and privacy with which your job search should be handled. In addition to installing numerous privacy features on the Snagajob websites, Snagajob has created this Privacy Policy to emphasize our commitment to your privacy. The Privacy Policy describes how we collect, protect and use information received and collected from you by means of our Websites. It does not apply to information that we gather or collect using any other method. We urge you to read our Privacy Policy so that you will understand both our commitment to you and your privacy, and how you can participate in that commitment. Capitalized and other terms not defined in this Privacy Policy will have the meaning ascribed to them in our Terms of Use.
Providing information to us is voluntary and may be withdrawn by you at any time.
The information you provide to us through our Websites may reveal, or allow others to identify, your nationality, ethnic origin, religion, gender, age, geography, or other aspects of your private life. By providing information to us for the purposes of creating your Member account or adding any additional details to your profile, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy and our Terms of Use that allow us to process information about you. You have the right to withdraw your consent to our collection and processing of your information at any time, in accordance with the terms of this Privacy Policy and our Terms of Use, by changing your Settings, or by closing your Snagajob accounts. Please note, however, that your withdrawal of consent will not be retroactive.
Information we collect from you
Personally Identifiable Information
Our Websites enables you to search for jobs and shifts in your area, register to receive communication about future work opportunities, participate in interactive areas such as My Account or to permit employers to contact you directly regarding job offerings. You may search without registering, but in order to apply for a job or a shift, receive communication, participate in the interactive areas to be found at My Account or be contacted by an employer interested in you for employment, you will have to register with Snagajob. We sometimes collect the following personally identifiable information:
- Email address
- Password
- Name
- Address
- City
- State
- ZIP code
- Phone number
- Date of birth
- Gender
- Military service
- Citizenship
- Education
- Job preferences
- Work experience
- Social Security Number
- References
We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and activity occurring on or through the Services. The information that may be collected automatically includes your computer or mobile device operating system type and version number, manufacturer and model, device identifier (such as the Google Advertising ID or Apple ID for Advertising), browser type, screen resolution, IP address, the website you visited before browsing to our website, general location information such as city, state or geographic area; and information about your use of and actions on the Services, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access. Our service providers and business partners may collect this type of information over time and across third-party websites and mobile applications.
Your personally identifiable information allows us to share your job preferences and work experiences with prospective employers, communicate with you about potential work opportunities, our business and our Websites, improve the information on and operation of our Websites, customize the Websites to your individual preferences and ensure your compliance with our Terms of Use and any other restrictions noted on the Websites.
In addition to providing us with your personally identifiable information and your IP address, if you chose to participate in the interactive portions of our Websites found at My Account, you will have to complete a user profile in which you may describe your skills, professional experiences, educational background, recommendations from other Websites users, group memberships, and networking objectives (this information, together with your personally identifiable information, shall be referred to collectively herein as your "Personal Information"). Providing additional information about yourself beyond what is minimally required at registration is entirely up to you, but providing such additional information enables you to derive more benefit from the Websites and your professional network by helping you build and leverage your professional network and facilitating your search for professional resources, information, and new opportunities. Any Personal Information you provide at registration or in the profile section may be used by us as we describe in the Terms of Use and this Privacy Policy. If you decide not to share such Personal Information, you may not receive the full benefit of being a Website Member.
You may also choose to manually enter or upload data about your contacts to the "Contacts" section of your account with us. Information entered into Contacts is only viewable by you and us. By providing email addresses or other information of non-Members, you represent that you have authority to do so. All information that you enter or upload about your contacts will be covered by the Terms of Use and this Privacy Policy and will enable us to provide customized services such as suggesting people to connect on our Websites.
We may collect information through our Websites in order to, among other things, accurately categorize and respond to Member inquiries and investigate breaches of our terms.
We may collect information about the fact that you use certain features and functionality or our Website, click on ads, or participate in research initiatives like polling and surveys on our Website.
We have implemented the Invisible reCAPTCHA on our Website. Your use of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.
Polls and surveys on our Website
Polls and surveys may be conducted by us or our sponsors. As a Member, you may be invited to participate in polls and surveys from our Websites. Your selection may be random, or it may be based on your non-personally identifiable information, such as job title, geographic location, company size and/or industry. Whether or not you decide to participate in a poll or survey is completely up to you.
After you complete a poll, you will be given access to the aggregate responses of the poll on a results page. Some third parties may target advertisements to you on the results page based on your answers in the poll. Further, we or our Sponsors may follow up with you via e-mail in your My Account account regarding your participation unless you have opted out of receiving such e-mail messages.
We may use third parties to deliver incentives to you to participate in surveys or polls. If the delivery of incentives requires your contact information, you may be asked to provide Personal Information to the third party fulfilling the incentive offer, which will only be used for the purpose of delivering incentives and/or verifying your contact information. It is up to you whether you provide this information, or whether you desire to take advantage of an incentive.
We will not disclose any Personal Information to any third parties in connection with the conduct of any polls or surveys. Your consent to use any Personal Information for the purposes set forth in the poll or survey will be explicitly requested by the party conducting it. You may opt-out of participating in surveys by changing your settings to stop receiving these inquiries and requests.
“Cookies”
We use cookies and web log files to track your Websites usage and trends, to improve the quality of our service, to customize your experience on our Websites, as well as to deliver third-party advertising to Members both on and off our Websites.
While your browser may accept cookies automatically, you can change the settings on your browser to prevent our cookies from being downloaded automatically, or to notify you that they are ready to be downloaded. The latter will give you the option of whether or not you want to accept our cookies. If you decide to decline our cookies, however, some of our Website's features or services may not function as well as they would have had you accepted our cookies.
Our Websites may also contain very small, transparent, electronic images called "Web Beacons" that allow us to count Members who have visited the Website pages on which they are located. Web Beacons are not used to access your Personal Information, but rather are a method for us to assemble aggregated statistics about the usage of our Website. While you cannot decline Web Beacons, you can decline all cookies and therefore render the Web Beacons ineffective. We use Web Beacons with respect to our mobile applications as well.
Summary of information collected by us
In sum, we collect the following information from you:
- Registration information;
- Profile information;
- Information regarding your contacts with other Snagajob Members;
- Information regarding your usage of our Website;
- Information we glean from our cookies;
- Information we glean from our Web Beacons; and
- Your IP address, operating system or mobile platform, ISP or mobile provider, whichever is applicable.
How we communicate with you
As described in our Terms of Use, we will communicate with you through e-mail and notices posted on our Websites, messages to your My Account inbox, mobile text messages, or through other means available to us. We may send you a series of e-mails that help inform new Members about the features of our Websites, and we will also send you service messages relating to the functioning of our Websites. We may also send you messages with promotional information directly or on behalf of our sponsors, unless you have opted out of receiving promotional information.
Many communications you initiate through our Websites (e.g., an invitation sent to a non-Member) will list your primary e-mail address and name in the header of the message. Other communications that you initiate through our Websites, like a request for an introduction, will list your name as the initiator but will not include your personal email address contact information. Your contact information will only be shared with another Member if both of you have indicated that you would like to establish contact with each other.
You can change your e-mail and contact preferences at any time by logging into your account and changing the Settings related to your communication preferences. Unfortunately, you cannot opt-out of receiving service messages from us. If we send communications to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with your receipt of messages on your mobile device (including text messaging charges).
You may unsubscribe from Snagajob emails at any time by either clicking on the "Unsubscribe" link in the footer of the email or logging into your account, clicking Settings. Removing your name from the email list may take up to ten (10) days.
How we use information we collect from you
We take your privacy very seriously, and we do not sell, rent, or otherwise provide your Personal Information to third parties for marketing purposes. The only instances in which we disclose your Personal Information to third parties is as follows:
We disclose your Personal Information to companies and individuals who perform duties on our behalf, such as website hosting, marketing and customer service companies. While these companies may have access to your Personal Information in order to perform their jobs, they are prohibited from sharing your information with any other individual or company.
We will consider releasing, and may release, Personal Information to third parties to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order. We also may release Personal Information in order to prevent a crime, for national security, to protect our rights and property and to protect the personal safety of our Members or the public.
We disclose your Personal Information to prospective employers when you apply for a job and to third parties if you consent for us to do so. In addition, if you indicate that you want to receive offers and promotions from our sponsors, we will send your Personal Information to them according to your interests and preferences. If you decide to share your contact information in this manner, you will be provided with instructions regarding how to opt out of sharing your contact information if you decide you no longer wish to do so. If your Personal Information is disclosed to a prospective employer or a third party or sponsor, the use of your information will be subject to the privacy policy of that company and we are not responsible for that company’s use of your information.
We may disclose and transfer your Personal Information to a third party that acquires all or a substantial portion of our business, whether by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the unlikely event that we become the subject of a voluntary or involuntary bankruptcy proceeding, we or our trustee in bankruptcy may sell, license or otherwise dispose of your Personal Information in a transaction approved by a bankruptcy court. If all or a substantial portion of our business is sold, you will be notified by e-mail or a notice posted on the Websites.
We may use information that does not allow you to be identified ("Anonymized Information") to better design our Websites and to share with our advertisers. For example, we may tell an advertiser or potential advertiser that a certain number of individuals visited a certain area on our Websites. We also might share Aggregate Information regarding the overall demographics of the users of our Websites, such as their age, sex or occupation. Depending on the circumstances, we may or may not charge advertisers for this information.
Notwithstanding anything else herein, we may partner with third party advertisers who may (themselves or through their partners) place or recognize a unique cookie on your browser. These cookies enable more customized ads, content or services to be provided to you. To trigger these cookies, we may pass an encrypted or “hashed” (non-human readable) identifier corresponding to your email address to a Web advertising partner, who may place a cookie on your computer. To opt-out of these cookies, please go to http://www.aboutads.info/choices.
Notwithstanding anything else in this policy, we or a data partner we have engaged may collect and store a unique identifier matched to your mobile device, in order to deliver customized ads or content while you use applications or surf the mobile web. In order to customize these ads or content, we or a data partner may connect demographic or other data about you (received from third parties) either to data you voluntarily have submitted to us, e.g., your email address, or to data passively collected from you, such as your device identifier or IP address. However, personal information may only be passed to a data partner in de-identified or in hashed, non-human readable form.
Some of our third-party partners may allow you to opt out of their targeted advertising. For more information, visit the Network Advertising Initiative Opt-Out Page.
Our Websites contains links to other websites that may be of interest to you. We do not have control over these websites, however, and therefore are not responsible for their privacy policies or practices. Please make sure to review the privacy policies of these websites so that you will be familiar with them.
We offer search services to help find information and learn more about other Members, as well as employment opportunities. We use information from Member profiles to populate and refine our search engine results.
How we protect the information you give to us
We have implemented a variety of security measures to maintain the safety of your Personal Information. We keep your Personal Information on a central database on a secured network in the United States that can be accessed only by a limited number of persons who are required to keep such information confidential. We audit our network regularly for possible vulnerabilities and attacks.
By using the Website, you grant us and all other persons or entities involved in the operation of our Website the right to receive, transmit, monitor, retrieve, store and use your Personal Information, including information that may be privileged and confidential under applicable state and federal laws, in connection with the operation of our Website and our maintenance of your Personal Information.
Although we have made reasonable efforts to safeguard the confidentiality of your Personal Information, we cannot promise, and you should not expect, that your Personal Information will always stay private. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. We also cannot guarantee that unauthorized third parties will never be able to circumvent our security measures and obtain access to your Personal Information and use it for improper purposes. As a user of the Website, you agree that you assume all risks regarding your use of the Website, transmissions made over the Internet generally, and your sharing of your Personal Information.
You are responsible, however, for taking all reasonable steps to ensure that no unauthorized person has access to your password. It is your sole responsibility (1) to control the dissemination and use of your password; (2) to authorize, monitor and control access to your password; and (3) to promptly notify us of any need to deactivate your login, or to change your password.
Also, please note that e-mails, instant messaging, and similar means of communication with other Members of our Website are not encrypted, and we strongly advise you not to communicate any confidential information through these means.
How you can access, correct or delete your Personal Information
We are committed to providing you reasonable and practical access to your Personal Information to determine if it is accurate. You may review the Personal Information that we have collected from you by logging in, and clicking "Edit Profile." If you would like a hard copy of the Personal Information that we have collected from you, you may contact us at info@snagajob.com or info@snag.work. To protect your privacy and security, we will also take reasonable steps to verify your identity before sending your Personal Information or making corrections to it. Please be aware that even after your request for a change is processed, we may, for a time, retain residual information about you in our backup and/or archival copies of our database.
While we have developed default settings for Member accounts that most Members desire, we encourage you to review your account Settings and adjust them according to your preferences.
You may opt out of or discontinue receiving communications from us by logging in, clicking Settings, and deselecting the corresponding checkboxes before clicking the "Submit" button. If you no longer wish to use our Websites, we will, upon request, remove your account and Profile Information from our records. In order to do so, please contact us at info@snagajob.com or info@snag.work with your username, password and email address. The removal process may take up to ten (10) days.
If you decide to close your account with us, we will remove your name and other Personal Information from our publicly viewable database. If you close your account, we have no obligation to retain your information, and may delete any or all of your account information without liability. However, we may retain certain data contributed by you if we believe it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law. We may also retain and use your information if necessary to provide our Website services to other Members. We disclaim any liability in relation to the deletion or retention (subject to the terms herein) of information or any obligation not to delete the information. We do not control when search engines update their caches, which may contain certain public profile information that has since been removed from our publicly viewable database.
If we learn that a Member is deceased, we may close such Member's account. In those cases we may restrict profile access, remove messaging functionality, and close an account if we receive a formal request from the Member's next of kin or other proper legal request to do so.
Your obligations to us and to other Members
As a Member, you have certain obligations to other Members. Those obligations include the following:
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others.
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
Do Not Track Signals
Some Internet browsers may be configured to send 'Do Not Track' signals to the online services that you visit. We currently do not respond to "Do Not Track" or similar signals. To find out more about 'Do Not Track,' please visit http://www.allaboutdnt.com.
SMS/Text Program Terms and Conditions
How to contact us
Should you have other questions or concerns about this Privacy Policy, or any comments, concerns or general feedback, please do not hesitate to contact us by sending us an email from this page or https://www.snagajob.com/shifts/contact-us/, or at the following:
www.snagajob.com
1-866-227-0466
4851 Lake Brook Drive
Glen Allen, VA 23060
How we announce changes to our Privacy Policy
We may update this Privacy Policy at any time, with or without advance notice. If we change our Privacy Policy, we will post the changes to our Websites, and may alert you to such change via e-mail, as described above. Your use of the Websites constitutes acceptance of this Privacy Policy, and your continued usage of our Websites after such changes are posted constitutes acceptance of such revised Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account that we have collected from you by means of our Websites.
Effective May 6, 2020 to May 6, 2020
DownloadTable of Contents
Snagajob Privacy Policy
The Privacy Policy describes the data protection practices of Snagajob.com, Inc. and its affiliated companies (together referred to as “Snagajob” “we,” “us,” or “our”). This Privacy Policy applies to all websites and mobile applications owned and operated by us that link to this Privacy Policy, and related online and offline services (collectively, the “Services”).
Snagajob is a provider of cloud-based software services that help connect businesses (“Employers”) looking to hire for employment positions with our network of job and shift seekers (“Seekers”). When applicable we have made distinctions in these sections between Seekers and Employers to be transparent about the different situations in which we may collect, use, or share personal information.
When we handle information about Seekers who use our Services to fill out job applications or onboarding documents/forms for specific Employers or otherwise communicate directly with Employers (“Employer Direct Engagement”), we do so on behalf of the Employers as a service provider or processor. Employers determine how to engage with Seekers through our Services and thus act as the business that determines the purposes and means of handling Seeker data in relation to Employer Direct Engagements. In those circumstances, Seekers are ultimately subject to the privacy policies of the Employers with which they interact, and they should read those policies carefully. Snagajob is not responsible for the privacy practices of Employers. Snagajob acts as the business and not a service provider when Seekers build profiles and use related services.
PLEASE READ THIS PRIVACY POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. By using Snagajob Services, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy and our Terms of Use that allow us to process information about you.
1. Data We Collect
- Data We Collect From Seekers
We collect personal information in order to successfully provide Snagajob Services through the means discussed below. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, DOB, password, email address, username, phone number, wireless device, security questions and answers, city, state, ZIP code, and U.S. work eligibility ("Yes" or "No") - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Contact information, e.g. name, email address, postal address, and phone number - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Demographic and statistical information, e.g. gender, race, age, date of birth, health information, apparel size, marital status, military and veteran status, nationality, disability information, criminal history information, educational history, employment history, professional licenses and memberships, schedule and availability, access to transportation, and responses to tests and surveys. - Provide the Services
- Application information and employment onboarding
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Personal identifiers and employment eligibility information, e.g. photographs, driver's license number, operator's license number, motor vehicle license number, passport number, Social Security Number, other state or federal-issued identification numbers, and information you provide on tax and other other government forms. - Provide the Services
- Application information and employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Employers
Financial and transactional information, e.g. bank account number and paycard information. - Employment onboarding
- Fraud prevention and legal purposes
- You
- Employers
Customer service information, e.g. questions and other messages you address to us directly through online forms, by mail, over the phone, or by post; and summaries or voice recordings of your interactions with our customer support team. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Communications with other users, e.g. your in-Serivces messages and information surrounding those messages such as the date/time of the communication. - Provide the Services
- Employment onboarding
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- The Employers you are communicating with
Research, survey, or sweepstakes information, e.g. if you participate in an internal Snagajob survey or sweepstakes on our Services or areas we can improve, we collect information needed for you to participate (such as contact information) and to fulfill your prize. - Provide the Services
- Communicate with you
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Survey partners
- Researchers and analysts
Information about others, e.g. if you submit information about your references or former employers; or if you use a "tell-a-friend" tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient's contact information. In providing this information, you represent that you are authorized to provide it. - Provide the Services
- Employment onboarding
- Fraud prevention and legal purposes
- You
- Other users (if you are the recipient of a communication
Device information and identifiers, e.g. IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
- Cookies and tracking technologies
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network, information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Data We Collect from and About Employers
We also collect information from Employers to provide the Services. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information:
Categories of information collected Purposes of use Sources of information Account registration information, e.g. name, phone number, email address, postal address, account username, password, security questions and answers. - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Business or company information, e.g. business name, industry, FEIN, business phone number, location(s), links to external business websites, pictures, business logo. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Financial and transactional information, e.g. credit card information, billing address. - Provide the Services
- Fraud detection and prevention
- Secure our Services and users
- Fraud prevention and legal purposes
- You
Employment opportunity information, e.g. title, wage range, location(s), availability information, desired qualifications and skills, job description and expectations, job postings. - Provide the Services
- Personalize your experience
- Communicate with you
- Application information and Employment onboarding
- You
Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network and information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). - Provide the Services
- Communicate with you
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Social media networks, in accordance with your privacy preferences and such services
Geolocation, e.g. city, state, country, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. - Provide the Services
- Personalize your experience
- Secure our Services and users
- Fraud prevention and legal purposes
- You
- Analytics providers
Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. - All purposes listed above
- You
- Additional Information
The following information provides additional information about the purposes for collecting and using your information.
2. Purposes of Use
Provide the Services, for example:
- Creating a profile and saving selected job postings
- Displaying job opportunities and potential candidates
- Processing and fulfilling your requests and transactions, including registrations, subscriptions, purchases, and payments
- Assisting you in submitting, requesting, processing, or reviewing an application
- Engaging in analysis, research, measuring and reports to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Administering internal Net Promotor Score surveys
- Sending communications that you have requested on your behalf
- Understanding and resolving app crashes and other issues being reported
Application information and employment onboarding, for example:
- Applying for a job or shift
- Conducting background check and employment eligibility screenings
- Complying with applicable laws, including federal and state employment law
- Arranging for financial deposits and transactions and relevant trainings
- Facilitating logistics for employment, such as uniform sizing
Communicate with you, for example:
- Responding to your requests for information and provide you with more effective and efficient customer service and technical support, including to investigate, respond to and resolve incidents and complaints
- Keeping you updated regarding job opportunities, interview requests, application reminders, and/or jobs you may be interested in
- Informing Employers about new applicants to posted jobs, account-specific information, and/or promotions regarding our Services
- Providing you with transactional updates and information about the Services (e.g., inform you about updates to our Services, information about your account, or information about ecommerce transactions that you conduct on the Services)
- In accordance with applicable legal requirements, contacting you by email, postal mail, phone, or SMS regarding our Services. If participating in the Snagajob Info Alerts SMS/MMS/Text Program or any other feature that involves SMS messages, you should review the Snagajob SMS/MMS Terms.
Personalize your experience, for example:
- Finding and recommending appropriate and eligible job opportunities and candidates
- Sending you personalized newsletters, surveys, and information about Snagajob products and services
Secure our Services and users, for example:
- Monitoring, preventing, and detecting fraud, such as through verifying your identity
- Combatting spam or other malware or security risks
- Monitoring, enforcing, and improving the security of our Services
Fraud detection and prevention, defending our legal rights and compliance with the law, for example:
- Complying with any applicable procedures, laws, and regulations where it is necessary for our legitimate interests or the legitimate interests of others
- Establishing, exercising, or defending our legal rights where it is necessary for our legitimate interests or the legitimate interests of others (e.g., to enforce compliance with our Terms of Use, Privacy Policies, or to protect our Services, users, or others)
Combined Information.For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.
Consent. We may use all the categories of information set forth above for any purpose with your consent.
3. Cookies and Online Analytics.
We use a variety of online tracking and analytics tools (e.g., cookies, flash cookies, and pixel tags) to collect and analyze information as you use the Services. Among other things, these technologies allow us to offer you a more tailored experience in the future, by understanding and remembering your particular browsing and usage preferences.
We may also use third-party web analytics services (such as those of Google Analytics, Coremetrics, Mixpanel, and Segment) on our Services to collect and analyze information collected through these technologies to assist us in auditing, research, or reporting; fraud prevention; and providing certain features to you. The types of tracking and analytics tools we and our service providers use for these purposes are:
- “Cookies” are small data files stored on your computer or device to collect information about your use of the Services. Cookies may enable us to recognize you as the same user who used our Services in the past, and relate your use of the Services to other information we have about you. Cookies may also be used to enhance your experience on the Services (for example, by storing your username) and/or to collect general usage and aggregated statistical information. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, limit your use of our Services or features. Learn more about the use of cookies, including how to manage or delete them. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.
- “Local shared objects,” or “flash cookies,” may be stored on your computer or device using a media player or other software. Local shared objects operate much like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing flash cookies, for example, click here.
- A “pixel tag” (also known as a “clear GIF” or “web beacon”) is a tiny image – typically just one-pixel – that can be placed on a web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our web pages.
Do Not Track. Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. We are committed to providing you with meaningful choices about the information collected on our website for online advertising and analytics purposes, and that is why we provide the variety of opt-out mechanisms listed above. However, we do not currently recognize or respond to browser-initiated DNT signals. Learn more about Do Not Track.
4. How We Share Data
- Seeker Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Employers, Services, and Vendors. We will share your information with Employers and services at your request. For example, if you apply for a job, we may share the information with the relevant Employer. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. - Contact and account registration information
- Demographic and statistical information
- Personal identifiers and employment eligibility information
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
- Employer Data
We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent.
Third Parties with which we share information and why Categories of information shared Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. - All categories of information we collect may be shared with our service providers
Employers, Services, and Vendors. We will share your information with Employers and services at your request. For example, if you apply for a job, we may share the information with the relevant Employer. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. - Contact and account registration information
- Demographic and statistical information
- Personal identifiers and employment eligibility information
- Employment opportunity information
- Financial and transactional information
- Communications with other users
- Information about others
- Other information
Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. - All categories of information we collect may be shared for legal purposes
Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. - All categories of information we collect may be shared in connection with a business transaction
5. Aggregate/De-Identified Information
We may aggregate and/or de-identify any information collected through the Services so that such information can no longer be linked to you or your device (“Aggregate/De-Identified Information”). We may use Aggregate/De-Identified Information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, promotional partners, and sponsors, in our discretion.
6. Your Choices and Rights
You have certain rights with respect to your information as further described in this Section, in addition to any rights discussed elsewhere in this Privacy Policy. Please note your rights and choices vary depending upon your location.
Marketing Communications.
You may instruct us not to use your information to contact you by email, postal mail, or phone regarding products, services, promotions and special events that might appeal to your interests by contacting us using the information below. You may do so by logging into your Account and navigating towards Settings and, in commercial email messages, you can opt out by following the instructions located at the bottom of such emails. Removing your name from the email list may take a reasonable amount of time. Please note that, regardless of your request, we may still use and share certain information as permitted by this Privacy Policy or as required by applicable law. For example, you may not opt out of certain operational emails, such as those reflecting our relationship or transactions with you.
Account information.
We encourage you to periodically review and update your settings and profile information to reflect your job and communication preferences. You can access these settings at any time by logging in. If you would like us to close your account, you can reach out to us and we will do so.
Privacy Rights for California Residents.
If you are a California resident, California law requires us to provide you with some additional information regarding your rights with respect to your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).
If you are a California resident, the CCPA allows you to make certain requests about your personal information. Specifically, the CCPA allows you to request us to:
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information.
- Provide access to and/or a copy of certain personal information we hold about you.
- Delete certain personal information we have about you.
- Provide you with information about the financial incentives that we offer to you, if any.
The CCPA further provides you with the right to not be discriminated against (as provided for in applicable law) for exercising your rights.
Please note that certain information may be exempt from such requests under California law. For example, we need certain information in order to provide the Service to you. We also will take reasonable steps to verify your identity before responding to a request, which may include, at a minimum, depending on the sensitivity of the information you are requesting and the type of request you are making, verifying your name, email address, phone number, or other information. You are also permitted to designate an authorized agent to submit certain requests on your behalf. In order for an authorized agent to be verified, you must provide the authorized agent with signed, written permission to make such requests or a power of attorney. We may also follow up with you to verify your identity before processing the authorized agent’s request. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Services to you or to comply with a legal obligation. In some circumstances if you still ask us to delete your information, you may no longer be able to access or use our Services. If you would like further information regarding your legal rights under California law or would like to exercise any of them, please use the form on the Snagajob Knowledge Base or contact us at customersupport@snagajob.com
California residents may opt out of the “sale” of their personal information. We do not “sell” California residents’ personal information under the CCPA, based on our current understanding of the definition of sell. We do share certain information as set forth in Section 3 and allow third parties to collect certain information about your activity, for example through cookies, as explained in Section 2.
With regard to personal information collected by Employers through Employer Direct Engagements, Seekers should direct requests to exercise applicable rights to the Employer on whose behalf we handle the data. If we receive a request from a Seeker directly in relation to information collected through an Employer Direct Engagement, we will refer that request to the appropriate Employer(s) and await each Employer’s instructions on how to handle it.
California “Shine the Light” Disclosure.
The California “Shine the Light” law gives residents of California the right under certain circumstances to opt out of the sharing of certain categories of personal information (as defined in the Shine the Light law) with third parties for their direct marketing purposes. We do not share your personal information with third parties for their own direct marketing purposes.
Privacy Rights for Nevada Residents.
Under Nevada law, certain Nevada residents may opt out of the “sale” of “covered information” (as such term is defined under Nevada law) for monetary consideration to a person for that person to license or sell such information to additional persons. “Covered information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of the sale of your covered information under Nevada law by emailing us at customersupport@snagajob.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request.
7. How We Protect Your Data and Our Services
We take measures to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure, and access. However, no method of transmission over the internet, and no means of electronic or physical storage, is absolutely secure. By using our Services, you acknowledge and accept that we cannot guarantee the security of your information and that use of our Services is at your own risk. You are responsible for keeping your account information—and especially your login information—confidential. We ask you not to share your login credentials with anyone.
When you sign up for an account, you may be required to establish a username and password. If you create an account with us, you are responsible for maintaining the confidentiality of your account password and for any activity that occurs under your account. We are not responsible for any loss or damage arising from your failure to maintain the confidentiality of your password.
If you use messaging features that allow you to interact with Employers or Seekers directly through our Services, please note that these communications are not encrypted and, for security purposes, you should not include any passwords, social security numbers, payment card information, or other sensitive information in such communications.
We have implemented the Invisible reCAPTCHA on our Website. Your use of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.
8. Retention of your Information
We store and maintain your information for the purposes for which it is processed by us. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
9. Your Obligations
As discussed further in our Terms of Use, Seekers and Employers have obligations that they must abide by in order to use the Services:
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
10. Third-Party Links and Features
The Services contain links to third-party services, and you may also integrate our Services with third-party services. For example, Seeker may click a job application link that takes them to a third-party website hosted by an Employer or a third-party. If you choose to use these third-party services or features, you may disclose your information not just to those third parties but also to their users and the public more generally, depending on how their services function. Snagajob is not responsible for the content or practices of such third-party services. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.
11. Children’s Privacy
The Services are not intended for children under 13 years of age and we do not knowingly collect, maintain, or use Personal Information from children under 13 years of age. We will take reasonable steps to delete personal information (as defined by the United States Children’s Online Privacy Protection Act) as soon as reasonably possible if we learn that we have inadvertently collected it from children under the age of 13 without parental consent.
If you learn that your child has provided us with Personal Information without your consent, you may alert us at security@snagajob.com. If we learn that we have collected any Personal Information from children under 13, we will promptly take steps to delete such information and terminate the child’s account.
12. Changes to our Privacy Policy
We reserve the right to amend this Privacy Policy at any time. We will make the revised Privacy Policy accessible through the Services, so you should review the Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Effective Date” at the beginning of this Privacy Policy. If we make a material change to this Privacy Policy, we will provide you with notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Privacy Policy.
13. Contact Information
If you wish to contact us or have any questions about or complaints in relation to this Privacy Policy, please email us at info@snagajob.com or use our online contact us form. Please note that your communications with us may not necessarily be secure. Therefore, please do not include credit card information and/or other sensitive information in your communications with us.
Snagajob Privacy Policy
Note: This Privacy Policy is effective until 12/31/2019. Starting January 1, the new Privacy Policy above will be effective.
This is the privacy policy for Snagajob.com Inc. and Snag Work, LLC (collectively "Snagajob"). This page summarizes the key highlights from our Privacy Policy. For more information, read our full Privacy Policy.
Information we collect from you
We collect information:
- When you register an account to become a Snagajob member (examples: name, e-mail, employer, country, and a password).
- When you provide information to us about yourself.
- We use cookies and other technologies to recognize you, customize your experience, and serve advertisements.
- We automatically receive from your internet use information like your IP address, the URLs of sites from which you arrive or leave the Snagajob websites, your type of browser, your operating system, your mobile provider, your mobile device, and your ISP.
- We retain information you provide in connection with third party services available through Snagajob like surveys and polls or other third party research undertaken with your consent.
How we use information we collect from you
We use the information you provide to:
- Enable you to share your information and communicate with other members, or provide your personal details to third parties offering combined services with Snagajob;
- Allow you to apply to jobs and shifts.
- Administer your account with us and customize the service we provide to you and other members; and to
- Send you service or promotional communications through email and notices on the Snagajob websites.
How you can access, correct or delete your Personal Information
- Review, enhance or edit your personal information through your personal profile page;
- Change your settings to control visibility and accessibility through our website; and
- Tell us to close your Snagajob account.
Your obligations to us and to other Members
Do not abuse the websites by using them to spam, abuse, harass, or otherwise violate the Terms of Use or Privacy Policy.
How we protect the information you give to us
- Personal information you provide will be secured with industry standards and technology. Since the internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
- Although we have made reasonable efforts to safeguard the confidentiality of your Personal Information, we cannot promise, and you should not expect, that your Personal Information will always stay private.
- You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications at all times.
How to contact us
If you have any questions or comments please email us at info@snagajob.com or contact us at:
www.snagajob.com
1-866-227-0466
4851 Lake Brook Drive
Glen Allen, VA 23060
Important information
Notice of all changes that materially affect ways in which your personal information may be used or shared will be posted in updates to our Privacy Policy.
If we change our Privacy Policy, we will post the changes to our Website, and may alert you to such change via e-mail or a message in My Account.
Complete Snagajob.com Privacy Policy
This is the complete Privacy Policy for Snagajob.com Inc. and Snag Work, LLC (collectively "Snagajob").
Purpose of our Privacy Policy
Snagajob.com, Inc. ("Snagajob.com") and Snag Work, LLC ("Snag Work") (together referred to as "Snagajob") appreciate the sensitivity and privacy with which your job search should be handled. In addition to installing numerous privacy features on the Snagajob websites, Snagajob has created this Privacy Policy to emphasize our commitment to your privacy. The Privacy Policy describes how we collect, protect and use information received and collected from you by means of our Websites. It does not apply to information that we gather or collect using any other method. We urge you to read our Privacy Policy so that you will understand both our commitment to you and your privacy, and how you can participate in that commitment. Capitalized and other terms not defined in this Privacy Policy will have the meaning ascribed to them in our Terms of Use.
Providing information to us is voluntary and may be withdrawn by you at any time.
The information you provide to us through our Websites may reveal, or allow others to identify, your nationality, ethnic origin, religion, gender, age, geography, or other aspects of your private life. By providing information to us for the purposes of creating your Member account or adding any additional details to your profile, you are expressly and voluntarily accepting the terms and conditions of this Privacy Policy and our Terms of Use that allow us to process information about you. You have the right to withdraw your consent to our collection and processing of your information at any time, in accordance with the terms of this Privacy Policy and our Terms of Use, by changing your Settings, or by closing your Snagajob accounts. Please note, however, that your withdrawal of consent will not be retroactive.
Information we collect from you
Personally Identifiable Information
Our Websites enables you to search for jobs and shifts in your area, register to receive communication about future work opportunities, participate in interactive areas such as My Account or to permit employers to contact you directly regarding job offerings. You may search without registering, but in order to apply for a job or a shift, receive communication, participate in the interactive areas to be found at My Account or be contacted by an employer interested in you for employment, you will have to register with Snagajob. We sometimes collect the following personally identifiable information:
- Email address
- Password
- Name
- Address
- City
- State
- ZIP code
- Phone number
- Date of birth
- Gender
- Military service
- Citizenship
- Education
- Job preferences
- Work experience
- Social Security Number
- References
We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and activity occurring on or through the Services. The information that may be collected automatically includes your computer or mobile device operating system type and version number, manufacturer and model, device identifier (such as the Google Advertising ID or Apple ID for Advertising), browser type, screen resolution, IP address, the website you visited before browsing to our website, general location information such as city, state or geographic area; and information about your use of and actions on the Services, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and length of access. Our service providers and business partners may collect this type of information over time and across third-party websites and mobile applications.
Your personally identifiable information allows us to share your job preferences and work experiences with prospective employers, communicate with you about potential work opportunities, our business and our Websites, improve the information on and operation of our Websites, customize the Websites to your individual preferences and ensure your compliance with our Terms of Use and any other restrictions noted on the Websites.
In addition to providing us with your personally identifiable information and your IP address, if you chose to participate in the interactive portions of our Websites found at My Account, you will have to complete a user profile in which you may describe your skills, professional experiences, educational background, recommendations from other Websites users, group memberships, and networking objectives (this information, together with your personally identifiable information, shall be referred to collectively herein as your "Personal Information"). Providing additional information about yourself beyond what is minimally required at registration is entirely up to you, but providing such additional information enables you to derive more benefit from the Websites and your professional network by helping you build and leverage your professional network and facilitating your search for professional resources, information, and new opportunities. Any Personal Information you provide at registration or in the profile section may be used by us as we describe in the Terms of Use and this Privacy Policy. If you decide not to share such Personal Information, you may not receive the full benefit of being a Website Member.
You may also choose to manually enter or upload data about your contacts to the "Contacts" section of your account with us. Information entered into Contacts is only viewable by you and us. By providing email addresses or other information of non-Members, you represent that you have authority to do so. All information that you enter or upload about your contacts will be covered by the Terms of Use and this Privacy Policy and will enable us to provide customized services such as suggesting people to connect on our Websites.
We may collect information through our Websites in order to, among other things, accurately categorize and respond to Member inquiries and investigate breaches of our terms.
We may collect information about the fact that you use certain features and functionality or our Website, click on ads, or participate in research initiatives like polling and surveys on our Website.
We have implemented the Invisible reCAPTCHA on our Website. Your use of the Invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.
Polls and surveys on our Website
Polls and surveys may be conducted by us or our sponsors. As a Member, you may be invited to participate in polls and surveys from our Websites. Your selection may be random, or it may be based on your non-personally identifiable information, such as job title, geographic location, company size and/or industry. Whether or not you decide to participate in a poll or survey is completely up to you.
After you complete a poll, you will be given access to the aggregate responses of the poll on a results page. Some third parties may target advertisements to you on the results page based on your answers in the poll. Further, we or our Sponsors may follow up with you via e-mail in your My Account account regarding your participation unless you have opted out of receiving such e-mail messages.
We may use third parties to deliver incentives to you to participate in surveys or polls. If the delivery of incentives requires your contact information, you may be asked to provide Personal Information to the third party fulfilling the incentive offer, which will only be used for the purpose of delivering incentives and/or verifying your contact information. It is up to you whether you provide this information, or whether you desire to take advantage of an incentive.
We will not disclose any Personal Information to any third parties in connection with the conduct of any polls or surveys. Your consent to use any Personal Information for the purposes set forth in the poll or survey will be explicitly requested by the party conducting it. You may opt-out of participating in surveys by changing your settings to stop receiving these inquiries and requests.
“Cookies”
We use cookies and web log files to track your Websites usage and trends, to improve the quality of our service, to customize your experience on our Websites, as well as to deliver third-party advertising to Members both on and off our Websites.
While your browser may accept cookies automatically, you can change the settings on your browser to prevent our cookies from being downloaded automatically, or to notify you that they are ready to be downloaded. The latter will give you the option of whether or not you want to accept our cookies. If you decide to decline our cookies, however, some of our Website's features or services may not function as well as they would have had you accepted our cookies.
Our Websites may also contain very small, transparent, electronic images called "Web Beacons" that allow us to count Members who have visited the Website pages on which they are located. Web Beacons are not used to access your Personal Information, but rather are a method for us to assemble aggregated statistics about the usage of our Website. While you cannot decline Web Beacons, you can decline all cookies and therefore render the Web Beacons ineffective. We use Web Beacons with respect to our mobile applications as well.
Summary of information collected by us
In sum, we collect the following information from you:
- Registration information;
- Profile information;
- Information regarding your contacts with other Snagajob Members;
- Information regarding your usage of our Website;
- Information we glean from our cookies;
- Information we glean from our Web Beacons; and
- Your IP address, operating system or mobile platform, ISP or mobile provider, whichever is applicable.
How we communicate with you
As described in our Terms of Use, we will communicate with you through e-mail and notices posted on our Websites, messages to your My Account inbox, mobile text messages, or through other means available to us. We may send you a series of e-mails that help inform new Members about the features of our Websites, and we will also send you service messages relating to the functioning of our Websites. We may also send you messages with promotional information directly or on behalf of our sponsors, unless you have opted out of receiving promotional information.
Many communications you initiate through our Websites (e.g., an invitation sent to a non-Member) will list your primary e-mail address and name in the header of the message. Other communications that you initiate through our Websites, like a request for an introduction, will list your name as the initiator but will not include your personal email address contact information. Your contact information will only be shared with another Member if both of you have indicated that you would like to establish contact with each other.
You can change your e-mail and contact preferences at any time by logging into your account and changing the Settings related to your communication preferences. Unfortunately, you cannot opt-out of receiving service messages from us. If we send communications to you via the carrier service with which you have a mobile communications subscription or otherwise have access, you understand you will pay any service fees associated with your receipt of messages on your mobile device (including text messaging charges).
You may unsubscribe from Snagajob emails at any time by either clicking on the "Unsubscribe" link in the footer of the email or logging into your account, clicking Settings. Removing your name from the email list may take up to ten (10) days.
How we use information we collect from you
We take your privacy very seriously, and we do not sell, rent, or otherwise provide your Personal Information to third parties for marketing purposes. The only instances in which we disclose your Personal Information to third parties is as follows:
We disclose your Personal Information to companies and individuals who perform duties on our behalf, such as website hosting, marketing and customer service companies. While these companies may have access to your Personal Information in order to perform their jobs, they are prohibited from sharing your information with any other individual or company.
We will consider releasing, and may release, Personal Information to third parties to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order. We also may release Personal Information in order to prevent a crime, for national security, to protect our rights and property and to protect the personal safety of our Members or the public.
We disclose your Personal Information to prospective employers when you apply for a job and to third parties if you consent for us to do so. In addition, if you indicate that you want to receive offers and promotions from our sponsors, we will send your Personal Information to them according to your interests and preferences. If you decide to share your contact information in this manner, you will be provided with instructions regarding how to opt out of sharing your contact information if you decide you no longer wish to do so. If your Personal Information is disclosed to a prospective employer or a third party or sponsor, the use of your information will be subject to the privacy policy of that company and we are not responsible for that company’s use of your information.
We may disclose and transfer your Personal Information to a third party that acquires all or a substantial portion of our business, whether by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the unlikely event that we become the subject of a voluntary or involuntary bankruptcy proceeding, we or our trustee in bankruptcy may sell, license or otherwise dispose of your Personal Information in a transaction approved by a bankruptcy court. If all or a substantial portion of our business is sold, you will be notified by e-mail or a notice posted on the Websites.
We may use information that does not allow you to be identified ("Anonymized Information") to better design our Websites and to share with our advertisers. For example, we may tell an advertiser or potential advertiser that a certain number of individuals visited a certain area on our Websites. We also might share Aggregate Information regarding the overall demographics of the users of our Websites, such as their age, sex or occupation. Depending on the circumstances, we may or may not charge advertisers for this information.
Notwithstanding anything else herein, we may partner with third party advertisers who may (themselves or through their partners) place or recognize a unique cookie on your browser. These cookies enable more customized ads, content or services to be provided to you. To trigger these cookies, we may pass an encrypted or “hashed” (non-human readable) identifier corresponding to your email address to a Web advertising partner, who may place a cookie on your computer. To opt-out of these cookies, please go to http://www.aboutads.info/choices.
Notwithstanding anything else in this policy, we or a data partner we have engaged may collect and store a unique identifier matched to your mobile device, in order to deliver customized ads or content while you use applications or surf the mobile web. In order to customize these ads or content, we or a data partner may connect demographic or other data about you (received from third parties) either to data you voluntarily have submitted to us, e.g., your email address, or to data passively collected from you, such as your device identifier or IP address. However, personal information may only be passed to a data partner in de-identified or in hashed, non-human readable form.
Some of our third-party partners may allow you to opt out of their targeted advertising. For more information, visit the Network Advertising Initiative Opt-Out Page.
Our Websites contains links to other websites that may be of interest to you. We do not have control over these websites, however, and therefore are not responsible for their privacy policies or practices. Please make sure to review the privacy policies of these websites so that you will be familiar with them.
We offer search services to help find information and learn more about other Members, as well as employment opportunities. We use information from Member profiles to populate and refine our search engine results.
How we protect the information you give to us
We have implemented a variety of security measures to maintain the safety of your Personal Information. We keep your Personal Information on a central database on a secured network in the United States that can be accessed only by a limited number of persons who are required to keep such information confidential. We audit our network regularly for possible vulnerabilities and attacks.
By using the Website, you grant us and all other persons or entities involved in the operation of our Website the right to receive, transmit, monitor, retrieve, store and use your Personal Information, including information that may be privileged and confidential under applicable state and federal laws, in connection with the operation of our Website and our maintenance of your Personal Information.
Although we have made reasonable efforts to safeguard the confidentiality of your Personal Information, we cannot promise, and you should not expect, that your Personal Information will always stay private. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. We also cannot guarantee that unauthorized third parties will never be able to circumvent our security measures and obtain access to your Personal Information and use it for improper purposes. As a user of the Website, you agree that you assume all risks regarding your use of the Website, transmissions made over the Internet generally, and your sharing of your Personal Information.
You are responsible, however, for taking all reasonable steps to ensure that no unauthorized person has access to your password. It is your sole responsibility (1) to control the dissemination and use of your password; (2) to authorize, monitor and control access to your password; and (3) to promptly notify us of any need to deactivate your login, or to change your password.
Also, please note that e-mails, instant messaging, and similar means of communication with other Members of our Website are not encrypted, and we strongly advise you not to communicate any confidential information through these means.
How you can access, correct or delete your Personal Information
We are committed to providing you reasonable and practical access to your Personal Information to determine if it is accurate. You may review the Personal Information that we have collected from you by logging in, and clicking "Edit Profile." If you would like a hard copy of the Personal Information that we have collected from you, you may contact us at info@snagajob.com or info@snag.work. To protect your privacy and security, we will also take reasonable steps to verify your identity before sending your Personal Information or making corrections to it. Please be aware that even after your request for a change is processed, we may, for a time, retain residual information about you in our backup and/or archival copies of our database.
While we have developed default settings for Member accounts that most Members desire, we encourage you to review your account Settings and adjust them according to your preferences.
You may opt out of or discontinue receiving communications from us by logging in, clicking Settings, and deselecting the corresponding checkboxes before clicking the "Submit" button. If you no longer wish to use our Websites, we will, upon request, remove your account and Profile Information from our records. In order to do so, please contact us at info@snagajob.com or info@snag.work with your username, password and email address. The removal process may take up to ten (10) days.
If you decide to close your account with us, we will remove your name and other Personal Information from our publicly viewable database. If you close your account, we have no obligation to retain your information, and may delete any or all of your account information without liability. However, we may retain certain data contributed by you if we believe it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as analysis of aggregated, non-personally identifiable data, account recovery, or if required by law. We may also retain and use your information if necessary to provide our Website services to other Members. We disclaim any liability in relation to the deletion or retention (subject to the terms herein) of information or any obligation not to delete the information. We do not control when search engines update their caches, which may contain certain public profile information that has since been removed from our publicly viewable database.
If we learn that a Member is deceased, we may close such Member's account. In those cases we may restrict profile access, remove messaging functionality, and close an account if we receive a formal request from the Member's next of kin or other proper legal request to do so.
Your obligations to us and to other Members
As a Member, you have certain obligations to other Members. Those obligations include the following:
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others.
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
Do Not Track Signals
Some Internet browsers may be configured to send 'Do Not Track' signals to the online services that you visit. We currently do not respond to "Do Not Track" or similar signals. To find out more about 'Do Not Track,' please visit http://www.allaboutdnt.com.
SMS/Text Program Terms and Conditions
How to contact us
Should you have other questions or concerns about this Privacy Policy, or any comments, concerns or general feedback, please do not hesitate to contact us by sending us an email from this page or http://snag.work/contact-us/, or at the following:
www.snagajob.com
1-866-227-0466
4851 Lake Brook Drive
Glen Allen, VA 23060
How we announce changes to our Privacy Policy
We may update this Privacy Policy at any time, with or without advance notice. If we change our Privacy Policy, we will post the changes to our Websites, and may alert you to such change via e-mail, as described above. Your use of the Websites constitutes acceptance of this Privacy Policy, and your continued usage of our Websites after such changes are posted constitutes acceptance of such revised Privacy Policy. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account that we have collected from you by means of our Websites.
Effective May 6, 2020 to May 6, 2020
DownloadSummary of changes
Table of Contents
- 	
- Data We Collect From Seekers 		We collect personal information in order to successfully provide Snagajob Services through the means discussed below. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information: 		
							
						 										Categories of information collected 					Purposes of use 					Sources of information 									 				Account registration information, e.g. name, DOB, password, email address, username, phone number, wireless device, security questions and answers, city, state, ZIP code, and U.S. work eligibility ("Yes" or "No") 											 					- 							
- Provide the Services 							
- Communicate with you 							
- Secure our Services and users 							
- Fraud prevention and legal purposes 						
						 				- 							
- You 						
					 				Contact information, e.g. name, email address, postal address, and phone number 											 					- 							
- Provide the Services 							
- Application information and employment onboarding 							
- Communicate with you 							
- Personalize your experience 							
- Secure our Services and users 							
- Fraud prevention and legal purposes 						
						 				- 							
- You 						
					 				Demographic and statistical information, e.g. gender, race, age, date of birth, health information, apparel size, marital status, military and veteran status, nationality, disability information, criminal history information, educational history, employment history, professional licenses and memberships, schedule and availability, access to transportation, and responses to tests and surveys. 											 					- 							
- Provide the Services 							
- Application information and employment onboarding 							
- Communicate with you 							
- Personalize your experience 							
- Secure our Services and users 							
- Fraud prevention and legal purposes 						
						 				- 							
- You 						
					 				Personal identifiers and employment eligibility information, e.g. photographs, driver's license number, operator's license number, motor vehicle license number, passport number, Social Security Number, other state or federal-issued identification numbers, and information you provide on tax and other other government forms. 											 					- 							
- Provide the Services 							
- Application information and employment onboarding 							
- Secure our Services and users 							
- Fraud prevention and legal purposes 						
						 				- 							
- You 							
- Employers 						
					 				Financial and transactional information, e.g. bank account number and paycard information. 											 					- 							
- Employment onboarding 							
- Fraud prevention and legal purposes 						
						 				- 							
- You 							
- Employers 						
					 				Customer service information, e.g. questions and other messages you address to us directly through online forms, by mail, over the phone, or by post; and summaries or voice recordings of your interactions with our customer support team. 											 					- 							
- Provide the Services 							
- Communicate with you 							
- Secure our Services and users 							
- Fraud prevention and legal purposes 						
						 				- 							
- You 						
					 				Communications with other users, e.g. your in-Serivces messages and information surrounding those messages such as the date/time of the communication. 											 					- 							
- Provide the Services 							
- Employment onboarding 							
- Secure our Services and users 							
- Fraud prevention and legal purposes 						
						 				- 							
- You 							
- The Employers you are communicating with 						
					 				Research, survey, or sweepstakes information, e.g. if you participate in an internal Snagajob survey or sweepstakes on our Services or areas we can improve, we collect information needed for you to participate (such as contact information) and to fulfill your prize. 											 					- 							
- Provide the Services 							
- Communicate with you 							
- Secure our Services and users 							
- Fraud prevention and legal purposes 						
						 				- 							
- You 							
- Survey partners 							
- Researchers and analysts 						
					 				Information about others, e.g. if you submit information about your references or former employers; or if you use a "tell-a-friend" tool (or similar feature) that allows you to send information to another person, we will collect, at a minimum, the recipient's contact information. In providing this information, you represent that you are authorized to provide it. 											 					- 							
- Provide the Services 							
- Employment onboarding 							
- Fraud prevention and legal purposes 						
						 				- 							
- You 							
- Other users (if you are the recipient of a communication 						
					 				Device information and identifiers, e.g. IP address; browser type and language; operating system; platform type; device type; software and hardware attributes; and unique device, advertising, and app identifiers. 											 					- 							
- Provide the Services 							
- Personalize your experience 							
- Secure our Services and users 							
- Fraud prevention and legal purposes 						
						 				- 							
- You 							
- Analytics providers 							
- Cookies and tracking technologies 						
					 				Connection and usage data, e.g. information about files you download, domain names, landing pages, browsing activity, dates and times of access, pages viewed, forms you complete or partially complete, search terms, uploads or downloads, whether you open an email and your interaction with email content, access times, error logs, and other similar information. 											 					- 							
- Provide the Services 							
- Personalize your experience 							
- Secure our Services and users 							
- Fraud prevention and legal purposes 						
						 				- 							
- You 							
- Analytics providers 							
- Cookies and tracking technologies 						
					 				Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network, information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). 											 					- 							
- Provide the Services 							
- Communicate with you 							
- Personalize your experience 							
- Secure our Services and users 							
- Fraud prevention and legal purposes 						
						 				- 							
- You 							
- Social media networks, in accordance with your privacy preferences and such services 						
					 				Geolocation, e.g. city, state, country, and ZIP code associated with your IP address. 											 					- 							
- Provide the Services 							
- Personalize your experience 							
- Secure our Services and users 							
- Fraud prevention and legal purposes 						
						 				- 							
- You 							
- Analytics providers 						
					 					Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. 											 					- 							
- All purposes listed above 						
						 				- 							
- You 						
	 - Data We Collect from and About Employers 		We also collect information from Employers to provide the Services. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information: 		
							
						 										Categories of information collected 					Purposes of use 					Sources of information 									 				Account registration information, e.g. name, phone number, email address, postal address, account username, password, security questions and answers. 											 					- 							
- Provide the Services 							
- Communicate with you 							
- Personalize your experience 							
- Secure our Services and users 							
- Fraud prevention and legal purposes 						
						 				- 							
- You 						
					 				Business or company information, e.g. business name, industry, FEIN, business phone number, location(s), links to external business websites, pictures, business logo. 											 					- 							
- Provide the Services 							
- Personalize your experience 							
- Secure our Services and users 							
- Fraud prevention and legal purposes 						
						 				- 							
- You 						
					 				Financial and transactional information, e.g. credit card information, billing address. 											 					- 							
- Provide the Services 							
- Fraud detection and prevention 							
- Secure our Services and users 							
- Fraud prevention and legal purposes 						
						 				- 							
- You 						
					 				Employment opportunity information, e.g. title, wage range, location(s), availability information, desired qualifications and skills, job description and expectations, job postings. 											 					- 							
- Provide the Services 							
- Personalize your experience 							
- Communicate with you 							
- Application information and Employment onboarding 						
						 				- 							
- You 						
					 				Social media information, e.g. if you access the Services through a third-party connection or log-in, we may have access to log-in information you provide to that social network and information you provide to us directly through our pages on social networking and blogging platforms (e.g. Facebook, Instagram, Snapchat, Wordpress, and Twitter). 											 					- 							
- Provide the Services 							
- Communicate with you 							
- Personalize your experience 							
- Secure our Services and users 							
- Fraud prevention and legal purposes 						
						 				- 							
- You 							
- Social media networks, in accordance with your privacy preferences and such services 						
					 				Geolocation, e.g. city, state, country, and ZIP code associated with your IP address or derived through Wi-Fi triangulation. 											 					- 							
- Provide the Services 							
- Personalize your experience 							
- Secure our Services and users 							
- Fraud prevention and legal purposes 						
						 				- 							
- You 							
- Analytics providers 						
					 					Other information, e.g. any other information you choose to directly provide to us in connection with your use of the Services. 											 					- 							
- All purposes listed above 						
						 				- 							
- You 						
	 - Additional Information 		The following information provides additional information about the purposes for collecting and using your information.	
- 	
- Creating a profile and saving selected job postings 	
- Displaying job opportunities and potential candidates 	
- Processing and fulfilling your requests and transactions, including registrations, subscriptions, purchases, and payments 	
- Assisting you in submitting, requesting, processing, or reviewing an application 	
- Engaging in analysis, research, measuring and reports to better understand how you use the Services, so we can improve them, develop them, and fix errors 	
- Administering internal Net Promotor Score surveys 	
- Sending communications that you have requested on your behalf 	
- Understanding and resolving app crashes and other issues being reported
- 	
- Applying for a job or shift 	
- Conducting background check and employment eligibility screenings 	
- Complying with applicable laws, including federal and state employment law 	
- Arranging for financial deposits and transactions and relevant trainings 	
- Facilitating logistics for employment, such as uniform sizing
- 	
- Responding to your requests for information and provide you with more effective and efficient customer service and technical support, including to investigate, respond to and resolve incidents and complaints 	
- Keeping you updated regarding job opportunities, interview requests, application reminders, and/or jobs you may be interested in 	
- Informing Employers about new applicants to posted jobs, account-specific information, and/or promotions regarding our Services 	
- Providing you with transactional updates and information about the Services (e.g., inform you about updates to our Services, information about your account, or information about ecommerce transactions that you conduct on the Services) 	
- In accordance with applicable legal requirements, contacting you by email, postal mail, phone, or SMS regarding our Services. If participating in the Snagajob Info Alerts SMS/MMS/Text Program or any other feature that involves SMS messages, you should review the Snagajob SMS/MMS Terms.
- 	
- Finding and recommending appropriate and eligible job opportunities and candidates 	
- Sending you personalized newsletters, surveys, and information about Snagajob products and services
- 	
- Monitoring, preventing, and detecting fraud, such as through verifying your identity 	
- Combatting spam or other malware or security risks 	
- Monitoring, enforcing, and improving the security of our Services
- 	
- Complying with any applicable procedures, laws, and regulations where it is necessary for our legitimate interests or the legitimate interests of others 	
- Establishing, exercising, or defending our legal rights where it is necessary for our legitimate interests or the legitimate interests of others (e.g., to enforce compliance with our Terms of Use, Privacy Policies, or to protect our Services, users, or others)
- 	
- “Cookies” are small data files stored on your computer or device to collect information about your use of the Services. Cookies may enable us to recognize you as the same user who used our Services in the past, and relate your use of the Services to other information we have about you. Cookies may also be used to enhance your experience on the Services (for example, by storing your username) and/or to collect general usage and aggregated statistical information. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, limit your use of our Services or features. Learn more about the use of cookies, including how to manage or delete them. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services. 	
- “Local shared objects,” or “flash cookies,” may be stored on your computer or device using a media player or other software. Local shared objects operate much like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing flash cookies, for example, click here. 	
- A “pixel tag” (also known as a “clear GIF” or “web beacon”) is a tiny image – typically just one-pixel – that can be placed on a web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our web pages.
- 	
- Seeker Data 		We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent. 		
							
						 										Third Parties with which we share information and why 					Categories of information shared 									 				Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. 											 				- 							
- All categories of information we collect may be shared with our service providers 						
					 				Employers, Services, and Vendors. We will share your information with Employers and services at your request. For example, if you apply for a job, we may share the information with the relevant Employer. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. 											 				- 							
- Contact and account registration information 							
- Demographic and statistical information 							
- Personal identifiers and employment eligibility information 							
- Employment opportunity information 							
- Financial and transactional information 							
- Communications with other users 							
- Information about others 							
- Other information 						
					 				Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. 											 				- 							
- All categories of information we collect may be shared for legal purposes 						
					 					Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. 											 				- 							
- All categories of information we collect may be shared in connection with a business transaction 						
	 - Employer Data 		We will share the information collected from and about you as discussed above for various business purposes. The chart below explains the categories of third parties with which we may share your information, and the categories of information we may share with each. Additionally, we may share all the categories of information with your consent. 		
							
						 										Third Parties with which we share information and why 					Categories of information shared 									 				Service Providers that Perform Services on our Behalf. Such service providers include billing and payment processing, sales, marketing, advertising, data analysis and insight, research, technical support and customer service, fulfillment, data storage, security, fraud prevention, risk audits, and legal services. 											 				- 							
- All categories of information we collect may be shared with our service providers 						
					 				Employers, Services, and Vendors. We will share your information with Employers and services at your request. For example, if you apply for a job, we may share the information with the relevant Employer. Moreover, we may share your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider. 											 				- 							
- Contact and account registration information 							
- Demographic and statistical information 							
- Personal identifiers and employment eligibility information 							
- Employment opportunity information 							
- Financial and transactional information 							
- Communications with other users 							
- Information about others 							
- Other information 						
					 				Third Parties for Legal Purposes. By using the Services, you acknowledge and agree that we may access, retain, and disclose the information we collect and maintain about you if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (a) comply with legal process or a regulatory investigation (e.g. subpoena or court order); (b) enforce our Terms of Service, the Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (c) respond to claims that any content violates the rights of third parties; and/or (d) protect the rights, property or personal safety of Snagajob, its agents and affiliates, its users and/or the public. This includes exchanging information with other companies and organizations for fraud protection, and spam/malware prevention, and similar purposes. 											 				- 							
- All categories of information we collect may be shared for legal purposes 						
					 					Third Parties in a Business Transaction. We may disclose information in connection with a corporate transaction, including for example a merger, investment, acquisition, reorganization, consolidation, bankruptcy, liquidation, or sale of some or all of our assets. 											 				- 							
- All categories of information we collect may be shared in connection with a business transaction 						
- 	
- Inform you about the categories of personal information we collect or disclose about you; the categories of sources of such information; the business or commercial purpose for collecting your personal information; and the categories of third parties with whom we share/disclose personal information. 	
- Provide access to and/or a copy of certain personal information we hold about you. 	
- Delete certain personal information we have about you. 	
- Provide you with information about the financial incentives that we offer to you, if any.
- 	
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties. 	
- You must keep your username and password confidential and not share it with others 	
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
- 	
- When you register an account to become a Snagajob member (examples: name, e-mail, employer, country, and a password). 	
- When you provide information to us about yourself. 	
- We use cookies and other technologies to recognize you, customize your experience, and serve advertisements. 	
- We automatically receive from your internet use information like your IP address, the URLs of sites from which you arrive or leave the Snagajob websites, your type of browser, your operating system, your mobile provider, your mobile device, and your ISP. 	
- We retain information you provide in connection with third party services available through Snagajob like surveys and polls or other third party research undertaken with your consent.
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- Enable you to share your information and communicate with other members, or provide your personal details to third parties offering combined services with Snagajob; 	
- Allow you to apply to jobs and shifts. 	
- Administer your account with us and customize the service we provide to you and other members; and to 	
- Send you service or promotional communications through email and notices on the Snagajob websites.
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- Review, enhance or edit your personal information through your personal profile page; 	
- Change your settings to control visibility and accessibility through our website; and 	
- Tell us to close your Snagajob account.
- 	
- Personal information you provide will be secured with industry standards and technology. Since the internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. 	
- Although we have made reasonable efforts to safeguard the confidentiality of your Personal Information, we cannot promise, and you should not expect, that your Personal Information will always stay private. 	
- You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications at all times.
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- Email address 	
- Password 	
- Name 	
- Address 	
- City 	
- State 	
- ZIP code 	
- Phone number 	
- Date of birth 	
- Gender 	
- Military service 	
- Citizenship 	
- Education 	
- Job preferences 	
- Work experience 	
- Social Security Number 	
- References
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- Registration information; 	
- Profile information; 	
- Information regarding your contacts with other Snagajob Members; 	
- Information regarding your usage of our Website; 	
- Information we glean from our cookies; 	
- Information we glean from our Web Beacons; and 	
- Your IP address, operating system or mobile platform, ISP or mobile provider, whichever is applicable.
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- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties. 	
- You must keep your username and password confidential and not share it with others. 	
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
Effective May 5, 2020 to May 6, 2020
DownloadTable of Contents

We also collect information from Employers to provide the Services. The information we collect and the purpose for which we use it will depend to some extent on the specific Services you use and how you interact with us. The following table describes the categories of information about you that we collect and how we use such information.

C. Additional Information
· Creating a profile and saving selected job postings
· Displaying job opportunities and potential candidates
· Processing and fulfilling your requests and transactions, including registrations, subscriptions, purchases, and payments
· Assisting you in submitting, requesting, processing, or reviewing an application
· Engaging in analysis, research, measuring and reports to better understand how you use the Services, so we can improve them, develop them, and fix errors
· Administering internal Net Promotor Score surveys
· Sending communications that you have requested on your behalf
· Understanding and resolving app crashes and other issues being reported
· Applying for a job or shift
· Conducting background check and employment eligibility screenings
· Complying with applicable laws, including federal and state employment law
· Arranging for financial deposits and transactions and relevant trainings
· Facilitating logistics for employment, such as uniform sizing
· Responding to your requests for information and provide you with more effective and efficient customer service and technical support, including to investigate, respond to and resolve incidents and complaints
· Keeping you updated regarding job opportunities, interview requests, application reminders, and/or jobs you may be interested in
· Informing Employers about new applicants to posted jobs, account-specific information, and/or promotions regarding our Services
· Providing you with transactional updates and information about the Services (e.g., inform you about updates to our Services, information about your account, or information about ecommerce transactions that you conduct on the Services)
· In accordance with applicable legal requirements, contacting you by email, postal mail, phone, or SMS regarding our Services. If participating in the Snagajob Info Alerts SMS/MMS/Text Program or any other feature that involves SMS messages, you should review the Snagajob SMS/MMS Terms.
· Finding and recommending appropriate and eligible job opportunities and candidates
· Sending you personalized newsletters, surveys, and information about Snagajob products and servicesSecure our Services and users, for example:
· Monitoring, preventing, and detecting fraud, such as through verifying your identity
· Combatting spam or other malware or security risks
· Monitoring, enforcing, and improving the security of our Services
· Complying with any applicable procedures, laws, and regulations where it is necessary for our legitimate interests or the legitimate interests of others
· Establishing, exercising, or defending our legal rights where it is necessary for our legitimate interests or the legitimate interests of others (e.g., to enforce compliance with our Terms of Use, Privacy Policies, or to protect our Services, users, or others)
Combined Information. For the purposes discussed in this Privacy Policy, we may combine the information that we collect through the Services with information that we receive from other sources, both online and offline, and use such combined information in accordance with this Privacy Policy.
2. Cookies and Online Analytics.
- “Cookies” are small data files stored on your computer or device to collect information about your use of the Services. Cookies may enable us to recognize you as the same user who used our Services in the past, and relate your use of the Services to other information we have about you. Cookies may also be used to enhance your experience on the Services (for example, by storing your username) and/or to collect general usage and aggregated statistical information. Most browsers can be set to detect cookies and give you an opportunity to reject them, but refusing cookies may, in some cases, limit your use of our Services or features. To learn more about the use of cookies, including how to manage or delete them, click here. Please note that by blocking, disabling, or managing any or all cookies, you may not have access to certain features or offerings of the Services.
- “Local shared objects,” or “flash cookies,” may be stored on your computer or device using a media player or other software. Local shared objects operate much like cookies, but cannot be managed in the same way. Depending on how local shared objects are enabled on your computer or device, you may be able to manage them using software settings. For information on managing flash cookies, for example, click here.
- A “pixel tag” (also known as a “clear GIF” or “web beacon”) is a tiny image – typically just one-pixel – that can be placed on a web page or in our electronic communications to you in order to help us measure the effectiveness of our content by, for example, counting the number of individuals who visit us online or verifying whether you’ve opened one of our emails or seen one of our web pages.
3. How We Share Data
A. Seeker Data

B. Employer Data

4. Aggregate/De-Identified Information
5. Your Choices and Rights
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of the sale of your covered information under Nevada law by emailing us at customersupport@snagajob.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request.
7. Retention of your Information
8. Your Obligations
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
10. Children’s Privacy
11. Changes to our Privacy Policy
- When you register an account to become a Snagajob member (examples: name, e-mail, employer, country, and a password).
- When you provide information to us about yourself.
- We use cookies and other technologies to recognize you, customize your experience, and serve advertisements.
- We automatically receive from your internet use information like your IP address, the URLs of sites from which you arrive or leave the Snagajob websites, your type of browser, your operating system, your mobile provider, your mobile device, and your ISP.
- We retain information you provide in connection with third party services available through Snagajob like surveys and polls or other third party research undertaken with your consent.
- Enable you to share your information and communicate with other members, or provide your personal details to third parties offering combined services with Snagajob;
- Allow you to apply to jobs and shifts.
- Administer your account with us and customize the service we provide to you and other members; and to
- Send you service or promotional communications through email and notices on the Snagajob websites.
- Review, enhance or edit your personal information through your personal profile page;
- Change your settings to control visibility and accessibility through our website; and
- Tell us to close your Snagajob account.
- Personal information you provide will be secured with industry standards and technology. Since the internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
- Although we have made reasonable efforts to safeguard the confidentiality of your Personal Information, we cannot promise, and you should not expect, that your Personal Information will always stay private.
- You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications at all times.
- Email address
- Password
- Name
- Address
- City
- State
- ZIP code
- Phone number
- Date of birth
- Gender
- Military service
- Citizenship
- Education
- Job preferences
- Work experience
- Social Security Number
- References
- Registration information;
- Profile information;
- Information regarding your contacts with other Snagajob Members;
- Information regarding your usage of our Website;
- Information we glean from our cookies;
- Information we glean from our Web Beacons; and
- Your IP address, operating system or mobile platform, ISP or mobile provider, whichever is applicable.
- You must, at all times, abide by the terms and conditions of the then-current Privacy Policy and Terms of Use. This includes respecting all intellectual property rights that may belong to third parties.
- You must keep your username and password confidential and not share it with others.
- Any violation of these guidelines may lead to the restriction, suspension or termination of your account at our sole discretion.
Shifts Terms of Use
Effective October 30, 2020
DownloadTable of Contents
Shifts Terms of Use
These Shifts Terms of Use (“Terms”) apply to and govern each Shifts by Snagajob Sales Order Agreement (“Sales Order”) entered into by and between Snag.Work LLC (“Snagajob”) and the Client indicated on the Agreement (“Client”). Collectively, these Terms and the Sales Order are referred to as the Agreement.
1. SERVICES
1.1 Shifts by Snagajob. Snagajob will provide scheduling of the Client’s Current Employees and an on demand Snagajob Crew, Alumni Crew or Shared Crew to fill shifts (collectively “Services”).
1.1.1 “Snagajob Crew” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts posted by the Client to the Snagajob application (the “App”) and in accordance with the Scheduling Code of Conduct, attached as Exhibit A.
1.1.2 “Alumni Crew” means workers who have worked for a Snagajob customer in the same brand as Client in the last 12 months and who are recommended by a customer and employed by Snagajob to fill shifts posted by the Client to the App and in accordance with the Scheduling Code of Conduct, attached as Exhibit A. Alumni Crew workers do not have a background check completed by Snagajob.
1.1.3 “Shared Crew” means workers who are current employees of a Snagajob customer in the same brand as and are employees of Snagajob and who are available to fill shifts posted by Client to the App and in accordance with the Scheduling Code of Conduct, attached as Exhibit A. Shared Crew workers do not have a background check completed by Snagajob.
1.1.4 “Current Employees” means workers employed by the Client for whom the Client uses the Snagajob App to fill shifts.
1.1.5 “Snagajob Worker” means a Snagajob Crew, Alumni Crew or Shared Crew worker provided by Snagajob pursuant to the Agreement.
1.1.6 “Workers” means Snagajob Workers and Current Employees collectively.
2. PAYMENT
2.1 Client agrees to pay for all of the Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Services will be billed to Client’s credit card weekly or paid by ACH transfer weekly. Subscription fees will be billed to Client’s credit card monthly.
2.3 If any payment is not paid when due hereunder, Client agrees to pay Snagajob interest on such overdue payment at the rate of 1-1/2% per month, or the highest rate permitted by applicable law, whichever is lower, and to reimburse Snagajob on demand for all costs of collection incurred by Snagajob, including, without limitation, its reasonable attorneys’ fees and costs.
3. ROLE OF WORKERS
3.1 Client is solely responsible for the direction and control of the Workers, including the sole and exclusive right to control working conditions and day-to-day job duties. Snagajob will have no responsibilities or liability with regard to the Client’s direction and control of the Workers. Client expressly absolves Snagajob of any responsibility for matters under Client’s direction and control.
3.2 Client will promptly send Snagajob copies of demands, notices, claims, summons and other legal filings brought by any Snagajob Worker which arises from or relates to any of the relationships contemplated herein. Client will cooperate with Snagajob in the investigation and remediation of complaints involving Snagajob Workers. Snagajob will not offer to settle or compromise any claim brought by a Snagajob Worker against Client except with Client’s advance written consent. In the event Client settles or compromises any claim brought by a Snagajob Worker, Client will include Snagajob as a released entity in any written settlement document.
4. INDEPENDENT CONTRACTOR RELATIONSHIP
4.1 The relationship between Snagajob and Client is that of independent contractors. Nothing herein is intended to or will be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose, or to impose upon the parties any of the duties or responsibilities of partners, joint venturers, or agents. Neither party has the authority to make any representation, contract or commitment on behalf of the other unless otherwise expressly authorized in a written document signed by both parties.
4.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Client during the term of the Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
5. TERM AND TERMINATION
5.1 The term will be as set out in the Sales Order.
5.2 In the event of a termination of the Sales Order, Client will pay all fees owed for Services performed or hiring fees incurred through the termination date of the Sales Order.
6. SNAGAJOB WORKERS
6.1 Snagajob will pay Snagajob Workers for all services they perform for Client pursuant to this Agreement. Client will pay Current Employees for all services they perform for Client. Client agrees and warrants that at no time will it or its managers cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock.” Client will timely and accurately provide the information necessary for Snagajob to process payroll for the Snagajob Workers, including but not limited to review and approval of Snagajob Worker timesheets, hours worked, rates of pay, and payments owed. In the event that a time record is determined to be inaccurate, regardless of the reason, Client will be responsible for any additional wages owed to Snagajob Worker and related costs or penalties, if any, and will promptly remit to Snagajob the funds necessary to correct any payroll deficiency. Snagajob will treat all Snagajob Workers as non-exempt. In order to ensure accurate calculation of fees and proper withholding and reporting of taxes, Client agrees not to pay any wages or salaries directly to any Snagajob Worker without informing Snagajob in writing of such payment and obtaining Snagajob’s written consent to do so. will. Client agrees to immediately forward to Snagajob any order or notice of garnishment, involuntary deduction, IRS lien or other legal process received by Client affecting wages paid to a Snagajob Worker and, if requested by Snagajob, to sign such documents as are necessary to authorize Snagajob to act on Client’s behalf in responding to such legal process. Client will be solely responsible for all noncompliance penalties and liabilities resulting from Client’s failure to timely forward such legal process to Snagajob or to sign required authorization documents.
6.2 It is the express intent of the parties that Snagajob Workers will be employees of Snagajob and not of Client. The parties agree that Snagajob Workers dictate their own availability, and the Snagajob Workers have full discretion as to whether to accept shifts offered by Client through Snagajob. It is expressly agreed that Snagajob retains control over hiring and compensating Snagajob Workers who perform services pursuant to this Agreement.
6.3 In the event that Client hires a Snagajob Crew worker for a full or part-time employment position with Client, Client agrees to notify Snagajob immediately and pay Snagajob a cost per hire amount as specified in the Agreement. Notwithstanding anything to the contrary in the Agreement if Client hires a Snagajob Crew worker for either a full time or part time position, Snagajob will be released of all legal and financial responsibilities with respect to that Snagajob Crew worker and its relationship with Client, effective the date the Snagajob Crew worker is hired by the Client.
6.4 Client acknowledges and agrees that it will not place any Snagajob at a location subject to a collective bargaining agreement.
6.5 Snagajob will not directly solicit Current Employees to become Snagajob Workers based on the information provided by Client but may hire such Current Employees if they apply to become Snagajob Crew workers.
7. CONFIDENTIALITY
7.2 “Confidential Information” as used in these Terms means information disclosed by either Snagajob or Client; (the “Disclosing Party”) to the other party (“Receiving Party”) that (1) if disclosed in tangible or electronic form bears a confidentiality legend, (2) if disclosed orally is identified as confidential at the time of disclosure or is information of a type or nature that a reasonable person would understand is confidential or proprietary. Confidential Information will include, without limitation, (a) concepts and ideas relating to the development and distribution of content in any medium or to the current, future and proposed products or services of the Disclosing Party or its subsidiaries or affiliates; (b) trade secrets (including but not limited to recipes and product formulations), drawings, inventions, know-how, software programs, and software source documents; (c) information regarding plans for research, development, new service offerings or products, marketing and selling, business plans, business forecasts, budgets and unpublished financial statements, licenses and distribution arrangements, prices and costs, suppliers and customers; (d) existence of any business discussions, negotiations or agreements between the parties; and (e) any information regarding the skills and compensation of employees, contractors or other agents of the disclosing party or its subsidiaries or affiliates.
7.3 Receiving Party agrees that all Confidential Information furnished to it by the Disclosing Party and its designated representatives, whether orally or by means of written material, and including Confidential Information furnished prior to the date of this Agreement, (a) will be deemed proprietary and will be held by the Receiving Party in strict confidence; (b) will not be disclosed or revealed or shared with any other person except for the Receiving Party’s professional advisors in connection with any defense of claim with respect to an alleged disclosure of any such Confidential Information or those individuals or entities specifically authorized by the Disclosing Party in advance; and (c) will not be used other than for purposes of, and in connection with, the performance of the Receiving Party’s obligations under this Agreement.
7.4 A Receiving Party’s obligations as set forth in this Section 7 will not apply with respect to any portion of the Confidential Information that: (a) was in the public domain at the time it was communicated to the Receiving Party; (b) entered the public domain through no fault of the Receiving Party, subsequent to the time it was communicated to Receiving Party by the Disclosing Party; (c) was in the Receiving Party’s possession free of any obligation of confidence at the time it was communicated to the Receiving Party by the Disclosing Party; (d) was rightfully communicated to the Receiving Party free of any obligation of confidence subsequent to the time it was communicated to the Receiving Party by the Disclosing Party; (e) was developed by employees or agents of the Disclosing Party independently of and without reference to any information communicated to the Receiving Party by the Disclosing Party; (f) was communicated by the Disclosing Party to an unaffiliated third party free of any obligation of confidence (g) was not labeled or identified as “Confidential” by the Disclosing Party prior to or at the time of disclosure to the Receiving Party, unless such information is of a type or nature that a reasonable person would understand is confidential.
7.5 All such material and any copies thereof will be promptly returned upon request of the Disclosing Party, or if agreed between Snagajob and Talent Pool Client, the Receiving Party may be permitted to Destroy such materials (and copies thereof). If Receiving Party Destroys such materials, the Receiving Party may retain one copy of the Confidential Information as necessary for compliance with laws and its data retention policies, provided that such copy will remain subject to the nondisclosure and confidentiality provisions of this Agreement. For information in electronic form or intangible media, “Destroy” as used in this Section means to delete or remove data from a file, file system or database software using the standard delete features of such software. The obligation to Destroy does not require the deletion or removal of data from backup or archival files that are only used for system recovery or data restoration purposes.
7.6 Each Party agrees that the obligations under this Section 7 are continuing and will survive the termination of this Agreement for a period of 2 years.
7.7 The Receiving Party acknowledges that any breach of the undertaking to maintain the confidentiality of the Disclosing Party’s Confidential Information will cause irreparable injury to the Disclosing Party and such Party will have the right to take such action it deems necessary to protect its rights hereunder, including without limitation, injunctive relief, without bond and without prejudice to any other rights and remedies as may be available to that party at law or equity for a breach or threatened breach of this or any other Section of this Agreement.
8. SAFETY AND COMPLIANCE WITH LAWS
8.2 Client will be solely responsible, at its own cost, to: (i) provide, in good condition, all tools, safety and work equipment, supplies, and specialized clothing that may be required for the performance of work by Snagajob Workers in the normal course of proving the Services (but not equipment required by Snagajob Worker due to his or her individual needs); (ii) provide Snagajob Workers with a work environment free from recognized hazards that are causing or likely to cause serious illness or injury in compliance with all applicable OSHA and other workplace safety requirements; (iii) provide Snagajob Workers with information and training with respect to any hazardous substances or conditions to which Snagajob Workers may be exposed at the worksite, as required by law; (iv) assign Snagajob Workers only to attended premises; (v) direct, control, supervise and safeguard its premises, processes and systems; and (vi) direct and supervise Snagajob Workers when handling cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments or other valuables. Client will not: (i) request or permit a Snagajob Worker to use any vehicle in connection with the provision of Services; or (ii) change the Services a Snagajob Worker is asked to perform or the risks associated with the Services without Snagajob’s prior written approval.
8.3 Snagajob and Client will comply with all applicable federal, state and local laws and regulations as such laws and regulations pertain to the Workers and this Agreement. Client will also comply with all applicable federal, state, and local laws and regulations as such laws and regulations pertain to Client’s business generally, including without limitation, any food safety and health regulations, as applicable. Client agrees to maintain at all times policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Snagajob Workers to complain about any such actual or perceived violations. Client will comply with all OSHA requirements and applicable laws concerning meal and rest breaks as they pertain to Snagajob Workers.
8.4 Client will comply with all laws governing Client’s business, including but not limited to required filings, licensing, government fees, taxes, fidelity bonding, insurance, facilities/building codes and regulations, and environmental compliance. If any Snagajob Worker is required to be licensed, registered, or certified under any federal, state, or municipal law or regulation, or to act under the supervision of such a licensed, registered or certified person or entity in performing the services, then any such Snagajob Worker will be deemed to be an employee of Client for such licensure purposes. Client will be solely responsible for verifying such licensure and/or providing the required supervision.
8.5 Snagajob will be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers, as well as for calculation of and payment of compensation to the Snagajob Workers.
9. INSURANCE/WAIVER
Snagajob will maintain workers’ compensation insurance for the benefit of the Snagajob Workers consistent with the applicable law in any state in which Snagajob Workers are performing Services for Client. Snagajob does not furnish insurance to the Client for employment practices liability. In the event of a claim against the Client alleging wrongful termination, harassment, discrimination, failure to accommodate, retaliation, or any other unlawful employment practice by a Snagajob Worker, Client will immediately notify Snagajob. Snagajob may assist Client in investigating and responding to such claim, and Client will hold Snagajob harmless against any and all potential liabilities, losses or damages (including penalties, costs, attorney fees and liability to third parties). Snagajob assumes no liability which may arise out of the Client’s independent management decisions, actions, or non-actions concerning Snagajob Workers. Snagajob does not furnish insurance to the Client and assumes no responsibility for liabilities, losses, or damages resulting from Snagajob Worker dishonesty. If any Snagajob Worker is required to deal with confidential information, cash, or high value items when performing duties for the Client, Client acknowledges sole responsibility to maintain adequate supervision, procedures, and controls for such activities and to obtain such bonding or fidelity insurance as Client deems necessary in connection with its responsibility for such activities.
10. INDEMNIFICATION
10.1 Each Party agrees to indemnify, defend, and hold harmless the other party, including its subsidiaries, affiliates, and related companies and its respective directors, officers, agents, and employees (the “Indemnified Parties”) from and against any and all liability, loss, damages, costs, attorneys’ fees, or other expenses of any kind, claimed by a third party unrelated to the party seeking indemnification for damages, injunction or other legal relief, to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or these Terms; or (ii) the indemnifying party’s breach of any applicable law.
10.2 Snagajob will indemnify, defend, and hold the Client Indemnified Parties harmless from and against any and all losses, liabilities, damages, claims, demands, suits, actions or judgments, and all costs and expenses, including attorneys’ fees, based upon, any workers’ compensation claim brought by a Snagajob Worker against Client arising out of the Services provided by a Snagajob Worker pursuant to this Agreement that are within the scope of Services that Snagajob has assigned the Worker to provide.
10.3 Client will indemnify, defend, and hold the Snagajob Indemnified Parties harmless from and against any and all losses, liabilities, damages, claims, demands, suits, actions or judgments, and all costs and expenses, including attorneys’ fees, based upon, any workers’ compensation claim brought by a Snagajob Worker against Snagajob that arises out of Client’s assignment of a Snagajob Worker to perform services outside of the scope of the Services that Snagajob has assigned the Snagajob Worker to provide or based upon the negligence of the Client and brough by a third party.
10.4 Each Party will inform the other within 15 days of the receipt of any claim, demand, or notice for which indemnification hereunder may be sought.
10.5 The indemnified party will have the right to control the defense of any claim for which it seeks indemnification, including the right to select counsel. The indemnified party will provide reasonable cooperation to the indemnifying party in investigating and defending against any claim for which indemnification is sought and will not settle any such claim without the indemnifying party’s consent, such consent not to be unreasonably withheld, conditioned or delayed.
11. Limitation of Liability.
SNAGAJOB AND ITS AFFILIATES WILL NOT BE LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) ANY PROPERTY DAMAGE OR LOSS, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE IN NO EVENT WILL THE LIABILITY OF SNAGAJOB OR THEIR AFFILIATES UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID OR DUE HEREUNDER IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
12. NOTICES
All notices or other communications required or permitted under this Agreement will be in writing and will be effective either when delivered personally to the Party for whom intended, or three days following the deposit of the same into the United States mail (certified mail, return receipt requested, or first class postage prepaid), addressed to such party at the address set forth in the Sales Order. A copy of any notice to Snagajob will be sent to legal@snagajob.com.
13. MISCELLANEOUS
13.1 In any litigation or arbitral proceeding arising from or related to this Agreement, the prevailing party will be entitled to payment of all costs and fees from the non-prevailing party, including, without limitation, its reasonable attorneys’ fees and court or arbitration costs.
13.2 The following sections will survive the termination or expiration of this Agreement: Sections 2, 3, 4, 6, 7, 8, 10, 11 and 13. Any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement will also survive any expiration or termination.
13.4 Any claim for damages or other legal remedy under this Agreement must be brought within three (3) years from the date of the event from which such claim arises.
13.5 Except with regard to payment obligations, in no event will either Party be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by any circumstances beyond such party’s reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest.
13.6 Neither Party may assign, or otherwise transfer, any of its obligations and rights under the terms of this Agreement except that Snagajob may assign its rights and obligations under this Agreement as follows: (i) to a purchaser of all or substantially all of Snagajob’s assets, (ii) to an entity that Snagajob owns or that is owned by Snagajob’s parent company, or (iii) with the advanced written consent of the other party.
13.7 This Agreement is governed by, and will be construed in accordance with, the laws of the Commonwealth of Virginia. The parties agree that the sole and exclusive venue for the resolution of any disputes hereunder will be the federal or state courts in Fairfax County, Virginia, and each party hereby consents to the jurisdiction of such courts.
13.8 The failure of either Party to exercise any of its rights or to enforce any of the provisions of this Agreement on any occasion will not be a waiver of such right or provision, nor will it prejudice the right of such Party to enforce such provision at any subsequent time.
13.9 In case any one or more of the provisions, subsections, or sentences contained in this Agreement will, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect the other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
13.10 This Agreement constitutes the final, complete, and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, relating to the subject matter herein.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
- A “Posted Shift” is defined as one where a Client, using the Snagajob web application, confirms a location, date, start and end time, and position for which Client needs Snagajob to find a qualified Snagajob Worker. A “Scheduled Shift Amount” is the amount of money due per the terms of the Posted Shift and Exhibit B.
- Snagajob will offer the Posted Shifts to the Snagajob Workers.
- If Snagajob has not confirmed a Snagajob Worker for Client’s Posted Shift, no payment will be due from Talent Pool Client for such Posted Shift and Snag will have no responsibility or liability to Client for such Posted Shift.
- If Snagajob has confirmed a Snagajob Worker for Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Talent Client may cancel the Posted Shift without penalty.
- If Snagajob has confirmed a Snagajob Worker for Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Client wishes to cancel the Posted Shift, Client will pay 50 percent of the Scheduled Shift Amount. If Client cancels the confirmed Posted Shift within 2 hours of shift start, Client will pay 100 percent of the Scheduled Shift Amount.
- In the event that a Snagajob Worker has begun working a Posted Shift and Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Client will pay 100 percent of the Scheduled Shift Amount.
- If Client wishes to extend a Posted Shift for a Snagajob Worker after the Snagajob Worker has begun working and the Snagajob Worker has agreed to the extension, Client will pay for the total amount worked by the Snagajob Worker instead of the Scheduled Shift Amount, as determined by the number of hours actually worked and the terms of Exhibit A. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
- Within 36 hours of receipt of notification to approve a Snagajob Worker’s hours, Client will review, revise as needed, and approve the Snagajob Worker’s hours. Client does not review and approve a Snagajob Worker’s hours within 36 hours, Snagajob will assume the Snagajob Worker’s reported hours reflect actual hours worked, will bill Client accordingly, and Client will accept the charges.
Effective August 5, 2020 to October 30, 2020
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Talent Pool Client Terms of Use
These Talent Pool Client Terms of Use (“Terms”) apply to and govern each Snagajob Sales Order Agreement (“Sales Order”) entered into by and between Snag.Work LLC (“Snagajob”) and the Client indicated on the Agreement (“Client”). Collectively, these Talent Pool Client Terms of Use and the Sales Order are referred to as the Agreement.
1. SERVICES
1.1 Talent Pools. Snagajob will provide scheduling of the Talent Pool Client’s Current Employees and an on demand Snagajob Crew, Alumni Crew or Shared Crew to fill shifts (collectively “Talent Pool Services”).
1.1.1 “Snagajob Crew” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts posted by the Talent Pools Client to the Snagajob application (the “App”) and in accordance with the Scheduling Code of Conduct, attached as Exhibit A.
1.1.2 “Alumni Crew” means workers who have worked for a Snagajob customer in the same brand as Talent Pool Client in the last 12 months and who are recommended by a customer and employed by Snagajob to fill shifts posted by the Talent Pool Client to the App and in accordance with the Scheduling Code of Conduct, attached as Exhibit A. Alumni Crew workers do not have a background check completed by Snagajob.
1.1.3 “Shared Crew” means workers who are current employees of a Snagajob customer in the same brand as Talent Pool Client and are employees of Snagajob and who are available to fill shifts posted by the Talent Pool Client to the App and in accordance with the Scheduling Code of Conduct, attached as Exhibit A. Shared Crew workers do not have a background check completed by Snagajob.
1.1.4 “Current Employees” means workers employed by the Talent Pool Client for whom the Talent Pool Client uses the Snagajob App to fill shifts.
1.1.5 “Snagajob Worker” means a Snagajob Crew, Alumni Crew or Shared Crew worker provided by Snagajob pursuant to the Agreement.
1.1.6 “Workers” means Snagajob Workers and Current Employees collectively.
2. PAYMENT
2.1 Talent Pool Client agrees to pay for all of the Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Talent Pool Services will be billed to Talent Pool Client’s credit card weekly or paid by ACH transfer weekly. Subscription fees will be billed to Talent Pool Client’s credit card monthly.
2.3 If any payment is not paid when due hereunder, Talent Pool Client agrees to pay Snagajob interest on such overdue payment at the rate of 1-1/2% per month, or the highest rate permitted by applicable law, whichever is lower, and to reimburse Snagajob on demand for all costs of collection incurred by Snagajob, including, without limitation, its reasonable attorneys’ fees and costs.
3. ROLE OF WORKERS
3.1 Talent Pool Client is solely responsible for the direction and control of the Workers, including the sole and exclusive right to control working conditions and day-to-day job duties. Snagajob will have no responsibilities or liability with regard to the Talent Pool Client’s direction and control of the Workers. Talent Pool Client expressly absolves Snagajob of any responsibility for matters under Talent Pool Client’s direction and control.
3.2 Talent Pool Client will promptly send Snagajob copies of demands, notices, claims, summons and other legal filings brought by any Snagajob Worker which arises from or relates to any of the relationships contemplated herein. Talent Pool Client will cooperate with Snagajob in the investigation and remediation of complaints involving Snagajob Workers. Snagajob will not offer to settle or compromise any claim brought by a Snagajob Worker against Talent Pool Client except with Talent Pool Client’s advance written consent. In the event Talent Pool Client settles or compromises any claim brought by a Snagajob Worker, Talent Pool Client will include Snagajob as a released entity in any written settlement document.
4. INDEPENDENT CONTRACTOR RELATIONSHIP
4.1 The relationship between Snagajob and Talent Pool Client is that of independent contractors. Nothing herein is intended to or will be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose, or to impose upon the parties any of the duties or responsibilities of partners, joint venturers, or agents. Neither party has the authority to make any representation, contract or commitment on behalf of the other unless otherwise expressly authorized in a written document signed by both parties.
4.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Talent Pool Client during the term of the Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
5. TERM AND TERMINATION
5.1 The term will be as set out in the Sales Order.
5.2 In the event of a termination of the Sales Order, Talent Pool Client will pay all fees owed for Talent Pool Client Services performed or hiring fees incurred through the termination date of the Sales Order.
6. SNAGAJOB WORKERS
6.1 Snagajob will pay Snagajob Workers for all services they perform for Talent Pool Client pursuant to this Agreement. Talent Pool Client will pay Current Employees for all services they perform for Talent Pool Client. Talent Pool Client agrees and warrants that at no time will it or its managers cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock.” Talent Pool Client will timely and accurately provide the information necessary for Snagajob to process payroll for the Snagajob Workers, including but not limited to review and approval of Snagajob Worker timesheets, hours worked, rates of pay, and payments owed. In the event that a time record is determined to be inaccurate, regardless of the reason, Talent Pool Client will be responsible for any additional wages owed to Snagajob Worker and related costs or penalties, if any, and will promptly remit to Snagajob the funds necessary to correct any payroll deficiency. Snagajob will treat all Snagajob Workers as non-exempt. In order to ensure accurate calculation of fees and proper withholding and reporting of taxes, Talent Pool Client agrees not to pay any wages or salaries directly to any Snagajob Worker without informing Snagajob in writing of such payment and obtaining Snagajob’s written consent to do so. will. Talent Pool Client agrees to immediately forward to Snagajob any order or notice of garnishment, involuntary deduction, IRS lien or other legal process received by Talent Pool Client affecting wages paid to a Snagajob Worker and, if requested by Snagajob, to sign such documents as are necessary to authorize Snagajob to act on Talent Pool Client’s behalf in responding to such legal process. Talent Pool Client will be solely responsible for all noncompliance penalties and liabilities resulting from Talent Pool Client’s failure to timely forward such legal process to Snagajob or to sign required authorization documents.
6.2 It is the express intent of the parties that Snagajob Workers will be employees of Snagajob and not of Talent Pool Client. The parties agree that Snagajob Workers dictate their own availability, and the Snagajob Workers have full discretion as to whether to accept shifts offered by Talent Pool Client through Snagajob. It is expressly agreed that Snagajob retains control over hiring and compensating Snagajob Workers who perform services pursuant to this Agreement.
6.3 In the event that Talent Pool Client hires a Snagajob Crew worker for a full or part-time employment position with Talent Pool Client, Talent Pool Client agrees to notify Snagajob immediately and pay Snagajob a cost per hire amount as specified in the Agreement. Notwithstanding anything to the contrary in the Agreement if Talent Pool Client hires a Snagajob Crew worker for either a full time or part time position, Snagajob will be released of all legal and financial responsibilities with respect to that Snagajob Crew worker and its relationship with Talent Pool Client, effective the date the Snagajob Crew worker is hired by the Talent Pool Client.
6.4 Talent Pool Client acknowledges and agrees that it will not place any Snagajob at a location subject to a collective bargaining agreement.
6.5 Snagajob will not directly solicit Current Employees to become Snagajob Workers based on the information provided by Talent Pools Client but may hire such Current Employees if they apply to become Snagajob Crew workers.
7. CONFIDENTIALITY
7.2 “Confidential Information” as used in these Talent Pool Client Terms of Use will mean information disclosed by either Snagajob or Talent Pool Client; (the “Disclosing Party”) to the other party (“Receiving Party”) that (1) if disclosed in tangible or electronic form bears a confidentiality legend, (2) if disclosed orally is identified as confidential at the time of disclosure or is information of a type or nature that a reasonable person would understand is confidential or proprietary. Confidential Information will include, without limitation, (a) concepts and ideas relating to the development and distribution of content in any medium or to the current, future and proposed products or services of the Disclosing Party or its subsidiaries or affiliates; (b) trade secrets (including but not limited to recipes and product formulations), drawings, inventions, know-how, software programs, and software source documents; (c) information regarding plans for research, development, new service offerings or products, marketing and selling, business plans, business forecasts, budgets and unpublished financial statements, licenses and distribution arrangements, prices and costs, suppliers and customers; (d) existence of any business discussions, negotiations or agreements between the parties; and (e) any information regarding the skills and compensation of employees, contractors or other agents of the disclosing party or its subsidiaries or affiliates.
7.3 Receiving Party agrees that all Confidential Information furnished to it by the Disclosing Party and its designated representatives, whether orally or by means of written material, and including Confidential Information furnished prior to the date of this Agreement, (a) will be deemed proprietary and will be held by the Receiving Party in strict confidence; (b) will not be disclosed or revealed or shared with any other person except for the Receiving Party’s professional advisors in connection with any defense of claim with respect to an alleged disclosure of any such Confidential Information or those individuals or entities specifically authorized by the Disclosing Party in advance; and (c) will not be used other than for purposes of, and in connection with, the performance of the Receiving Party’s obligations under this Agreement.
7.4 A Receiving Party’s obligations as set forth in this Section 7 will not apply with respect to any portion of the Confidential Information that: (a) was in the public domain at the time it was communicated to the Receiving Party; (b) entered the public domain through no fault of the Receiving Party, subsequent to the time it was communicated to Receiving Party by the Disclosing Party; (c) was in the Receiving Party’s possession free of any obligation of confidence at the time it was communicated to the Receiving Party by the Disclosing Party; (d) was rightfully communicated to the Receiving Party free of any obligation of confidence subsequent to the time it was communicated to the Receiving Party by the Disclosing Party; (e) was developed by employees or agents of the Disclosing Party independently of and without reference to any information communicated to the Receiving Party by the Disclosing Party; (f) was communicated by the Disclosing Party to an unaffiliated third party free of any obligation of confidence (g) was not labeled or identified as “Confidential” by the Disclosing Party prior to or at the time of disclosure to the Receiving Party, unless such information is of a type or nature that a reasonable person would understand is confidential.
7.5 All such material and any copies thereof will be promptly returned upon request of the Disclosing Party, or if agreed between Snagajob and Talent Pool Client, the Receiving Party may be permitted to Destroy such materials (and copies thereof). If Receiving Party Destroys such materials, the Receiving Party may retain one copy of the Confidential Information as necessary for compliance with laws and its data retention policies, provided that such copy will remain subject to the nondisclosure and confidentiality provisions of this Agreement. For information in electronic form or intangible media, “Destroy” as used in this Section means to delete or remove data from a file, file system or database software using the standard delete features of such software. The obligation to Destroy does not require the deletion or removal of data from backup or archival files that are only used for system recovery or data restoration purposes.
7.6 Each Party agrees that the obligations under this Section 7 are continuing and will survive the termination of this Agreement for a period of 2 years.
7.7 The Receiving Party acknowledges that any breach of the undertaking to maintain the confidentiality of the Disclosing Party’s Confidential Information will cause irreparable injury to the Disclosing Party and such Party will have the right to take such action it deems necessary to protect its rights hereunder, including without limitation, injunctive relief, without bond and without prejudice to any other rights and remedies as may be available to that party at law or equity for a breach or threatened breach of this or any other Section of this Agreement.
8. SAFETY AND COMPLIANCE WITH LAWS
8.2 Talent Pool Client will be solely responsible, at its own cost, to: (i) provide, in good condition, all tools, safety and work equipment, supplies, and specialized clothing that may be required for the performance of work by Snagajob Workers in the normal course of proving the Services (but not equipment required by Snagajob Worker due to his or her individual needs); (ii) provide Snagajob Workers with a work environment free from recognized hazards that are causing or likely to cause serious illness or injury in compliance with all applicable OSHA and other workplace safety requirements; (iii) provide Snagajob Workers with information and training with respect to any hazardous substances or conditions to which Snagajob Workers may be exposed at the worksite, as required by law; (iv) assign Snagajob Workers only to attended premises; (v) direct, control, supervise and safeguard its premises, processes and systems; and (vi) direct and supervise Snagajob Workers when handling cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments or other valuables. Talent Pool Client will not: (i) request or permit a Snagajob Worker to use any vehicle in connection with the provision of Services; or (ii) change the Services a Snagajob Worker is asked to perform or the risks associated with the Services without Snagajob’s prior written approval.
8.3 Snagajob and Talent Pool Client will comply with all applicable federal, state and local laws and regulations as such laws and regulations pertain to the Workers and this Agreement. Talent Pool Client will also comply with all applicable federal, state, and local laws and regulations as such laws and regulations pertain to Talent Pool Client’s business generally, including without limitation, any food safety and health regulations, as applicable. Talent Pool Client agrees to maintain at all times policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Snagajob Workers to complain about any such actual or perceived violations. Talent Pool Client will comply with all OSHA requirements and applicable laws concerning meal and rest breaks as they pertain to Snagajob Workers.
8.4 Talent Pool Client will comply with all laws governing the Talent Pool Client’s business, including but not limited to required filings, licensing, government fees, taxes, fidelity bonding, insurance, facilities/building codes and regulations, and environmental compliance. If any Snagajob Worker is required to be licensed, registered, or certified under any federal, state, or municipal law or regulation, or to act under the supervision of such a licensed, registered or certified person or entity in performing the services, then any such Snagajob Worker will be deemed to be an employee of Talent Pool Client for such licensure purposes. Talent Pool Client will be solely responsible for verifying such licensure and/or providing the required supervision.
8.5 Snagajob will be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers, as well as for calculation of and payment of compensation to the Snagajob Workers.
9. INSURANCE/WAIVER
Snagajob will maintain workers’ compensation insurance for the benefit of the Snagajob Workers consistent with the applicable law in any state in which Snagajob Workers are performing services for Talent Pool Client. Snagajob does not furnish insurance to the Talent Pool Client for employment practices liability. In the event of a claim against the Talent Pool Client alleging wrongful termination, harassment, discrimination, failure to accommodate, retaliation, or any other unlawful employment practice by a Snagajob Worker, Talent Pool Client will immediately notify Snagajob. Snagajob may assist Talent Pool Client in investigating and responding to such claim, and Talent Pool Client will hold Snagajob harmless against any and all potential liabilities, losses or damages (including penalties, costs, attorney fees and liability to third parties). Snagajob assumes no liability which may arise out of the Talent Pool Client’s independent management decisions, actions, or non-actions concerning Snagajob Worker. Snagajob does not furnish insurance to the Talent Pool Client and assumes no responsibility for liabilities, losses, or damages resulting from Snagajob Worker dishonesty. If any Snagajob Worker is required to deal with confidential information, cash, or high value items when performing duties for the Talent Pool Client, Talent Pool Client acknowledges sole responsibility to maintain adequate supervision, procedures, and controls for such activities and to obtain such bonding or fidelity insurance as Talent Pool Client deems necessary in connection with its responsibility for such activities.
10. INDEMNIFICATION
10.1 Each Party agrees to indemnify, defend, and hold harmless the other party, including its subsidiaries, affiliates, and related companies and its respective directors, officers, agents, and employees (the “Indemnified Parties”) from and against any and all liability, loss, damages, costs, attorneys’ fees, or other expenses of any kind, claimed by a third party unrelated to the party seeking indemnification for damages, injunction or other legal relief, to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or these Terms; or (ii) the indemnifying party’s breach of any applicable law.
10.2 Snagajob will indemnify, defend, and hold the Client Indemnified Parties harmless from and against any and all losses, liabilities, damages, claims, demands, suits, actions or judgments, and all costs and expenses, including attorneys’ fees, based upon, any workers’ compensation claim brought by a Snagajob Worker against Client arising out of the Services provided by a Snagajob Worker pursuant to this Agreement that are within the scope of Services that Snagajob has assigned the Worker to provide.
10.3 Client will indemnify, defend, and hold the Snagajob Indemnified Parties harmless from and against any and all losses, liabilities, damages, claims, demands, suits, actions or judgments, and all costs and expenses, including attorneys’ fees, based upon, any workers’ compensation claim brought by a Snagajob Worker against Snagajob that arises out of Client’s assignment of a Snagajob Worker to perform services outside of the scope of the Services that Snagajob has assigned the Snagajob Worker to provide or based upon the negligence of the Client and brough by a third party.
10.4 Each Party will inform the other within 15 days of the receipt of any claim, demand, or notice for which indemnification hereunder may be sought.
10.5 The indemnified party will have the right to control the defense of any claim for which it seeks indemnification, including the right to select counsel. The indemnified party will provide reasonable cooperation to the indemnifying party in investigating and defending against any claim for which indemnification is sought and will not settle any such claim without the indemnifying party’s consent, such consent not to be unreasonably withheld, conditioned or delayed.
11. Limitation of Liability.
SNAGAJOB AND ITS AFFILIATES WILL NOT BE LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) ANY PROPERTY DAMAGE OR LOSS, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE IN NO EVENT WILL THE LIABILITY OF SNAGAJOB OR THEIR AFFILIATES UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID OR DUE HEREUNDER IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
12. NOTICES
All notices or other communications required or permitted under this Agreement will be in writing and will be effective either when delivered personally to the Party for whom intended, or three days following the deposit of the same into the United States mail (certified mail, return receipt requested, or first class postage prepaid), addressed to such party at the address set forth in the Sales Order. A copy of any notice to Snagajob will be sent to legal@snagajob.com.
13. MISCELLANEOUS
13.2 In any litigation or arbitral proceeding arising from or related to this Agreement, the prevailing party will be entitled to payment of all costs and fees from the non-prevailing party, including, without limitation, its reasonable attorneys’ fees and court or arbitration costs.
13.3 The following Sections will survive the termination or expiration of this Agreement: Sections 2, 3, 4, 6, 7, 8, 10, 11 and 13. Any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement will also survive any expiration or termination.
13.4 Any claim for damages or other legal remedy under this Agreement must be brought within three (3) years from the date of the event from which such claim arises.
13.5 Except with regard to payment obligations, in no event will either Party be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by any circumstances beyond such party’s reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest.
13.6 Neither Party may assign, or otherwise transfer, any of its obligations and rights under the terms of this Agreement except that Snagajob may assign its rights and obligations under this Agreement as follows: (i) to a purchaser of all or substantially all of Snagajob’s assets, (ii) to an entity that Snagajob owns or that is owned by Snagajob’s parent company, or (iii) with the advanced written consent of the other party.
13.6 This Agreement is governed by, and will be construed in accordance with, the laws of the Commonwealth of Virginia. The parties agree that the sole and exclusive venue for the resolution of any disputes hereunder will be the federal or state courts in Fairfax County, Virginia, and each party hereby consents to the jurisdiction of such courts.
13.7 The failure of either Party to exercise any of its rights or to enforce any of the provisions of this Agreement on any occasion will not be a waiver of such right or provision, nor will it prejudice the right of such Party to enforce such provision at any subsequent time.
13.8 In case any one or more of the provisions, subsections, or sentences contained in this Agreement will, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect the other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
13.9 This Agreement constitutes the final, complete, and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, relating to the subject matter herein.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
- A “Posted Shift” is defined as one where a Talent Pool Client, using the Snagajob web application, confirms a location, date, start and end time, and position for which Talent Pool Client needs Snagajob to find a qualified Snagajob Worker. A “Scheduled Shift Amount” is the amount of money due per the terms of the Posted Shift and Exhibit B.
- Snagajob will offer the Posted Shifts to the Snagajob Workers.
- If Snagajob has not confirmed a Snagajob Worker for Talent Pool Client’s Posted Shift, no payment will be due from Talent Pool Client for such Posted Shift and Snag will have no responsibility or liability to Talent Pool Client for such Posted Shift.
- If Snagajob has confirmed a Snagajob Worker for Talent Pool Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Talent Pool Client may cancel the Posted Shift without penalty.
- If Snagajob has confirmed a Snagajob Worker for Talent Pool Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Talent Pool Client wishes to cancel the Posted Shift, Talent Pool Client will pay 50 percent of the Scheduled Shift Amount. If Talent Pool Client cancels the confirmed Posted Shift within 2 hours of shift start, Talent Pool Client will pay 100 percent of the Scheduled Shift Amount.
- In the event that a Snagajob Worker has begun working a Posted Shift and Talent Pool Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Talent Pool Client will pay 100 percent of the Scheduled Shift Amount.
- If Talent Pool Client wishes to extend a Posted Shift for a Snagajob Worker after the Snagajob Worker has begun working and the Snagajob Worker has agreed to the extension, Talent Pool Client will pay for the total amount worked by the Snagajob Worker instead of the Scheduled Shift Amount, as determined by the number of hours actually worked and the terms of Exhibit A. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
- Within 36 hours of receipt of notification to approve a Snagajob Worker’s hours, Talent Pool Client will review, revise as needed, and approve the Snagajob Worker’s hours. If Talent Pool Client does not review and approve a Snagajob Worker’s hours within 36 hours, Snagajob will assume the Snagajob Worker’s reported hours reflect actual hours worked, will bill Talent Pool Client accordingly, and Talent Pool Client will accept the charges.
Effective June 24, 2020 to August 5, 2020
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Talent Pool Client Terms of Use
These Talent Pool Client Terms of Use (“Terms”) apply to and govern each Snagajob Sales Order Agreement (“Sales Order”) entered into by and between Snag.Work LLC (“Snagajob”) and the Client indicated on the Agreement (“Client”). Collectively, these Talent Pool Client Terms of Use and the Sales Order are referred to as the Agreement.
1. SERVICES
1.1 Talent Pools. Snagajob will provide scheduling of the Talent Pool Client’s Current Employees and an on demand Snagajob Crew, Alumni Crew or Shared Crew to fill shifts (collectively “Talent Pool Services”).
1.1.1 “Snagajob Crew” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts posted by the Talent Pools Client to the Snagajob application (the “App”) and in accordance with the Scheduling Code of Conduct, attached as Exhibit A.
1.1.2 “Alumni Crew” means workers who have worked for a Snagajob customer in the same brand as Talent Pool Client in the last 12 months and who are recommended by a customer and employed by Snagajob to fill shifts posted by the Talent Pool Client to the App and in accordance with the Scheduling Code of Conduct, attached as Exhibit A. Alumni Crew workers do not have a background check completed by Snagajob.
1.1.3 “Shared Crew” means workers who are current employees of a Snagajob customer in the same brand as Talent Pool Client and are employees of Snagajob and who are available to fill shifts posted by the Talent Pool Client to the App and in accordance with the Scheduling Code of Conduct, attached as Exhibit A. Shared Crew workers do not have a background check completed by Snagajob.
1.1.4 “Current Employees” means workers employed by the Talent Pool Client for whom the Talent Pool Client uses the Snagajob App to fill shifts.
1.1.5 “Snagajob Worker” means a Snagajob Crew, Alumni Crew or Shared Crew worker provided by Snagajob pursuant to the Agreement.
1.1.6 “Workers” means Snagajob Workers and Current Employees collectively.
2. PAYMENT
2.1 Talent Pool Client agrees to pay for all of the Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Talent Pool Services will be billed to Talent Pool Client’s credit card weekly or paid by ACH transfer weekly. Subscription fees will be billed to Talent Pool Client’s credit card monthly.
2.3 If any payment is not paid when due hereunder, Talent Pool Client agrees to pay Snagajob interest on such overdue payment at the rate of 1-1/2% per month, or the highest rate permitted by applicable law, whichever is lower, and to reimburse Snagajob on demand for all costs of collection incurred by Snagajob, including, without limitation, its reasonable attorneys’ fees and costs.
3. ROLE OF WORKERS
3.1 Talent Pool Client is solely responsible for the direction and control of the Workers, including the sole and exclusive right to control working conditions and day-to-day job duties. Snagajob will have no responsibilities or liability with regard to the Talent Pool Client’s direction and control of the Workers. Talent Pool Client expressly absolves Snagajob of any responsibility for matters under Talent Pool Client’s direction and control.
3.2 Talent Pool Client will promptly send Snagajob copies of demands, notices, claims, summons and other legal filings brought by any Snagajob Worker which arises from or relates to any of the relationships contemplated herein. Talent Pool Client will cooperate with Snagajob in the investigation and remediation of complaints involving Snagajob Workers. Snagajob will not offer to settle or compromise any claim brought by a Snagajob Worker against Talent Pool Client except with Talent Pool Client’s advance written consent. In the event Talent Pool Client settles or compromises any claim brought by a Snagajob Worker, Talent Pool Client will include Snagajob as a released entity in any written settlement document.
4. INDEPENDENT CONTRACTOR RELATIONSHIP
4.1 The relationship between Snagajob and Talent Pool Client is that of independent contractors. Nothing herein is intended to or will be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose, or to impose upon the parties any of the duties or responsibilities of partners, joint venturers, or agents. Neither party has the authority to make any representation, contract or commitment on behalf of the other unless otherwise expressly authorized in a written document signed by both parties.
4.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Talent Pool Client during the term of the Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
5. TERM AND TERMINATION
5.1 The term will be as set out in the Sales Order.
5.2 In the event of a termination of the Sales Order, Talent Pool Client will pay all fees owed for Talent Pool Client Services performed or hiring fees incurred through the termination date of the Sales Order.
6. SNAGAJOB WORKERS
6.1 Snagajob will pay Snagajob Workers for all services they perform for Talent Pool Client pursuant to this Agreement. Talent Pool Client will pay Current Employees for all services they perform for Talent Pool Client. Talent Pool Client agrees and warrants that at no time will it or its managers cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock.” Talent Pool Client will timely and accurately provide the information necessary for Snagajob to process payroll for the Snagajob Workers, including but not limited to review and approval of Snagajob Worker timesheets, hours worked, rates of pay, and payments owed. In the event that a time record is determined to be inaccurate, regardless of the reason, Talent Pool Client will be responsible for any additional wages owed to Snagajob Worker and related costs or penalties, if any, and will promptly remit to Snagajob the funds necessary to correct any payroll deficiency. Snagajob will treat all Snagajob Workers as non-exempt. In order to ensure accurate calculation of fees and proper withholding and reporting of taxes, Talent Pool Client agrees not to pay any wages or salaries directly to any Snagajob Worker without informing Snagajob in writing of such payment and obtaining Snagajob’s written consent to do so. will. Talent Pool Client agrees to immediately forward to Snagajob any order or notice of garnishment, involuntary deduction, IRS lien or other legal process received by Talent Pool Client affecting wages paid to a Snagajob Worker and, if requested by Snagajob, to sign such documents as are necessary to authorize Snagajob to act on Talent Pool Client’s behalf in responding to such legal process. Talent Pool Client will be solely responsible for all noncompliance penalties and liabilities resulting from Talent Pool Client’s failure to timely forward such legal process to Snagajob or to sign required authorization documents.
6.2 It is the express intent of the parties that Snagajob Workers will be employees of Snagajob and not of Talent Pool Client. The parties agree that Snagajob Workers dictate their own availability, and the Snagajob Workers have full discretion as to whether to accept shifts offered by Talent Pool Client through Snagajob. It is expressly agreed that Snagajob retains control over hiring and compensating Snagajob Workers who perform services pursuant to this Agreement.
6.3 In the event that Talent Pool Client hires a Snagajob Crew worker for a full or part-time employment position with Talent Pool Client, Talent Pool Client agrees to notify Snagajob immediately and pay Snagajob a cost per hire amount as specified in the Agreement. Notwithstanding anything to the contrary in the Agreement if Talent Pool Client hires a Snagajob Crew worker for either a full time or part time position, Snagajob will be released of all legal and financial responsibilities with respect to that Snagajob Crew worker and its relationship with Talent Pool Client, effective the date the Snagajob Crew worker is hired by the Talent Pool Client.
6.4 Talent Pool Client acknowledges and agrees that it will not place any Snagajob at a location subject to a collective bargaining agreement.
6.5 Snagajob will not directly solicit Current Employees to become Snagajob Workers based on the information provided by Talent Pools Client but may hire such Current Employees if they apply to become Snagajob Crew workers.
7. CONFIDENTIALITY
7.2 “Confidential Information” as used in these Talent Pool Client Terms of Use will mean information disclosed by either Snagajob or Talent Pool Client; (the “Disclosing Party”) to the other party (“Receiving Party”) that (1) if disclosed in tangible or electronic form bears a confidentiality legend, (2) if disclosed orally is identified as confidential at the time of disclosure or is information of a type or nature that a reasonable person would understand is confidential or proprietary. Confidential Information will include, without limitation, (a) concepts and ideas relating to the development and distribution of content in any medium or to the current, future and proposed products or services of the Disclosing Party or its subsidiaries or affiliates; (b) trade secrets (including but not limited to recipes and product formulations), drawings, inventions, know-how, software programs, and software source documents; (c) information regarding plans for research, development, new service offerings or products, marketing and selling, business plans, business forecasts, budgets and unpublished financial statements, licenses and distribution arrangements, prices and costs, suppliers and customers; (d) existence of any business discussions, negotiations or agreements between the parties; and (e) any information regarding the skills and compensation of employees, contractors or other agents of the disclosing party or its subsidiaries or affiliates.
7.3 Receiving Party agrees that all Confidential Information furnished to it by the Disclosing Party and its designated representatives, whether orally or by means of written material, and including Confidential Information furnished prior to the date of this Agreement, (a) will be deemed proprietary and will be held by the Receiving Party in strict confidence; (b) will not be disclosed or revealed or shared with any other person except for the Receiving Party’s professional advisors in connection with any defense of claim with respect to an alleged disclosure of any such Confidential Information or those individuals or entities specifically authorized by the Disclosing Party in advance; and (c) will not be used other than for purposes of, and in connection with, the performance of the Receiving Party’s obligations under this Agreement.
7.4 A Receiving Party’s obligations as set forth in this Section 7 will not apply with respect to any portion of the Confidential Information that: (a) was in the public domain at the time it was communicated to the Receiving Party; (b) entered the public domain through no fault of the Receiving Party, subsequent to the time it was communicated to Receiving Party by the Disclosing Party; (c) was in the Receiving Party’s possession free of any obligation of confidence at the time it was communicated to the Receiving Party by the Disclosing Party; (d) was rightfully communicated to the Receiving Party free of any obligation of confidence subsequent to the time it was communicated to the Receiving Party by the Disclosing Party; (e) was developed by employees or agents of the Disclosing Party independently of and without reference to any information communicated to the Receiving Party by the Disclosing Party; (f) was communicated by the Disclosing Party to an unaffiliated third party free of any obligation of confidence (g) was not labeled or identified as “Confidential” by the Disclosing Party prior to or at the time of disclosure to the Receiving Party, unless such information is of a type or nature that a reasonable person would understand is confidential.
7.5 All such material and any copies thereof will be promptly returned upon request of the Disclosing Party, or if agreed between Snagajob and Talent Pool Client, the Receiving Party may be permitted to Destroy such materials (and copies thereof). If Receiving Party Destroys such materials, the Receiving Party may retain one copy of the Confidential Information as necessary for compliance with laws and its data retention policies, provided that such copy will remain subject to the nondisclosure and confidentiality provisions of this Agreement. For information in electronic form or intangible media, “Destroy” as used in this Section means to delete or remove data from a file, file system or database software using the standard delete features of such software. The obligation to Destroy does not require the deletion or removal of data from backup or archival files that are only used for system recovery or data restoration purposes.
7.6 Each Party agrees that the obligations under this Section 7 are continuing and will survive the termination of this Agreement for a period of 2 years.
7.7 The Receiving Party acknowledges that any breach of the undertaking to maintain the confidentiality of the Disclosing Party’s Confidential Information will cause irreparable injury to the Disclosing Party and such Party will have the right to take such action it deems necessary to protect its rights hereunder, including without limitation, injunctive relief, without bond and without prejudice to any other rights and remedies as may be available to that party at law or equity for a breach or threatened breach of this or any other Section of this Agreement.
8. SAFETY AND COMPLIANCE WITH LAWS
8.2 Talent Pool Client will be solely responsible, at its own cost, to: (i) provide, in good condition, all tools, safety and work equipment, supplies, and specialized clothing that may be required for the performance of work by Snagajob Workers in the normal course of proving the Services (but not equipment required by Snagajob Worker due to his or her individual needs); (ii) provide Snagajob Workers with a work environment free from recognized hazards that are causing or likely to cause serious illness or injury in compliance with all applicable OSHA and other workplace safety requirements; (iii) provide Snagajob Workers with information and training with respect to any hazardous substances or conditions to which Snagajob Workers may be exposed at the worksite, as required by law; (iv) assign Snagajob Workers only to attended premises; (v) direct, control, supervise and safeguard its premises, processes and systems; and (vi) direct and supervise Snagajob Workers when handling cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments or other valuables. Talent Pool Client will not: (i) request or permit a Snagajob Worker to use any vehicle in connection with the provision of Services; or (ii) change the Services a Snagajob Worker is asked to perform or the risks associated with the Services without Snagajob’s prior written approval.
8.3 Snagajob and Talent Pool Client will comply with all applicable federal, state and local laws and regulations as such laws and regulations pertain to the Workers and this Agreement. Talent Pool Client will also comply with all applicable federal, state, and local laws and regulations as such laws and regulations pertain to Talent Pool Client’s business generally, including without limitation, any food safety and health regulations, as applicable. Talent Pool Client agrees to maintain at all times policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Snagajob Workers to complain about any such actual or perceived violations. Talent Pool Client will comply with all OSHA requirements and applicable laws concerning meal and rest breaks as they pertain to Snagajob Workers.
8.4 Talent Pool Client will comply with all laws governing the Talent Pool Client’s business, including but not limited to required filings, licensing, government fees, taxes, fidelity bonding, insurance, facilities/building codes and regulations, and environmental compliance. If any Snagajob Worker is required to be licensed, registered, or certified under any federal, state, or municipal law or regulation, or to act under the supervision of such a licensed, registered or certified person or entity in performing the services, then any such Snagajob Worker will be deemed to be an employee of Talent Pool Client for such licensure purposes. Talent Pool Client will be solely responsible for verifying such licensure and/or providing the required supervision.
8.5 Snagajob will be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers, as well as for calculation of and payment of compensation to the Snagajob Workers.
9. INSURANCE/WAIVER
Snagajob will maintain workers’ compensation insurance for the benefit of the Snagajob Workers consistent with the applicable law in any state in which Snagajob Workers are performing services for Talent Pool Client. Snagajob does not furnish insurance to the Talent Pool Client for employment practices liability. In the event of a claim against the Talent Pool Client alleging wrongful termination, harassment, discrimination, failure to accommodate, retaliation, or any other unlawful employment practice by a Snagajob Worker, Talent Pool Client will immediately notify Snagajob. Snagajob may assist Talent Pool Client in investigating and responding to such claim, and Talent Pool Client will hold Snagajob harmless against any and all potential liabilities, losses or damages (including penalties, costs, attorney fees and liability to third parties). Snagajob assumes no liability which may arise out of the Talent Pool Client’s independent management decisions, actions, or non-actions concerning Snagajob Worker. Snagajob does not furnish insurance to the Talent Pool Client and assumes no responsibility for liabilities, losses, or damages resulting from Snagajob Worker dishonesty. If any Snagajob Worker is required to deal with confidential information, cash, or high value items when performing duties for the Talent Pool Client, Talent Pool Client acknowledges sole responsibility to maintain adequate supervision, procedures, and controls for such activities and to obtain such bonding or fidelity insurance as Talent Pool Client deems necessary in connection with its responsibility for such activities.
10. INDEMNIFICATION
10.1 Each Party agrees to indemnify, defend, and hold harmless the other party, including its subsidiaries, affiliates, and related companies and its respective directors, officers, agents, and employees (the “Indemnified Parties”) from and against any and all liability, loss, damages, costs, attorneys’ fees, or other expenses of any kind, claimed by a third party unrelated to the party seeking indemnification for damages, injunction or other legal relief, to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or these Terms; or (ii) the indemnifying party’s breach of any applicable law.
10.2 Snagajob will indemnify, defend, and hold the Client Indemnified Parties harmless from and against any and all losses, liabilities, damages, claims, demands, suits, actions or judgments, and all costs and expenses, including attorneys’ fees, based upon, any workers’ compensation claim brought by a Snagajob Worker against Client arising out of the Services provided by a Snagajob Worker pursuant to this Agreement that are within the scope of Services that Snagajob has assigned the Worker to provide.
10.3 Client will indemnify, defend, and hold the Snagajob Indemnified Parties harmless from and against any and all losses, liabilities, damages, claims, demands, suits, actions or judgments, and all costs and expenses, including attorneys’ fees, based upon, any workers’ compensation claim brought by a Snagajob Worker against Snagajob that arises out of Client’s assignment of a Snagajob Worker to perform services outside of the scope of the Services that Snagajob has assigned the Snagajob Worker to provide or based upon the negligence of the Client and brough by a third party.
10.4 Each Party will inform the other within 15 days of the receipt of any claim, demand, or notice for which indemnification hereunder may be sought.
10.5 The indemnified party will have the right to control the defense of any claim for which it seeks indemnification, including the right to select counsel. The indemnified party will provide reasonable cooperation to the indemnifying party in investigating and defending against any claim for which indemnification is sought and will not settle any such claim without the indemnifying party’s consent, such consent not to be unreasonably withheld, conditioned or delayed.
11. Limitation of Liability.
SNAGAJOB AND ITS AFFILIATES WILL NOT BE LIABLE UNDER OR RELATED TO THIS AGREEMENT FOR ANY OF THE FOLLOWING, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES: (i) ANY INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (ii) ANY PROPERTY DAMAGE OR LOSS, OR LOSS OR INACCURACY OF DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE IN NO EVENT WILL THE LIABILITY OF SNAGAJOB OR THEIR AFFILIATES UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID OR DUE HEREUNDER IN THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
12. NOTICES
All notices or other communications required or permitted under this Agreement will be in writing and will be effective either when delivered personally to the Party for whom intended, or three days following the deposit of the same into the United States mail (certified mail, return receipt requested, or first class postage prepaid), addressed to such party at the address set forth in the Sales Order. A copy of any notice to Snagajob will be sent to legal@snagajob.com.
13. MISCELLANEOUS
13.2 In any litigation or arbitral proceeding arising from or related to this Agreement, the prevailing party will be entitled to payment of all costs and fees from the non-prevailing party, including, without limitation, its reasonable attorneys’ fees and court or arbitration costs.
13.3 The following Sections will survive the termination or expiration of this Agreement: Sections 2, 3, 4, 6, 7, 8, 10, 11 and 13. Any other right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement will also survive any expiration or termination.
13.4 Any claim for damages or other legal remedy under this Agreement must be brought within three (3) years from the date of the event from which such claim arises.
13.5 Except with regard to payment obligations, in no event will either Party be liable or responsible to the other Party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by any circumstances beyond such party’s reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest.
13.6 Neither Party may assign, or otherwise transfer, any of its obligations and rights under the terms of this Agreement except that Snagajob may assign its rights and obligations under this Agreement as follows: (i) to a purchaser of all or substantially all of Snagajob’s assets, (ii) to an entity that Snagajob owns or that is owned by Snagajob’s parent company, or (iii) with the advanced written consent of the other party.
13.6 This Agreement is governed by, and will be construed in accordance with, the laws of the Commonwealth of Virginia. The parties agree that the sole and exclusive venue for the resolution of any disputes hereunder will be the federal or state courts in Fairfax County, Virginia, and each party hereby consents to the jurisdiction of such courts.
13.7 The failure of either Party to exercise any of its rights or to enforce any of the provisions of this Agreement on any occasion will not be a waiver of such right or provision, nor will it prejudice the right of such Party to enforce such provision at any subsequent time.
13.8 In case any one or more of the provisions, subsections, or sentences contained in this Agreement will, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect the other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
13.9 This Agreement constitutes the final, complete, and exclusive agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, relating to the subject matter herein.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
- A “Posted Shift” is defined as one where a Talent Pool Client, using the Snagajob web application, confirms a location, date, start and end time, and position for which Talent Pool Client needs Snagajob to find a qualified Snagajob Worker. A “Scheduled Shift Amount” is the amount of money due per the terms of the Posted Shift and Exhibit B.
- Snagajob will offer the Posted Shifts to the Snagajob Workers.
- If Snagajob has not confirmed a Snagajob Worker for Talent Pool Client’s Posted Shift, no payment will be due from Talent Pool Client for such Posted Shift and Snag will have no responsibility or liability to Talent Pool Client for such Posted Shift.
- If Snagajob has confirmed a Snagajob Worker for Talent Pool Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Talent Pool Client may cancel the Posted Shift without penalty.
- If Snagajob has confirmed a Snagajob Worker for Talent Pool Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Talent Pool Client wishes to cancel the Posted Shift, Talent Pool Client will pay 50 percent of the Scheduled Shift Amount. If Talent Pool Client cancels the confirmed Posted Shift within 2 hours of shift start, Talent Pool Client will pay 100 percent of the Scheduled Shift Amount.
- In the event that a Snagajob Worker has begun working a Posted Shift and Talent Pool Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Talent Pool Client will pay 100 percent of the Scheduled Shift Amount.
- If Talent Pool Client wishes to extend a Posted Shift for a Snagajob Worker after the Snagajob Worker has begun working and the Snagajob Worker has agreed to the extension, Talent Pool Client will pay for the total amount worked by the Snagajob Worker instead of the Scheduled Shift Amount, as determined by the number of hours actually worked and the terms of Exhibit A. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
- Within 36 hours of receipt of notification to approve a Snagajob Worker’s hours, Talent Pool Client will review, revise as needed, and approve the Snagajob Worker’s hours. If Talent Pool Client does not review and approve a Snagajob Worker’s hours within 36 hours, Snagajob will assume the Snagajob Worker’s reported hours reflect actual hours worked, will bill Talent Pool Client accordingly, and Talent Pool Client will accept the charges.
Effective May 6, 2020 to June 24, 2020
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Snag Work Terms of Service
These Snag Work Terms of Service (“Terms”) apply to and govern each Snag Work Sales Order Agreement (“Agreement”) entered into by and between Snag Work LLC (“Snag Work”) and the Client indicated on the Snag Work Sales Order Agreement (“Client”).
1. Services and Payment
1.1 Client may procure from Snag Work on an as needed and as available basis the following services with respect to temporary workers (“Workers” or “Contractors”): recruitment, onboarding, orientation and staffing (the “Services”) at the locations agreed upon by Client and Snag Work. Services will be provided in accordance with Exhibit A (“Scheduling Code of Conduct”) and the parties agree to comply with the Scheduling Code of Conduct.
1.2 Client agrees to pay for all of the Services at the prices and rates specified in the Agreement without offset or deduction. All such payments will be billed to Client’s credit card weekly or paid by ACH transfer weekly. If any such payment is not paid when due hereunder, Client agrees to pay Snag Work interest on such overdue payment at the rate of 1 1/2% per month, or the highest rate permitted by applicable law, whichever is lower, and to reimburse Client on demand for all costs of collection incurred by Snag Work, including, without limitation, its reasonable attorneys’ fees and costs.
2. Independent Contractor Relationship
2.1 The relationship between Snag Work and Client is that of independent contractors. Nothing herein is intended to or will be deemed or construed to create a joint venture, partnership or agency relationship between the parties for any purpose, or to impose upon the parties any of the duties or responsibilities of partners, joint venturers, agents or joint employers. Neither party has the authority to make any representation, contract or commitment on behalf of the other unless otherwise expressly authorized in a written document signed by both parties.
2.2 Nothing in the Agreement or these Terms will prohibit Snag Work from performing similar services for entities other than Client during the term of this Agreement, so long as Snag Work’s actions do not otherwise violate the terms of this Agreement.
3. Term and Termination
3.1 The term will be as set out in the Agreement.
3.2 In the event of a termination of the Agreement, Client will pay all fees owed for Services performed or hiring fees incurred through the termination date of the Agreement.
4. Workers
4.1 Snag Work will pay Workers for all Services they perform for Client pursuant to this Agreement. Client agrees and warrants that at no time will it or its managers cause a Worker to work time that is not recorded to Snag Work or is otherwise “off the clock.”
4.2 It is the express intent of the parties that Workers will be employees of Snag Work and not of Client. The parties agree that Workers dictate their own availability, and the Workers have full discretion as to whether to accept shifts offered by Client through Snag Work. It is expressly agreed that Snag Work retains control over hiring and compensating Workers who perform Services pursuant to this Agreement.
4.3 In the event that Client hires a Worker for a full or part time employment position with Client, Client agrees to notify Snag Work immediately and pay Snag Work a cost per hire amount as specified in the Agreement. Notwithstanding anything to the contrary in the Agreement or these Terms, if Client hires a Worker for either a full time or part time position, Snag Work will be released of all legal and financial responsibilities with respect to that Worker and its relationship with Client, effective the date the Worker is hired by the Client.
4.4 Client acknowledges and agrees that it will not place any Workers at a location subject to a collective bargaining agreement.
5. Confidentiality
5.1 “Confidential Information” as used in will mean information disclosed by a Party (“Disclosing Party”) to the other Party (”Receiving Party”) that (1) if disclosed in tangible or electronic form bears a confidentiality legend, (2) if disclosed orally is identified as confidential at the time of disclosure or is information of a type or nature that a reasonable person would understand is confidential or proprietary. Confidential Information will include, without limitation, (a) concepts and ideas relating to the development and distribution of content in any medium or to the current, future and proposed products or services of the Disclosing Party or its subsidiaries or affiliates; (b) trade secrets (including but not limited to recipes and product formulations), drawings, inventions, know-how, software programs, and software source documents; (c) information regarding plans for research, development, new service offerings or products, marketing and selling, business plans, business forecasts, budgets and unpublished financial statements, licenses and distribution arrangements, prices and costs, suppliers and customers; (d) existence of any business discussions, negotiations or agreements between the parties; and (e) any information regarding the skills and compensation of employees, contractors or other agents of the disclosing party or its subsidiaries or affiliates.
5.2 Receiving Party agrees that all Confidential Information furnished to it by the Disclosing Party and its designated representatives, whether orally or by means of written material, and including Confidential Information furnished prior to the date of this Agreement, (a) will be deemed proprietary and will be held by the Receiving Party in strict confidence; (b) will not be disclosed or revealed or shared with any other person except for the Receiving Party’s professional advisors in connection with any defense of claim with respect to an alleged disclosure of any such Confidential Information or those individuals or entities specifically authorized by the Disclosing Party in advance; and (c) will not be used other than for purposes of, and in connection with, the performance of the Receiving Party’s obligations under this Agreement.
5.3 A Receiving Party’s obligations as set forth in this Section 5 will not apply with respect to any portion of the Confidential Information that: (a) was in the public domain at the time it was communicated to the Receiving Party; (b) entered the public domain through no fault of the Receiving Party, subsequent to the time it was communicated to Receiving Party by the Disclosing Party; (c) was in the Receiving Party’s possession free of any obligation of confidence at the time it was communicated to the Receiving Party by the Disclosing Party; (d) was rightfully communicated to the Receiving Party free of any obligation of confidence subsequent to the time it was communicated to the Receiving Party by the Disclosing Party; (e) was developed by employees or agents of the Disclosing Party independently of and without reference to any information communicated to the Receiving Party by the Disclosing Party; (f) was communicated by the Disclosing Party to an unaffiliated third party free of any obligation of confidence (g) was not labeled or identified as “Confidential” by the Disclosing Party prior to or at the time of disclosure to the Receiving Party, unless such information is of a type or nature that a reasonable person would understand is confidential.
5.4 All such material and any copies thereof will be promptly returned upon request of the Disclosing Party, or if agreed between Snag Work and Client, the Receiving Party may be permitted to Destroy such materials (and copies thereof). If Receiving Party Destroys such materials, the Receiving Party may retain one copy of the Confidential Information as necessary for compliance with laws and its data retention policies, provided that such copy will remain subject to the nondisclosure and confidentiality provisions of this Agreement. For information in electronic form or intangible media, “Destroy” as used in this Section means to delete or remove data from a file, file system or database software using the standard delete features of such software. The obligation to Destroy does not require the deletion or removal of data from backup or archival files that are only used for system recovery or data restoration purposes.
5.5 Each Party agrees that the obligations under this Section are continuing and will survive the termination of this Agreement for a period of 2 years.
5.6 The Receiving Party acknowledges that any breach of the undertaking to maintain the confidentiality of the Disclosing Party’s Confidential Information will cause irreparable injury to the Disclosing Party and such Party will have the right to take such action it deems necessary to protect its rights hereunder, including without limitation, injunctive relief, without bond and without prejudice to any other rights and remedies as may be available to that party at law or equity for a breach or threatened breach of this or any other Section of this Agreement.
6. Safety and Compliance with Laws
6.1 Client will be solely responsible, at its own cost, to: (i) provide, in good condition, all tools, safety and work equipment, supplies, and specialized clothing that may be required for the performance of work by Workers in the normal course of proving the Services (but not equipment required by Contractor due to his or her individual needs); (ii) provide a work environment compliant with all applicable OSHA and other workplace safety requirements and provide information and training with respect to any hazardous substances or conditions to which Workers may be exposed at the worksite, as required by law; (iii) assign Workers only to attended premises; (iv) direct, control, supervise and safeguard its premises, processes and systems; and (v) direct and supervise Workers when handling cash, checks, keys, credit cards, merchandise, confidential or trade secret information, negotiable instruments or other valuables. Client will not: (i) request or permit a Worker to use any vehicle in connection with the provision of Services; or (ii) change the Services a Worker is asked to perform or the risks associated with the Services without Snag Work’s prior written approval.
6.2 Snag Work and Client will comply with all applicable federal, state and local laws and regulations as such laws and regulations pertain to the Workers and this Agreement. Client agrees to maintain at all times policies prohibiting discrimination, harassment and retaliation against Workers and to provide reasonable avenues to permit Workers to complain about any such actual or perceived violations. Client will comply with all OSHA requirements and applicable laws concerning meal and rest breaks as they pertain to Workers.
6.3 Snag Work will be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Workers, as well as for calculation of and payment of compensation to the Workers.
7. Insurance/Waiver
7.1 Snag Work will maintain workers’ compensation insurance for the benefit of the Workers consistent with the applicable law in any state in which Workers are performing services for Client.
8. Indemnification
8.1 Each Party agrees to indemnify, defend, and hold harmless the other party, including its subsidiaries, affiliates, and related companies and its respective directors, officers, agents, and employees (the “Indemnified Parties”) from and against any and all liability, loss, damages, costs, attorneys’ fees, or other expenses of any kind, claimed by a third party unrelated to the party seeking indemnification for damages, injunction or other legal relief, to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or these Terms; or (ii) the indemnifying party’s breach of any applicable law.
8.2 Snag Work will indemnify, defend, and hold the Client Indemnified Parties harmless from and against any and all losses, liabilities, damages, claims, demands, suits, actions or judgments, and all costs and expenses, including attorneys’ fees, based upon, any workers’ compensation claim brought by a Worker against Client arising out of the Services provided by a Worker pursuant to this Agreement that are within the scope of Services that Snag Work has assigned the Worker to provide.
8.3 Client will indemnify, defend, and hold the Snag Work Indemnified Parties harmless from and against any and all losses, liabilities, damages, claims, demands, suits, actions or judgments, and all costs and expenses, including attorneys’ fees, based upon, any workers’ compensation claim brought by a Worker against Snag Work that arises out of Client’s assignment of Worker to perform services outside of the scope of the Services that Snag Work has assigned the Worker to provide.
8.4 Each Party will inform the other within 15 days of the receipt of any claim, demand, or notice for which indemnification hereunder may be sought.
8.5 The indemnified party will have the right to control the defense of any claim for which it seeks indemnification, including the right to select counsel. The indemnified party will provide reasonable cooperation to the indemnifying party in investigating and defending against any claim for which indemnification is sought and will not settle any such claim without the indemnifying party’s consent, such consent not to be unreasonably withheld, conditioned or delayed.
9. Limits of Liability
10. Work Product Ownership
10.1 “Work Product” means all ideas, proposals, works of authorship, inventions (whether or not patentable or reduced to practice), know-how, techniques, documentation, analyses, flowcharts, notes, outlines, presentations, reports, research, textual works, content, logos, artwork, graphics or audiovisual materials, designs, plans, models, specifications, technology, techniques, formulas, processes, software, code, databases, systems, applications, developments (including development tools (in whatever form)), standard operating procedures, training materials and any and all other work product information and materials, and all discoveries, improvements, enhancements, modifications and derivatives of any of the foregoing, and all patents, copyrights, trademarks, trade secrets or other intellectual property rights associated with any of the foregoing.
10.2 “Snag Work Product” means any Work Product authored, designed, conceived, invented, generated, reduced to practice, developed, contributed to, improved, or created by Snag Work (or its Workers) during the course of its engagement as an independent contractor performing the Services for Client. Client agrees that, as between Client and Snag Work, all Snag Work Product will be owned solely by Snag Work and that nothing in the Agreement or these Terms will be construed to transfer any right or interest in or to the Snag Work Product to Client. To the extent that exclusive ownership of any Snag Work Product does not automatically vest in Snag Work, Client hereby (i) irrevocably assigns, transfers and conveys all right, title and interest in and to such Snag Work Product on a worldwide basis to Snag Work; and (ii) waives any moral rights therein to the fullest extent permitted under applicable law. Client agrees that it will cooperate with Snag Work and execute and deliver any further assignments, conveyances, other documents or assurances that may be necessary to effectively convey any rights in and to any Snag Work Product to Snag Work, as requested by Snag Work. If Client is unable to execute a document or take any action for any reason, Client hereby irrevocably designates and appoints Snag Work and each of its duly authorized agents or designees as my agent and attorney-in-fact, to act in Client’s behalf in all applicable instances, including, without limitation, in any government authorities or agencies.
10.3 “Client Work Product” means all Work Product owned by Client prior to the effective date of this Agreement and provided by Client to Snag Work in order for Snag Work to perform the Services, which, for clarity, will exclude any Snag Work Product. Snag Work agrees that, as between Snag Work and Client, all Client Work Product will be owned solely by Client and that nothing in the Agreement or these Terms will be construed to transfer any right or interest in or to Client Work Product to Snag Work. To the extent that, while performing the Services, Snag Work acquires any right or ownership interest in or to any Client Work Product, Snag Work hereby (i) irrevocably assigns, transfers and conveys all right, title and interest in and to such Client Work Product on a worldwide basis to Client; and (ii) waives any moral rights therein to the fullest extent permitted under applicable law. Snag Work agrees that it will cooperate with Client and execute and deliver any further assignments, conveyances, other documents or assurances that may be necessary to effectively convey any rights in and to any Client Work Product to Client, as requested by Client.
10.4 Snag Work expressly reserves all rights to Work Product not expressly granted to Client under these Terms.
11. Notices
11.1 All notices or other communications required or permitted under this Agreement will be in writing and will be effective either when del