Contracts
Snagajob Shifts Terms
Effective November 27th 2022
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Snagajob Shifts Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 23, 2021
Please read these Snagajob Shifts Terms (the “Shifts Terms”) to the Snagajob General Terms of Use (these “General Terms of Use”) carefully.
These Shifts Terms apply to all client employers who are accessing the Website or using the Services to post solicitation of Snagajob Workers (as defined below) to fill shifts (“Shifts Clients”) or otherwise access any Services designed for Shifts Clients (“Shifts Services”). These Shifts Terms do not apply to the posting of job openings for Job Seekers (which Services are governed by the Employer Terms. These Shifts Terms also govern any Sales Order (as defined below) entered into between you, the Shifts Client, and Snagajob.
THESE SHIFTS TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS A SHIFTS CLIENT OR RELATED TO SHIFTS SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE SHIFTS TERMS REPLACE THE SHIFTS TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE SHIFTS TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE SHIFTS TERMS. THESE SHIFT TERMS SHALL NOT APPLY TO A SALES ORDER IF THE SHIFTS CLIENT AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE SHIFTS TERMS OR THE SHIFTS TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE GENERAL TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Shifts Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Shifts Terms and the General Terms of Use, the provision(s) in these Shifts Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between these Shift Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify these Shifts Terms on a going-forward basis. We will post notice of date of the most recent update by revising the header at the top of this document.
EVERY TIME SHIFTS CLIENT USES THE SHIFTS SERVICES, SHIFTS CLIENT ACKNOWLEDGES AND AGREES TO THESE SHIFTS TERMS AND THE GENERAL TERMS OF USE
1. Shifts Services.
1.1 Shifts Client and Snagajob agree that Snagajob will provide or make available to Shifts Client, and Shifts Client will purchase and pay for, the Shifts services which include recruitment, onboarding, an online platform where Client may post ads for available shifts and where Snagajob Workers may accept assignemtns to work such posted shifts (“Shifts Services”).
1.2 “Snagajob Workers” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts that Shifts Client posts to the Snagajob application (the “App”).
1.3 Provision of the Shifts Services is subject to the Scheduling Code of Conduct, attached as Exhibit A to these Shifts Terms.
2. Payments and Fees.
2.1 Shifts Client agrees to pay for all of the Shifts Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Hourly Position Market Wage, Worker Costs, Service Fees and Hiring Fees will be billed to Shifts Client’s credit card weekly or paid by Snagajob initiated automatic ACH payment transfer weekly.
2.3 If any such payment is not paid when due hereunder Snagajob may suspend the delivery of Shifts Services to Shifts Client until payment is made. Shifts Client agrees to pay Snagajob interest on such overdue payment at the rate of 1.5% 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, reasonable attorneys’ fees and costs.
3. Term and Termination of Sales Orders
3.2 Shifts Client may terminate a Sales Order prior to the applicable scheduled termination date(s) if (i) Snagajob ceases its business activities, makes a general assignment for the benefit of creditors, or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding or (ii) Shifts Client gives 30 days written notice of termination to Snagajob.
3.3 Snagajob may terminate a Sales Order prior to the applicable scheduled termination date(s) if: (i) Shifts Client breaches any provision of the Agreement; (ii) Shifts Client ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Shifts Client.
3.4 Shifts Client will pay all fees owed for Shifts Services performed, or Hiring Fees incurred, through the termination date of a Sales Order.
4. Snagajob Obligations. Snagajob will:
4.2 be responsible for recruiting, screening and obtaining background checks on all Snagajob Workers;
4.3 provide employee benefits and timely pay Snagajob Workers for all Services they perform for Shifts Client pursuant to the Agreement and be solely responsible for the withholding and payment and recording of any payroll deductions and taxes;
4.4 be responsible for all hiring, compensation, scheduling, discipline, and termination decisions with respect to Snagajob Workers;
4.5 be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers;
4.6 treat all Snagajob Workers as non-exempt, in order to ensure accurate calculation of fees and proper withholding and reporting of taxes;
4.7 not offer to settle or compromise any claim brought by a Snagajob Worker against Shifts Client except with Shifts Client’s advance written consent.
4.8 Cooperate with Shifts Client in the investigation and remediation of complaints involving Workers.
5. Shifts Client Obligations. Shifts Client will:
5.1 comply with all applicable federal, state and local laws and regulations that apply to Shifts Client and the worksite a nd premises to which Workers are assigned (the "Worksite") and while the Snagajob Worker is on the job;
5.2 not permit its managers to cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock” and not pay any wages or salaries directly to any Snagajob Worker without first (i) informing Snagajob in writing of such payment (ii) obtaining Snagajob’s prior written consent;
5.3 be solely responsible for the direction, supervision and control of the Snagajob Workers, including the sole and exclusive right to control working conditions and day-to-day job duties while the Snagajob Worker is on the job. Shifts Client expressly absolves Snagajob of any responsibility for matters under Shifts Client’s direction, supervision and control;
5.4 provide, at its own cost, all tools, safety and work equipment, supplies, and specialized clothing, in good condition, that may be required for the performance of work by Snagajob Workers in the normal course of the job (but not equipment required by Snagajob Workers due to their individual needs);
5.5 not change the job description a Snagajob Worker is asked to perform or the risks associated with that job description without Snagajob’s prior written approval and not request or permit a Snagajob Worker to use any vehicle or heavy equipment in performing the job;
5.6 direct, control, supervise and safeguard its premises, systems and valuables (including cash, check, credit cards, keys and merchandise) and assign Snagajob Worker only to attended premises;
5.7 cooperate with Snagajob in the investigation and remediation of complaints involving Workers and maintain policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Workers to complain about any such actual or perceived violation;
5.8 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 Occupational Safety and Health Act (“OSHA”) and other workplace safety requirements and be responsible for reporting incidents with regard to Snagajob Workers in compliance with the requirements of OSHA and 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 and on the job, as required by law.
6. Independent Contractor Relationship.
6.1. The relationship between Snagajob and Shifts 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.
6.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Shifts Client during the term of this Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
7. Snagajob Workers.
7.2 If Shifts Client hires a Snagajob Worker for a full or part-time employment position with Shifts Client, Shifts Client agrees to notify Snagajob immediately and pay Snagajob the Hiring Fee specified in the Sales Order. Notwithstanding anything to the contrary in the Agreement if Shifts Client hires a Snagajob 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 Worker and its relationship with Shifts Client, effective the date the Snagajob Worker is hired by the Shifts Client.
7.3 Shifts Client agrees that it will not place any Snagajob Worker in a position covered by an employment security clause under a collective bargaining agreement.
8. Confidentiality.
8.1 Snagajob and Shifts Client each (a “Receiving Party”) will hold in confidence, and will use solely for purposes of or as provided in the Agreement, any Confidential Information received by it from the other (a “Disclosing Party”) or derived from Confidential Information received from the other, and will protect the confidentiality of such with the same degree of care that it exercises with respect to its own information of like import, but in no event less than reasonable care, for a period of three years from the date of termination of the Agreement.
8.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
8.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
8.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
8.5 “Confidential Information” means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
9. Insurance.
10. Indemnification.
10.1 Each party (each an "Indemnifying 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 loss, cost, damage and expense, including reasonable attorney's fees, incurred in defending or satisfying a claim by an unrelated third party that arises out of the Indemnifying Party's breach of any term or obligation contained in this Agreement, violation of law, gross negligence or willful misconduct (a "Third Party Claim"). Any provision of this Agreement to the contrary notwithstanding: (i) the Indemnifying Party will not be obligated to indemnify the Indemnified Parties from any Third Party Claim arising out of the other party's breach of this Agreement; and (ii) Snagajob will not be obligated to indemnify the Indemnified Parties for any Third Party Claim arising out of Client's supervision, direction or control of a Snagajob Worker at the Worksite or on the job.
10.2 Without limiting the generality of section 10.1, above, and except as provided therein, Snagajob will indemnify, defend and hold harmless the Indemnified Parties from and against any loss, cost, damage and expense, including reasonable attorney's fees, incurred in defending or satisfying a Third Party Claim that arises out of Snagajob's breach of any of its obligations contained in Section 4 above or elsewhere in this Agreement.
10.3 Without limiting the generality of section 10.1, above, and except as provided therein, Client will indemnify, defend, and hold harmless the Indemnified Parties from and against any and all loss, cost, damage and expense, including reasonable attorneys’ fees, incurred in defending or satisfying a Third Party Claim that arises out of Client's breach of any of its obligations contained in Section 5 above or elsewhere in this Agreement.
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.
10.6. The Indemnifying Party will have the right to control the defense of any Third Party Claim for which it is required to provide indemnification, including the right to select counsel. The Indemnified Party will provide reasonable cooperation to the indemnifying party in investigating and defending against any Third Party Claim for which indemnification is sought. The Indemnifying Party will not settle any such claim withou the Indemnified Party's consent, which consent shall not be unreasonabley withheld, conditioned or delayed.
11. Disclaimer of Warranties.
THE REPRESENTATIONS AND WARRANTIES MADE BY SNAGAJOB IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED
12. Exclusions; Limitation of Liability.
THE PARTIES AND THEIR 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, PUNITVE, SPECIAL EXEMPLARY, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES OF ANY TYPE OR KIND; OR (II) ANY PROPERTY DAMAGE OR LOSS OR INACCURACY OR DATA, OR LOSS OF BUSINESS, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, EXCEPT WITH RESPECT TO A PARTY'S INDEMNIFICATION OR CONFIDENTIALY OBLIGATIONS CONTAINED IN THIS AGREEMENT . IN NO EVENT WILL THE LIABILITY OF EITHER PARTY 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.
13. 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.
14. Miscellaneous.
14.1 Any right or obligation of the parties in this Agreement that, by its nature, should survive termination or expiration of this Agreement will survive any expiration or termination.
14.2 Client grants to Snagajob a limited, non-exclusive, non-transferable, royalty free right and license during the term to use Client's tradename and logo (collectively, the "Client Marks") on its website or customer list to identify Client as a clien tof Snagjob and in a mutually approved press release to announce that Client is a customer of Snagajob. Snagajob will comply with Client's trademark usage guidelines in using client's Marks. Snagajob will not use Client Marks in a manner that dilutes, tarnishes or blurs the value of the Client Marks. Any goodwill accured as a result of Snagajob's us of the Client Makrs insures solely fo the beneift of Clinet
Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld; provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Shifts Client’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a subsidiary, business segment, division, business unit, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
14.3 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
14.4 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.5 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
14.6 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
1. A “Posted Shift” is defined as one where a Shifts Client, using the Website or App confirms a location, date, start and end time, and position for which Shifts 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 the Sales Order
2. Snagajob will offer the Posted Shifts to the Snagajob Workers.
3. If Snagajob has not confirmed a Snagajob Worker for Shifts Client’s Posted Shift, no payment will be due from Shifts Client for such Posted Shift and Snag will have no responsibility or liability to Shifts Client for such Posted Shift.
4. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Shifts Client may cancel the Posted Shift without penalty.
5. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Shifts Client wishes to cancel the Posted Shift, Shifts Client will pay 50 percent of the Scheduled Shift Amount. If Shifts Client cancels the confirmed Posted Shift within 2 hours of shift start, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
6. In the event that a Snagajob Worker has begun working a Posted Shift and Shifts Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
7. If Shifts 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, Shifts 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 the Sales Order. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
8. Within 24 hours of receipt of notification to approve a Snagajob Worker’s hour, Shifts Client will review, revise as needed, and approve the Snagajob Worker’s hours. If Shifts Client does not review and approve a Snagajob Worker’s hour within 36 hours, the Snagajob Worker’s reported hours will be deemed to reflect actual hours worked, will bill Shifts Client accordingly, and Shifts Client will accept the charges.
END OF SHIFTS TERMS
Effective June 12th 2022 to November 27th 2022
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Snagajob Shifts Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 23, 2021
Please read these Snagajob Shifts Terms (the “Shifts Terms”) to the Snagajob General Terms of Use (these “General Terms of Use”) carefully.
These Shifts Terms apply to all client employers who are accessing the Website or using the Services to post solicitation of Snagajob Workers (as defined below) to fill shifts (“Shifts Clients”) or otherwise access any Services designed for Shifts Clients (“Shifts Services”). These Shifts Terms do not apply to the posting of job openings for Job Seekers (which Services are governed by the Employer Terms. These Shifts Terms also govern any Sales Order (as defined below) entered into between you, the Shifts Client, and Snagajob.
THESE SHIFTS TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS A SHIFTS CLIENT OR RELATED TO SHIFTS SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE SHIFTS TERMS REPLACE THE SHIFTS TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE SHIFTS TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE SHIFTS TERMS. THESE SHIFT TERMS SHALL NOT APPLY TO A SALES ORDER IF THE SHIFTS CLIENT AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE SHIFTS TERMS OR THE SHIFTS TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE GENERAL TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Shifts Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Shifts Terms and the General Terms of Use, the provision(s) in these Shifts Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between these Shift Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify these Shifts Terms on a going-forward basis. We will post notice of date of the most recent update by revising the header at the top of this document.
EVERY TIME SHIFTS CLIENT USES THE SHIFTS SERVICES, SHIFTS CLIENT ACKNOWLEDGES AND AGREES TO THESE SHIFTS TERMS AND THE GENERAL TERMS OF USE
1. Shifts Services.
1.1 Shifts Client and Snagajob agree that Snagajob will provide or make available to Shifts Client, and Shifts Client will purchase and pay for, the Shifts services which will include recruitment, onboarding, and staffing with Snagajob Workers to fill shifts (“Shifts Services”).
1.2 “Snagajob Workers” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts that Shifts Client posts to the Snagajob application (the “App”).
1.3 Provision of the Shifts Services is subject to the Scheduling Code of Conduct, attached as Exhibit A to these Shifts Terms.
2. Payments and Fees.
2.1 Shifts Client agrees to pay for all of the Shifts Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Hourly Position Market Wage, Worker Costs, Service Fees and Hiring Fees will be billed to Shifts Client’s credit card weekly or paid by Snagajob initiated automatic ACH payment transfer weekly.
2.3 If any such payment is not paid when due hereunder Snagajob may suspend the delivery of Shifts Services to Shifts Client until payment is made. Shifts Client agrees to pay Snagajob interest on such overdue payment at the rate of 1.5% 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, reasonable attorneys’ fees and costs.
3. Term and Termination of Sales Orders
3.2 Shifts Client may terminate a Sales Order prior to the applicable scheduled termination date(s) if (i) Snagajob ceases its business activities, makes a general assignment for the benefit of creditors, or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding or (ii) Shifts Client gives 30 days written notice of termination to Snagajob.
3.3 Snagajob may terminate a Sales Order prior to the applicable scheduled termination date(s) if: (i) Shifts Client breaches any provision of the Agreement; (ii) Shifts Client ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Shifts Client.
3.4 Shifts Client will pay all fees owed for Shifts Services performed, or Hiring Fees incurred, through the termination date of a Sales Order.
4. Snagajob Obligations. Snagajob will:
4.2 be responsible for recruiting, screening and obtaining background checks on all Snagajob Workers;
4.3 provide employee benefits and timely pay Snagajob Workers for all Services they perform for Shifts Client pursuant to the Agreement and be solely responsible for the withholding and payment of any payroll deductions and taxes;
4.4 direct and control Snagajob Workers in hiring, compensation, scheduling, discipline, and termination;
4.5 be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers;
4.6 treat all Snagajob Workers as non-exempt, in order to ensure accurate calculation of fees and proper withholding and reporting of taxes;
4.7 not offer to settle or compromise any claim brought by a Snagajob Worker against Shifts Client except with Shifts Client’s advance written consent.
4.8 Cooperate with Shifts Client in the investigation and remediation of complaints involving Workers.
5. Shifts Client Obligations. Shifts Client will:
5.1 comply with all applicable federal, state and local laws and regulations that apply to Shifts Client and the worksite to which Workers are assigned;
5.2 not permit its managers to cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock” and not pay any wages or salaries directly to any Snagajob Worker without first (i) informing Snagajob in writing of such payment (ii) obtaining Snagajob’s prior written consent;
5.3 be solely responsible for the direction and control of the Snagajob Workers, including the sole and exclusive right to control working conditions and day-to-day job duties while the Snagajob Worker is at Shifts Client’s work location. Shifts Client expressly absolves Snagajob of any responsibility for matters under Shifts Client’s direction and control;
5.4 provide, at its own cost, all tools, safety and work equipment, supplies, and specialized clothing, in good condition, 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 Workers due to their individual needs);
5.5 not change the Services a Snagajob Worker is asked to perform or the risks associated with the Services without Snagajob’s prior written approval;
5.6 direct, control, supervise and safeguard its premises, systems and valuables (including cash, check, credit cards, keys and merchandise) and assign Snagajob Worker only to attended premises and not request or permit a Snagajob Worker to use any vehicle or heavy equipment in connection with the provision of Services;
5.7 cooperate with Snagajob in the investigation and remediation of complaints involving Workers and maintain policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Workers to complain about any such actual or perceived violation;
5.8 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 Occupational Safety and Health Act (“OSHA”) and other workplace safety requirements and be responsible for reporting incidents with regard to Snagajob Workers in compliance with the requirements of OSHA and 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.
6. Independent Contractor Relationship.
6.1. The relationship between Snagajob and Shifts 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.
6.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Shifts Client during the term of this Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
7. Snagajob Workers.
7.2 If Shifts Client hires a Snagajob Worker for a full or part-time employment position with Shifts Client, Shifts Client agrees to notify Snagajob immediately and pay Snagajob the Hiring Fee specified in the Sales Order. Notwithstanding anything to the contrary in the Agreement if Shifts Client hires a Snagajob 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 Worker and its relationship with Shifts Client, effective the date the Snagajob Worker is hired by the Shifts Client.
7.3 Shifts Client agrees that it will not place any Snagajob Worker in a position covered by an employment security clause under a collective bargaining agreement.
8. Confidentiality.
8.1 Snagajob and Shifts Client each (a “Receiving Party”) will hold in confidence, and will use solely for purposes of or as provided in the Agreement, any Confidential Information received by it from the other (a “Disclosing Party”) or derived from Confidential Information received from the other, and will protect the confidentiality of such with the same degree of care that it exercises with respect to its own information of like import, but in no event less than reasonable care, for a period of three years from the date of termination of the Agreement.
8.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
8.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
8.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
8.5 “Confidential Information” means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
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 Shifts Client. Snagajob does not furnish insurance to the Shifts Client for employment practices liability. In the event of a claim against the Shifts Client alleging wrongful termination, harassment, discrimination, failure to accommodate, retaliation, or any other unlawful employment practice by a Snagajob Worker, Shifts Client will immediately notify Snagajob. Snagajob may assist Shifts Client in investigating and responding to such claim and Shifts 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 Shifts Client’s independent management decisions, actions, or non-actions concerning Snagajob Worker. Snagajob does not furnish insurance to the Shifts 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 Shifts Client, Shifts Client acknowledges sole responsibility to maintain adequate supervision, procedures, and controls for such activities and to obtain such bonding or fidelity insurance as Shifts 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 loss, cost, damage and expense (including reasonable attorneys’ fees) claimed by a third party to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or the Terms; or (ii) the indemnifying party’s breach of any applicable law.
10.2 Snagajob is not responsible for any losses related to the acts or omissions of third parties on which Snagajob has relied in providing services hereunder, including, but not limited to, reliance on third party providers of background check services.
10.3 Snagajob will indemnify, defend, and hold the Shifts Client Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees) based upon, any workers’ compensation claim brought by a Snagajob Worker against Shifts 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 Snagajob Worker to provide.
10.4 Shifts Client will indemnify, defend, and hold the Snagajob Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees), based upon any workers’ compensation claim brought by a Snagajob Worker, governmental body or third-party against Snagajob that arises out of Shifts 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 Shifts Client and brought by a third party.
10.5 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.
10.6. The Indemnified Party will have the right to control the defense and settlement 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. Each party’s duty to indemnify the other party is subject to the indemnified party providing the indemnifying party with prompt (within 15 days of the receipt) written notice of the claim, except that any failure to give prompt notice will only relieve the indemnifying Party of its indemnification obligations hereunder to the extent such failure materially prejudices such Party.
11. Disclaimer of Warranties.
THE REPRESENTATIONS AND WARRANTIES MADE BY SNAGAJOB IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED
12. Limitation of Liability.
EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTION 11 ABOVE, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY 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.
13. 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.
14. Miscellaneous.
14.1 The following Sections will survive the termination or expiration of this Agreement: Sections 2, 3, 9 and 11. 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.
14.2 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld; provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Shifts Client’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a subsidiary, business segment, division, business unit, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
14.3 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
14.4 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.5 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
14.6 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
1. A “Posted Shift” is defined as one where a Shifts Client, using the Website or App confirms a location, date, start and end time, and position for which Shifts 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 the Sales Order
2. Snagajob will offer the Posted Shifts to the Snagajob Workers.
3. If Snagajob has not confirmed a Snagajob Worker for Shifts Client’s Posted Shift, no payment will be due from Shifts Client for such Posted Shift and Snag will have no responsibility or liability to Shifts Client for such Posted Shift.
4. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Shifts Client may cancel the Posted Shift without penalty.
5. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Shifts Client wishes to cancel the Posted Shift, Shifts Client will pay 50 percent of the Scheduled Shift Amount. If Shifts Client cancels the confirmed Posted Shift within 2 hours of shift start, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
6. In the event that a Snagajob Worker has begun working a Posted Shift and Shifts Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
7. If Shifts 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, Shifts 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 the Sales Order. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
8. Within 24 hours of receipt of notification to approve a Snagajob Worker’s hour, Shifts Client will review, revise as needed, and approve the Snagajob Worker’s hours. If Shifts Client does not review and approve a Snagajob Worker’s hour within 36 hours, the Snagajob Worker’s reported hours will be deemed to reflect actual hours worked, will bill Shifts Client accordingly, and Shifts Client will accept the charges.
END OF SHIFTS TERMS
Effective May 16th 2022 to June 12th 2022
DownloadTable of Contents
Snagajob Shifts Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 23, 2021
Please read these Snagajob Shifts Terms (the “Shifts Terms”) to the Snagajob General Terms of Use (these “General Terms of Use”) carefully.
These Shifts Terms apply to all client employers who are accessing the Website or using the Services to post solicitation of Snagajob Workers (as defined below) to fill shifts (“Shifts Clients”) or otherwise access any Services designed for Shifts Clients (“Shifts Services”). These Shifts Terms do not apply to the posting of job openings for Job Seekers (which Services are governed by the Employer Terms. These Shifts Terms also govern any Sales Order (as defined below) entered into between you, the Shifts Client, and Snagajob.
THESE SHIFTS TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS A SHIFTS CLIENT OR RELATED TO SHIFTS SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE SHIFTS TERMS REPLACE THE SHIFTS TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE SHIFTS TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE SHIFTS TERMS. THESE SHIFT TERMS SHALL NOT APPLY TO A SALES ORDER IF THE SHIFTS CLIENT AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE SHIFTS TERMS OR THE SHIFTS TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE GENERAL TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Shifts Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Shifts Terms and the General Terms of Use, the provision(s) in these Shifts Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between these Shift Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify these Shifts Terms on a going-forward basis. We will post notice of date of the most recent update by revising the header at the top of this document.
EVERY TIME SHIFTS CLIENT USES THE SHIFTS SERVICES, SHIFTS CLIENT ACKNOWLEDGES AND AGREES TO THESE SHIFTS TERMS AND THE GENERAL TERMS OF USE
1. Shifts Services.
1.1 Shifts Client and Snagajob agree that Snagajob will provide or make available to Shifts Client, and Shifts Client will purchase and pay for, the Shifts services which will include recruitment, onboarding, and staffing with Snagajob Workers to fill shifts (“Shifts Services”).
1.2 “Snagajob Workers” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts that Shifts Client posts to the Snagajob application (the “App”).
1.3 Provision of the Shifts Services is subject to the Scheduling Code of Conduct, attached as Exhibit A to these Shifts Terms.
2. Payments.
2.1 Shifts Client agrees to pay for all of the Shifts Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Shifts Services and Hiring Fees will be billed to Shifts Client’s credit card weekly or paid by Snagajob initiated automatic ACH payment transfer weekly.
2.3 If any such payment is not paid when due hereunder Snagajob may suspend the delivery of Shifts Services to Shifts Client until payment is made. Shifts Client agrees to pay Snagajob interest on such overdue payment at the rate of 1.5% 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, reasonable attorneys’ fees and costs.
3. Term and Termination of Sales Orders
3.2 Shifts Client may terminate a Sales Order prior to the applicable scheduled termination date(s) if (i) Snagajob ceases its business activities, makes a general assignment for the benefit of creditors, or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding or (ii) Shifts Client gives 30 days written notice of termination to Snagajob.
3.3 Snagajob may terminate a Sales Order prior to the applicable scheduled termination date(s) if: (i) Shifts Client breaches any provision of the Agreement; (ii) Shifts Client ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Shifts Client.
3.4 Shifts Client will pay all fees owed for Shifts Services performed, or Hiring Fees incurred, through the termination date of a Sales Order.
4. Snagajob Obligations. Snagajob will:
4.2 be responsible for recruiting, screening and obtaining background checks on all Snagajob Workers;
4.3 provide employee benefits and timely pay Snagajob Workers for all Services they perform for Shifts Client pursuant to the Agreement and be solely responsible for the withholding and payment of any payroll deductions and taxes;
4.4 direct and control Snagajob Workers in hiring, compensation, scheduling, discipline, and termination;
4.5 be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers;
4.6 treat all Snagajob Workers as non-exempt, in order to ensure accurate calculation of fees and proper withholding and reporting of taxes;
4.7 not offer to settle or compromise any claim brought by a Snagajob Worker against Shifts Client except with Shifts Client’s advance written consent.
4.8 Cooperate with Shifts Client in the investigation and remediation of complaints involving Workers.
5. Shifts Client Obligations. Shifts Client will:
5.1 comply with all applicable federal, state and local laws and regulations that apply to Shifts Client and the worksite to which Workers are assigned;
5.2 not permit its managers to cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock” and not pay any wages or salaries directly to any Snagajob Worker without first (i) informing Snagajob in writing of such payment (ii) obtaining Snagajob’s prior written consent;
5.3 be solely responsible for the direction and control of the Snagajob Workers, including the sole and exclusive right to control working conditions and day-to-day job duties while the Snagajob Worker is at Shifts Client’s work location. Shifts Client expressly absolves Snagajob of any responsibility for matters under Shifts Client’s direction and control;
5.4 provide, at its own cost, all tools, safety and work equipment, supplies, and specialized clothing, in good condition, 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 Workers due to their individual needs);
5.5 not change the Services a Snagajob Worker is asked to perform or the risks associated with the Services without Snagajob’s prior written approval;
5.6 direct, control, supervise and safeguard its premises, systems and valuables (including cash, check, credit cards, keys and merchandise) and assign Snagajob Worker only to attended premises and not request or permit a Snagajob Worker to use any vehicle or heavy equipment in connection with the provision of Services;
5.7 cooperate with Snagajob in the investigation and remediation of complaints involving Workers and maintain policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Workers to complain about any such actual or perceived violation;
5.8 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 Occupational Safety and Health Act (“OSHA”) and other workplace safety requirements and be responsible for reporting incidents with regard to Snagajob Workers in compliance with the requirements of OSHA and 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.
6. Independent Contractor Relationship.
6.1. The relationship between Snagajob and Shifts 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.
6.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Shifts Client during the term of this Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
7. Snagajob Workers.
7.2 If Shifts Client hires a Snagajob Worker for a full or part-time employment position with Shifts Client, Shifts Client agrees to notify Snagajob immediately and pay Snagajob the Hiring Fee specified in the Sales Order. Notwithstanding anything to the contrary in the Agreement if Shifts Client hires a Snagajob 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 Worker and its relationship with Shifts Client, effective the date the Snagajob Worker is hired by the Shifts Client.
7.3 Shifts Client agrees that it will not place any Snagajob Worker in a position covered by an employment security clause under a collective bargaining agreement.
8. Confidentiality.
8.1 Snagajob and Shifts Client each (a “Receiving Party”) will hold in confidence, and will use solely for purposes of or as provided in the Agreement, any Confidential Information received by it from the other (a “Disclosing Party”) or derived from Confidential Information received from the other, and will protect the confidentiality of such with the same degree of care that it exercises with respect to its own information of like import, but in no event less than reasonable care, for a period of three years from the date of termination of the Agreement.
8.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
8.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
8.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
8.5 “Confidential Information” means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
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 Shifts Client. Snagajob does not furnish insurance to the Shifts Client for employment practices liability. In the event of a claim against the Shifts Client alleging wrongful termination, harassment, discrimination, failure to accommodate, retaliation, or any other unlawful employment practice by a Snagajob Worker, Shifts Client will immediately notify Snagajob. Snagajob may assist Shifts Client in investigating and responding to such claim and Shifts 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 Shifts Client’s independent management decisions, actions, or non-actions concerning Snagajob Worker. Snagajob does not furnish insurance to the Shifts 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 Shifts Client, Shifts Client acknowledges sole responsibility to maintain adequate supervision, procedures, and controls for such activities and to obtain such bonding or fidelity insurance as Shifts 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 loss, cost, damage and expense (including reasonable attorneys’ fees) claimed by a third party to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or the Terms; or (ii) the indemnifying party’s breach of any applicable law.
10.2 Snagajob is not responsible for any losses related to the acts or omissions of third parties on which Snagajob has relied in providing services hereunder, including, but not limited to, reliance on third party providers of background check services.
10.3 Snagajob will indemnify, defend, and hold the Shifts Client Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees) based upon, any workers’ compensation claim brought by a Snagajob Worker against Shifts 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 Snagajob Worker to provide.
10.4 Shifts Client will indemnify, defend, and hold the Snagajob Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees), based upon any workers’ compensation claim brought by a Snagajob Worker, governmental body or third-party against Snagajob that arises out of Shifts 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 Shifts Client and brought by a third party.
10.5 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.
10.6. The Indemnified Party will have the right to control the defense and settlement 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. Each party’s duty to indemnify the other party is subject to the indemnified party providing the indemnifying party with prompt (within 15 days of the receipt) written notice of the claim, except that any failure to give prompt notice will only relieve the indemnifying Party of its indemnification obligations hereunder to the extent such failure materially prejudices such Party.
11. Disclaimer of Warranties.
THE REPRESENTATIONS AND WARRANTIES MADE BY SNAGAJOB IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED
12. Limitation of Liability.
EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTION 11 ABOVE, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY 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.
13. 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.
14. Miscellaneous.
14.1 The following Sections will survive the termination or expiration of this Agreement: Sections 2, 3, 9 and 11. 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.
14.2 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld; provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Shifts Client’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a subsidiary, business segment, division, business unit, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
14.3 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
14.4 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.5 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
14.6 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
1. A “Posted Shift” is defined as one where a Shifts Client, using the Website or App confirms a location, date, start and end time, and position for which Shifts 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 the Sales Order
2. Snagajob will offer the Posted Shifts to the Snagajob Workers.
3. If Snagajob has not confirmed a Snagajob Worker for Shifts Client’s Posted Shift, no payment will be due from Shifts Client for such Posted Shift and Snag will have no responsibility or liability to Shifts Client for such Posted Shift.
4. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Shifts Client may cancel the Posted Shift without penalty.
5. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Shifts Client wishes to cancel the Posted Shift, Shifts Client will pay 50 percent of the Scheduled Shift Amount. If Shifts Client cancels the confirmed Posted Shift within 2 hours of shift start, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
6. In the event that a Snagajob Worker has begun working a Posted Shift and Shifts Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
7. If Shifts 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, Shifts 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 the Sales Order. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
8. Within 24 hours of receipt of notification to approve a Snagajob Worker’s hour, Shifts Client will review, revise as needed, and approve the Snagajob Worker’s hours. If Shifts Client does not review and approve a Snagajob Worker’s hour within 36 hours, the Snagajob Worker’s reported hours will be deemed to reflect actual hours worked, will bill Shifts Client accordingly, and Shifts Client will accept the charges.
END OF SHIFTS TERMS
Effective May 10th 2022 to May 16th 2022
DownloadTable of Contents
Snagajob Shifts Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 23, 2021
Please read these Snagajob Shifts Terms (the “Shifts Terms”) to the Snagajob General Terms of Use (these “General Terms of Use”) carefully.
These Shifts Terms apply to all client employers who are accessing the Website or using the Services to post solicitation of Snagajob Workers (as defined below) to fill shifts (“Shifts Clients”) or otherwise access any Services designed for Shifts Clients (“Shifts Services”). These Shifts Terms do not apply to the posting of job openings for Job Seekers (which Services are governed by the Employer Terms. These Shifts Terms also govern any Sales Order (as defined below) entered into between you, the Shifts Client, and Snagajob.
THESE SHIFTS TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS A SHIFTS CLIENT OR RELATED TO SHIFTS SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE SHIFTS TERMS REPLACE THE SHIFTS TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE SHIFTS TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE SHIFTS TERMS. THESE SHIFT TERMS SHALL NOT APPLY TO A SALES ORDER IF THE SHIFTS CLIENT AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE SHIFTS TERMS OR THE SHIFTS TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE GENERAL TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Shifts Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Shifts Terms and the General Terms of Use, the provision(s) in these Shifts Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between these Shift Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify these Shifts Terms on a going-forward basis. We will post notice of date of the most recent update by revising the header at the top of this document.
EVERY TIME SHIFTS CLIENT USES THE SHIFTS SERVICES, SHIFTS CLIENT ACKNOWLEDGES AND AGREES TO THESE SHIFTS TERMS AND THE GENERAL TERMS OF USE
1. Shifts Services.
1.1 Shifts Client and Snagajob agree that Snagajob will provide or make available to Shifts Client, and Shifts Client will purchase and pay for, the Shifts services which will include recruitment, onboarding, and staffing with Snagajob Workers to fill shifts (“Shifts Services”).
1.2 “Snagajob Workers” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts that Shifts Client posts to the Snagajob application (the “App”).
1.3 Provision of the Shifts Services is subject to the Scheduling Code of Conduct, attached as Exhibit A to these Shifts Terms.
2. Payments.
2.1 Shifts Client agrees to pay for all of the Shifts Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Shifts Services and Hiring Fees will be billed to Shifts Client’s credit card weekly or paid by Snagajob initiated automatic ACH payment transfer weekly.
2.3 If any such payment is not paid when due hereunder Snagajob may suspend the delivery of Shifts Services to Shifts Client until payment is made. Shifts Client agrees to pay Snagajob interest on such overdue payment at the rate of 1.5% 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, reasonable attorneys’ fees and costs.
3. Term and Termination of Sales Orders
3.2 Shifts Client may terminate a Sales Order prior to the applicable scheduled termination date(s) if (i) Snagajob ceases its business activities, makes a general assignment for the benefit of creditors, or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding or (ii) Shifts Client gives 30 days written notice of termination to Snagajob.
3.3 Snagajob may terminate a Sales Order prior to the applicable scheduled termination date(s) if: (i) Shifts Client breaches any provision of the Agreement; (ii) Shifts Client ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Shifts Client.
3.4 Shifts Client will pay all fees owed for Shifts Services performed, or Hiring Fees incurred, through the termination date of a Sales Order.
4. Snagajob Obligations. Snagajob will:
4.2 be responsible for recruiting, screening and obtaining background checks on all Snagajob Workers;
4.3 provide employee benefits and timely pay Snagajob Workers for all Services they perform for Shifts Client pursuant to the Agreement and be solely responsible for the withholding and payment of any payroll deductions and taxes;
4.4 direct and control Snagajob Workers in hiring, compensation, scheduling, discipline, and termination;
4.5 be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers;
4.6 treat all Snagajob Workers as non-exempt, in order to ensure accurate calculation of fees and proper withholding and reporting of taxes;
4.7 not offer to settle or compromise any claim brought by a Snagajob Worker against Shifts Client except with Shifts Client’s advance written consent.
4.8 Cooperate with Shifts Client in the investigation and remediation of complaints involving Workers.
5. Shifts Client Obligations. Shifts Client will:
5.1 comply with all applicable federal, state and local laws and regulations that apply to Shifts Client and the worksite to which Workers are assigned;
5.2 not permit its managers to cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock” and not pay any wages or salaries directly to any Snagajob Worker without first (i) informing Snagajob in writing of such payment (ii) obtaining Snagajob’s prior written consent;
5.3 be solely responsible for the direction and control of the Snagajob Workers, including the sole and exclusive right to control working conditions and day-to-day job duties while the Snagajob Worker is at Shifts Client’s work location. Shifts Client expressly absolves Snagajob of any responsibility for matters under Shifts Client’s direction and control;
5.4 provide, at its own cost, all tools, safety and work equipment, supplies, and specialized clothing, in good condition, 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 Workers due to their individual needs);
5.5 not change the Services a Snagajob Worker is asked to perform or the risks associated with the Services without Snagajob’s prior written approval;
5.6 direct, control, supervise and safeguard its premises, systems and valuables (including cash, check, credit cards, keys and merchandise) and assign Snagajob Worker only to attended premises and not request or permit a Snagajob Worker to use any vehicle or heavy equipment in connection with the provision of Services;
5.7 cooperate with Snagajob in the investigation and remediation of complaints involving Workers and maintain policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Workers to complain about any such actual or perceived violation;
5.8 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 Occupational Safety and Health Act (“OSHA”) and other workplace safety requirements and be responsible for reporting incidents with regard to Snagajob Workers in compliance with the requirements of OSHA and 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.
6. Independent Contractor Relationship.
6.1. The relationship between Snagajob and Shifts 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.
6.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Shifts Client during the term of this Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
7. Snagajob Workers.
7.2 If Shifts Client hires a Snagajob Worker for a full or part-time employment position with Shifts Client, Shifts Client agrees to notify Snagajob immediately and pay Snagajob the Hiring Fee specified in the Sales Order. Notwithstanding anything to the contrary in the Agreement if Shifts Client hires a Snagajob 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 Worker and its relationship with Shifts Client, effective the date the Snagajob Worker is hired by the Shifts Client.
7.3 Shifts Client agrees that it will not place any Snagajob Worker in a position covered by an employment security clause under a collective bargaining agreement.
8. Confidentiality.
8.1 Snagajob and Shifts Client each (a “Receiving Party”) will hold in confidence, and will use solely for purposes of or as provided in the Agreement, any Confidential Information received by it from the other (a “Disclosing Party”) or derived from Confidential Information received from the other, and will protect the confidentiality of such with the same degree of care that it exercises with respect to its own information of like import, but in no event less than reasonable care, for a period of three years from the date of termination of the Agreement.
8.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
8.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
8.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
8.5 “Confidential Information” means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
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 Shifts Client. Snagajob does not furnish insurance to the Shifts Client for employment practices liability. In the event of a claim against the Shifts Client alleging wrongful termination, harassment, discrimination, failure to accommodate, retaliation, or any other unlawful employment practice by a Snagajob Worker, Shifts Client will immediately notify Snagajob. Snagajob may assist Shifts Client in investigating and responding to such claim and Shifts 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 Shifts Client’s independent management decisions, actions, or non-actions concerning Snagajob Worker. Snagajob does not furnish insurance to the Shifts 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 Shifts Client, Shifts Client acknowledges sole responsibility to maintain adequate supervision, procedures, and controls for such activities and to obtain such bonding or fidelity insurance as Shifts 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 loss, cost, damage and expense (including reasonable attorneys’ fees) claimed by a third party to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or the Terms; or (ii) the indemnifying party’s breach of any applicable law.
10.2 Snagajob is not responsible for any losses related to the acts or omissions of third parties on which Snagajob has relied in providing services hereunder, including, but not limited to, reliance on third party providers of background check services.
10.3 Snagajob will indemnify, defend, and hold the Shifts Client Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees) based upon, any workers’ compensation claim brought by a Snagajob Worker against Shifts 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 Snagajob Worker to provide.
10.4 Shifts Client will indemnify, defend, and hold the Snagajob Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees), based upon any workers’ compensation claim brought by a Snagajob Worker, governmental body or third-party against Snagajob that arises out of Shifts 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 Shifts Client and brought by a third party.
10.5 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.
10.6. The Indemnified Party will have the right to control the defense and settlement 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. Each party’s duty to indemnify the other party is subject to the indemnified party providing the indemnifying party with prompt (within 15 days of the receipt) written notice of the claim, except that any failure to give prompt notice will only relieve the indemnifying Party of its indemnification obligations hereunder to the extent such failure materially prejudices such Party.
11. Disclaimer of Warranties.
THE REPRESENTATIONS AND WARRANTIES MADE BY SNAGAJOB IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED
12. Limitation of Liability.
EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTION 11 ABOVE, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY 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.
13. 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.
14. Miscellaneous.
14.1 The following Sections will survive the termination or expiration of this Agreement: Sections 2, 3, 9 and 11. 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.
14.2 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld; provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Shifts Client’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a subsidiary, business segment, division, business unit, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
14.3 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
14.4 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.5 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
14.6 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
1. A “Posted Shift” is defined as one where a Shifts Client, using the Website or App confirms a location, date, start and end time, and position for which Shifts 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 the Sales Order
2. Snagajob will offer the Posted Shifts to the Snagajob Workers.
3. If Snagajob has not confirmed a Snagajob Worker for Shifts Client’s Posted Shift, no payment will be due from Shifts Client for such Posted Shift and Snag will have no responsibility or liability to Shifts Client for such Posted Shift.
4. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Shifts Client may cancel the Posted Shift without penalty.
5. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Shifts Client wishes to cancel the Posted Shift, Shifts Client will pay 50 percent of the Scheduled Shift Amount. If Shifts Client cancels the confirmed Posted Shift within 2 hours of shift start, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
6. In the event that a Snagajob Worker has begun working a Posted Shift and Shifts Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
7. If Shifts 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, Shifts 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 the Sales Order. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
8. Within 36 hours of receipt of notification to approve a Snagajob Worker’s hour, Shifts Client will review, revise as needed, and approve the Snagajob Worker’s hours. If Shifts Client does not review and approve a Snagajob Worker’s hour within 36 hours, the Snagajob Worker’s reported hours will be deemed to reflect actual hours worked, will bill Shifts Client accordingly, and Shifts Client will accept the charges.
END OF SHIFTS TERMS
Effective August 6th 2021 to May 10th 2022
DownloadTable of Contents
Snagajob Shifts Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 23, 2021
Please read these Snagajob Shifts Terms (the “Shifts Terms”) to the Snagajob General Terms of Use (these “General Terms of Use”) carefully.
These Shifts Terms apply to all client employers who are accessing the Website or using the Services to post solicitation of Snagajob Workers (as defined below) to fill shifts (“Shifts Clients”) or otherwise access any Services designed for Shifts Clients (“Shifts Services”). These Shifts Terms do not apply to the posting of job openings for Job Seekers (which Services are governed by the Employer Terms. These Shifts Terms also govern any Sales Order (as defined below) entered into between you, the Shifts Client, and Snagajob.
THESE SHIFTS TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS A SHIFTS CLIENT OR RELATED TO SHIFTS SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE SHIFTS TERMS REPLACE THE SHIFTS TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE SHIFTS TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE SHIFTS TERMS. THESE SHIFT TERMS SHALL NOT APPLY TO A SALES ORDER IF THE SHIFTS CLIENT AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE SHIFTS TERMS OR THE SHIFTS TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE GENERAL TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Shifts Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Shifts Terms and the General Terms of Use, the provision(s) in these Shifts Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between these Shift Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify these Shifts Terms on a going-forward basis. We will post notice of date of the most recent update by revising the header at the top of this document.
EVERY TIME SHIFTS CLIENT USES THE SHIFTS SERVICES, SHIFTS CLIENT ACKNOWLEDGES AND AGREES TO THESE SHIFTS TERMS AND THE GENERAL TERMS OF USE
1. Shifts Services.
1.1 Shifts Client and Snagajob agree that Snagajob will provide or make available to Shifts Client, and Shifts Client will purchase and pay for, the Shifts services which will include recruitment, onboarding, and staffing with Snagajob Workers to fill shifts (“Shifts Services”).
1.2 “Snagajob Workers” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts that Shifts Client posts to the Snagajob application (the “App”).
1.3 Provision of the Shifts Services is subject to the Scheduling Code of Conduct, attached as Exhibit A to these Shifts Terms.
2. Payments.
2.1 Shifts Client agrees to pay for all of the Shifts Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Shifts Services and Hiring Fees will be billed to Shifts Client’s credit card weekly or paid by ACH transfer weekly.
2.3 If any such payment is not paid when due hereunder Snagajob may suspend the delivery of Shifts Services to Shifts Client until payment is made. Shifts Client agrees to pay Snagajob interest on such overdue payment at the rate of 1.5% 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, reasonable attorneys’ fees and costs.
3. Term and Termination of Sales Orders
3.2 Shifts Client may terminate a Sales Order prior to the applicable scheduled termination date(s) if (i) Snagajob ceases its business activities, makes a general assignment for the benefit of creditors, or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding or (ii) Shifts Client gives 30 days written notice of termination to Snagajob.
3.3 Snagajob may terminate a Sales Order prior to the applicable scheduled termination date(s) if: (i) Shifts Client breaches any provision of the Agreement; (ii) Shifts Client ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Shifts Client.
3.4 Shifts Client will pay all fees owed for Shifts Services performed, or Hiring Fees incurred, through the termination date of a Sales Order.
4. Snagajob Obligations. Snagajob will:
4.2 be responsible for recruiting, screening and obtaining background checks on all Snagajob Workers;
4.3 provide employee benefits and timely pay Snagajob Workers for all Services they perform for Shifts Client pursuant to the Agreement and be solely responsible for the withholding and payment of any payroll deductions and taxes;
4.4 direct and control Snagajob Workers in hiring, compensation, scheduling, discipline, and termination;
4.5 be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers;
4.6 treat all Snagajob Workers as non-exempt, in order to ensure accurate calculation of fees and proper withholding and reporting of taxes;
4.7 not offer to settle or compromise any claim brought by a Snagajob Worker against Shifts Client except with Shifts Client’s advance written consent.
4.8 Cooperate with Shifts Client in the investigation and remediation of complaints involving Workers.
5. Shifts Client Obligations. Shifts Client will:
5.1 comply with all applicable federal, state and local laws and regulations that apply to Shifts Client and the worksite to which Workers are assigned;
5.2 not permit its managers to cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock” and not pay any wages or salaries directly to any Snagajob Worker without first (i) informing Snagajob in writing of such payment (ii) obtaining Snagajob’s prior written consent;
5.3 be solely responsible for the direction and control of the Snagajob Workers, including the sole and exclusive right to control working conditions and day-to-day job duties while the Snagajob Worker is at Shifts Client’s work location. Shifts Client expressly absolves Snagajob of any responsibility for matters under Shifts Client’s direction and control;
5.4 provide, at its own cost, all tools, safety and work equipment, supplies, and specialized clothing, in good condition, 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 Workers due to their individual needs);
5.5 not change the Services a Snagajob Worker is asked to perform or the risks associated with the Services without Snagajob’s prior written approval;
5.6 direct, control, supervise and safeguard its premises, systems and valuables (including cash, check, credit cards, keys and merchandise) and assign Snagajob Worker only to attended premises and not request or permit a Snagajob Worker to use any vehicle or heavy equipment in connection with the provision of Services;
5.7 cooperate with Snagajob in the investigation and remediation of complaints involving Workers and maintain policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Workers to complain about any such actual or perceived violation;
5.8 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 Occupational Safety and Health Act (“OSHA”) and other workplace safety requirements and be responsible for reporting incidents with regard to Snagajob Workers in compliance with the requirements of OSHA and 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.
6. Independent Contractor Relationship.
6.1. The relationship between Snagajob and Shifts 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.
6.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Shifts Client during the term of this Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
7. Snagajob Workers.
7.2 If Shifts Client hires a Snagajob Worker for a full or part-time employment position with Shifts Client, Shifts Client agrees to notify Snagajob immediately and pay Snagajob the Hiring Fee specified in the Sales Order. Notwithstanding anything to the contrary in the Agreement if Shifts Client hires a Snagajob 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 Worker and its relationship with Shifts Client, effective the date the Snagajob Worker is hired by the Shifts Client.
7.3 Shifts Client agrees that it will not place any Snagajob Worker in a position covered by an employment security clause under a collective bargaining agreement.
8. Confidentiality.
8.1 Snagajob and Shifts Client each (a “Receiving Party”) will hold in confidence, and will use solely for purposes of or as provided in the Agreement, any Confidential Information received by it from the other (a “Disclosing Party”) or derived from Confidential Information received from the other, and will protect the confidentiality of such with the same degree of care that it exercises with respect to its own information of like import, but in no event less than reasonable care, for a period of three years from the date of termination of the Agreement.
8.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
8.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
8.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
8.5 “Confidential Information” means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
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 Shifts Client. Snagajob does not furnish insurance to the Shifts Client for employment practices liability. In the event of a claim against the Shifts Client alleging wrongful termination, harassment, discrimination, failure to accommodate, retaliation, or any other unlawful employment practice by a Snagajob Worker, Shifts Client will immediately notify Snagajob. Snagajob may assist Shifts Client in investigating and responding to such claim and Shifts 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 Shifts Client’s independent management decisions, actions, or non-actions concerning Snagajob Worker. Snagajob does not furnish insurance to the Shifts 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 Shifts Client, Shifts Client acknowledges sole responsibility to maintain adequate supervision, procedures, and controls for such activities and to obtain such bonding or fidelity insurance as Shifts 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 loss, cost, damage and expense (including reasonable attorneys’ fees) claimed by a third party to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or the Terms; or (ii) the indemnifying party’s breach of any applicable law.
10.2 Snagajob is not responsible for any losses related to the acts or omissions of third parties on which Snagajob has relied in providing services hereunder, including, but not limited to, reliance on third party providers of background check services.
10.3 Snagajob will indemnify, defend, and hold the Shifts Client Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees) based upon, any workers’ compensation claim brought by a Snagajob Worker against Shifts 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 Snagajob Worker to provide.
10.4 Shifts Client will indemnify, defend, and hold the Snagajob Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees), based upon any workers’ compensation claim brought by a Snagajob Worker, governmental body or third-party against Snagajob that arises out of Shifts 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 Shifts Client and brought by a third party.
10.5 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.
10.6. The Indemnified Party will have the right to control the defense and settlement 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. Each party’s duty to indemnify the other party is subject to the indemnified party providing the indemnifying party with prompt (within 15 days of the receipt) written notice of the claim, except that any failure to give prompt notice will only relieve the indemnifying Party of its indemnification obligations hereunder to the extent such failure materially prejudices such Party.
11. Disclaimer of Warranties.
THE REPRESENTATIONS AND WARRANTIES MADE BY SNAGAJOB IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED
12. Limitation of Liability.
EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTION 11 ABOVE, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY 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.
13. 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.
14. Miscellaneous.
14.1 The following Sections will survive the termination or expiration of this Agreement: Sections 2, 3, 9 and 11. 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.
14.2 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld; provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Shifts Client’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a subsidiary, business segment, division, business unit, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
14.3 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
14.4 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.5 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
14.6 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
1. A “Posted Shift” is defined as one where a Shifts Client, using the Website or App confirms a location, date, start and end time, and position for which Shifts 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 the Sales Order
2. Snagajob will offer the Posted Shifts to the Snagajob Workers.
3. If Snagajob has not confirmed a Snagajob Worker for Shifts Client’s Posted Shift, no payment will be due from Shifts Client for such Posted Shift and Snag will have no responsibility or liability to Shifts Client for such Posted Shift.
4. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Shifts Client may cancel the Posted Shift without penalty.
5. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Shifts Client wishes to cancel the Posted Shift, Shifts Client will pay 50 percent of the Scheduled Shift Amount. If Shifts Client cancels the confirmed Posted Shift within 2 hours of shift start, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
6. In the event that a Snagajob Worker has begun working a Posted Shift and Shifts Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
7. If Shifts 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, Shifts 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 the Sales Order. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
8. Within 36 hours of receipt of notification to approve a Snagajob Worker’s hour, Shifts Client will review, revise as needed, and approve the Snagajob Worker’s hours. If Shifts Client does not review and approve a Snagajob Worker’s hour within 36 hours, the Snagajob Worker’s reported hours will be deemed to reflect actual hours worked, will bill Shifts Client accordingly, and Shifts Client will accept the charges.
END OF SHIFTS TERMS
Effective July 23rd 2021 to August 6th 2021
DownloadTable of Contents
Snagajob Shifts Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 23, 2021
Please read these Snagajob Shifts Terms (the “Shifts Terms”) to the Snagajob General Terms of Use (these “General Terms of Use”) carefully.
These Shifts Terms apply to all client employers who are accessing the Website or using the Services to post solicitation of Snagajob Workers (as defined below) to fill shifts (“Shifts Clients”) or otherwise access any Services designed for Shifts Clients (“Shifts Services”). These Shifts Terms do not apply to the posting of job openings for Job Seekers (which Services are governed by the Employer Terms. These Shifts Terms also govern any Sales Order (as defined below) entered into between you, the Shifts Client, and Snagajob.
THESE SHIFTS TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS A SHIFTS CLIENT OR RELATED TO SHIFTS SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE SHIFTS TERMS REPLACE THE SHIFTS TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE SHIFTS TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE SHIFTS TERMS. THESE SHIFT TERMS SHALL NOT APPLY TO A SALES ORDER IF THE SHIFTS CLIENT AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE SHIFTS TERMS OR THE SHIFTS TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE GENERAL TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Shifts Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Shifts Terms and the General Terms of Use, the provision(s) in these Shifts Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between these Shift Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify these Shifts Terms on a going-forward basis. We will post notice of date of the most recent update by revising the header at the top of this document.
EVERY TIME SHIFTS CLIENT USES THE SHIFTS SERVICES, SHIFTS CLIENT ACKNOWLEDGES AND AGREES TO THESE SHIFTS TERMS AND THE GENERAL TERMS OF USE
1. Shifts Services.
1.1 Shifts Client and Snagajob agree that Snagajob will provide or make available to Shifts Client, and Shifts Client will purchase and pay for, the Shifts services which will include recruitment, onboarding, and staffing with Snagajob Workers to fill shifts (“Shifts Services”).
1.2 “Snagajob Workers” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts that Shifts Client posts to the Snagajob application (the “App”).
1.3 Provision of the Shifts Services is subject to the Scheduling Code of Conduct, attached as Exhibit A to these Shifts Terms.
2. Payments.
2.1 Shifts Client agrees to pay for all of the Shifts Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Shifts Services and Hiring Fees will be billed to Shifts Client’s credit card weekly or paid by ACH transfer weekly.
2.3 If any such payment is not paid when due hereunder Snagajob may suspend the delivery of Shifts Services to Shifts Client until payment is made. Shifts Client agrees to pay Snagajob interest on such overdue payment at the rate of 1.5% 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, reasonable attorneys’ fees and costs.
3. Term and Termination of Sales Orders
3.2 Shifts Client may terminate a Sales Order prior to the applicable scheduled termination date(s) if (i) Snagajob ceases its business activities, makes a general assignment for the benefit of creditors, or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding or (ii) Shifts Client gives 30 days written notice of termination to Snagajob.
3.3 Snagajob may terminate a Sales Order prior to the applicable scheduled termination date(s) if: (i) Shifts Client breaches any provision of the Agreement; (ii) Shifts Client ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Shifts Client.
3.4 Shifts Client will pay all fees owed for Shifts Services performed, or Hiring Fees incurred, through the termination date of a Sales Order.
4. Snagajob Obligations. Snagajob will:
4.2 be responsible for recruiting, screening and obtaining background checks on all Snagajob Workers;
4.3 provide employee benefits and timely pay Snagajob Workers for all Services they perform for Shifts Client pursuant to the Agreement and be solely responsible for the withholding and payment of any payroll deductions and taxes;
4.4 direct and control Snagajob Workers in hiring, compensation, scheduling, discipline, and termination;
4.5 be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers;
4.6 treat all Snagajob Workers as non-exempt, in order to ensure accurate calculation of fees and proper withholding and reporting of taxes;
4.7 not offer to settle or compromise any claim brought by a Snagajob Worker against Shifts Client except with Shifts Client’s advance written consent.
4.8 Cooperate with Shifts Client in the investigation and remediation of complaints involving Workers.
5. Shifts Client Obligations. Shifts Client will:
5.1 comply with all applicable federal, state and local laws and regulations that apply to Shifts Client and the worksite to which Workers are assigned;
5.2 not permit its managers to cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock” and not pay any wages or salaries directly to any Snagajob Worker without first (i) informing Snagajob in writing of such payment (ii) obtaining Snagajob’s prior written consent;
5.3 be solely responsible for the direction and control of the Snagajob Workers, including the sole and exclusive right to control working conditions and day-to-day job duties while the Snagajob Worker is at Shifts Client’s work location. Shifts Client expressly absolves Snagajob of any responsibility for matters under Shifts Client’s direction and control;
5.4 provide, at its own cost, all tools, safety and work equipment, supplies, and specialized clothing, in good condition, 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 Workers due to their individual needs);
5.5 not change the Services a Snagajob Worker is asked to perform or the risks associated with the Services without Snagajob’s prior written approval;
5.6 direct, control, supervise and safeguard its premises, systems and valuables (including cash, check, credit cards, keys and merchandise) and assign Snagajob Worker only to attended premises and not request or permit a Snagajob Worker to use any vehicle or heavy equipment in connection with the provision of Services;
5.7 cooperate with Snagajob in the investigation and remediation of complaints involving Workers and maintain policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Workers to complain about any such actual or perceived violation;
5.8 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 Occupational Safety and Health Act (“OSHA”) and other workplace safety requirements and be responsible for reporting incidents with regard to Snagajob Workers in compliance with the requirements of OSHA and 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.
6. Independent Contractor Relationship.
6.1. The relationship between Snagajob and Shifts 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.
6.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Shifts Client during the term of this Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
7. Snagajob Workers.
7.2 If Shifts Client hires a Snagajob Worker for a full or part-time employment position with Shifts Client, Shifts Client agrees to notify Snagajob immediately and pay Snagajob the Hiring Fee specified in the Sales Order. Notwithstanding anything to the contrary in the Agreement if Shifts Client hires a Snagajob 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 Worker and its relationship with Shifts Client, effective the date the Snagajob Worker is hired by the Shifts Client.
7.3 Shifts Client agrees that it will not place any Snagajob Worker in a position covered by an employment security clause under a collective bargaining agreement.
8. Confidentiality.
8.1 Snagajob and Shifts Client each (a “Receiving Party”) will hold in confidence, and will use solely for purposes of or as provided in the Agreement, any Confidential Information received by it from the other (a “Disclosing Party”) or derived from Confidential Information received from the other, and will protect the confidentiality of such with the same degree of care that it exercises with respect to its own information of like import, but in no event less than reasonable care, for a period of three years from the date of termination of the Agreement.
8.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
8.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
8.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
8.5 “Confidential Information” means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
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 Shifts Client. Snagajob does not furnish insurance to the Shifts Client for employment practices liability. In the event of a claim against the Shifts Client alleging wrongful termination, harassment, discrimination, failure to accommodate, retaliation, or any other unlawful employment practice by a Snagajob Worker, Shifts Client will immediately notify Snagajob. Snagajob may assist Shifts Client in investigating and responding to such claim and Shifts 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 Shifts Client’s independent management decisions, actions, or non-actions concerning Snagajob Worker. Snagajob does not furnish insurance to the Shifts 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 Shifts Client, Shifts Client acknowledges sole responsibility to maintain adequate supervision, procedures, and controls for such activities and to obtain such bonding or fidelity insurance as Shifts 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 loss, cost, damage and expense (including reasonable attorneys’ fees) claimed by a third party to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or the Terms; or (ii) the indemnifying party’s breach of any applicable law.
10.2 Snagajob is not responsible for any losses related to the acts or omissions of third parties on which Snagajob has relied in providing services hereunder, including, but not limited to, reliance on third party providers of background check services.
10.3 Snagajob will indemnify, defend, and hold the Shifts Client Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees) based upon, any workers’ compensation claim brought by a Snagajob Worker against Shifts 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 Snagajob Worker to provide.
10.4 Shifts Client will indemnify, defend, and hold the Snagajob Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees), based upon any workers’ compensation claim brought by a Snagajob Worker, governmental body or third-party against Snagajob that arises out of Shifts 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 Shifts Client and brought by a third party.
10.5 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.
10.6. The Indemnified Party will have the right to control the defense and settlement 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. Each party’s duty to indemnify the other party is subject to the indemnified party providing the indemnifying party with prompt (within 15 days of the receipt) written notice of the claim, except that any failure to give prompt notice will only relieve the indemnifying Party of its indemnification obligations hereunder to the extent such failure materially prejudices such Party.
11. Disclaimer of Warranties.
THE REPRESENTATIONS AND WARRANTIES MADE BY SNAGAJOB IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED
12. Limitation of Liability.
EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTION 11 ABOVE, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY 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.
13. 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.
14. Miscellaneous.
14.1 The following Sections will survive the termination or expiration of this Agreement: Sections 2, 3, 9 and 11. 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.
14.2 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld; provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Shifts Client’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a subsidiary, business segment, division, business unit, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
14.3 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
14.4 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.5 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
14.6 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
1. A “Posted Shift” is defined as one where a Shifts Client, using the Website or App confirms a location, date, start and end time, and position for which Shifts 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 the Sales Order
2. Snagajob will offer the Posted Shifts to the Snagajob Workers.
3. If Snagajob has not confirmed a Snagajob Worker for Shifts Client’s Posted Shift, no payment will be due from Shifts Client for such Posted Shift and Snag will have no responsibility or liability to Shifts Client for such Posted Shift.
4. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Shifts Client may cancel the Posted Shift without penalty.
5. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Shifts Client wishes to cancel the Posted Shift, Shifts Client will pay 50 percent of the Scheduled Shift Amount. If Shifts Client cancels the confirmed Posted Shift within 2 hours of shift start, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
6. In the event that a Snagajob Worker has begun working a Posted Shift and Shifts Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
7. If Shifts 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, Shifts 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 the Sales Order. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
8. Within 36 hours of receipt of notification to approve a Snagajob Worker’s hour, Shifts Client will review, revise as needed, and approve the Snagajob Worker’s hours. If Shifts Client does not review and approve a Snagajob Worker’s hour within 36 hours, the Snagajob Worker’s reported hours will be deemed to reflect actual hours worked, will bill Shifts Client accordingly, and Shifts Client will accept the charges.
END OF SHIFTS TERMS
Effective July 23rd 2021 to July 23rd 2021
DownloadTable of Contents
Snagajob Shifts Terms
Effective Dates:
For users new to Snagajob on or after July 23, 2021: Immediately
For all other users: August 6, 2021
Last Updated Date: July 23, 2021
Please read these Snagajob Shifts Terms (the “Shifts Terms”) to the Snagajob General Terms of Use (these “General Terms of Use”) carefully.
These Shifts Terms apply to all client employers who are accessing the Website or using the Services to post solicitation of Snagajob Workers (as defined below) to fill shifts (“Shifts Clients”) or otherwise access any Services designed for Shifts Clients (“Shifts Services”). These Shifts Terms do not apply to the posting of job openings for Job Seekers (which Services are governed by the Employer Terms. These Shifts Terms also govern any Sales Order (as defined below) entered into between you, the Shifts Client, and Snagajob.
THESE SHIFTS TERMS, AS INCORPORATED INTO THE GENERAL TERMS OF USE, AND COMBINED WITH ANY AND ALL SALES ORDERS ENTERED INTO BY SNAGAJOB AND YOU, THE EMPLOYER (“SALES ORDERS”) SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AS A SHIFTS CLIENT OR RELATED TO SHIFTS SERVICES (COLLECTIVELY, THE “AGREEMENT”). THESE SHIFTS TERMS REPLACE THE SHIFTS TERMS OF USE AS OF THE EFFECTIVE DATE SET FORTH ABOVE AND ALL REFERENCES TO THE SHIFTS TERMS OF USE SHALL BE DEEMED TO BE REFERENCES TO THESE SHIFTS TERMS. THESE SHIFT TERMS SHALL NOT APPLY TO A SALES ORDER IF THE SHIFTS CLIENT AND SNAGAJOB HAVE MUTUALLY EXECUTED A MASTER SERVICE AGREEMENT OR SIMILAR DOCUMENT THAT DOES NOT INCORPORATE THESE SHIFTS TERMS OR THE SHIFTS TERMS OF USE (AN “MSA”) AND ANY PROVISION OF THE GENERAL TERMS THAT IS INCONSISTENT WITH THE MSA WILL BE OF NO FORCE OR EFFECT.
These Shifts Terms are hereby incorporated into the General Terms of Use. To the extent that there is any conflict between these Shifts Terms and the General Terms of Use, the provision(s) in these Shifts Terms will prevail, but solely to the extent such conflict exists. To the extent that there is any conflict between these Shift Terms and a Sales Order, the provision(s) in the Sales Order will prevail, but solely to the extent such conflict exists. Capitalized terms not otherwise defined herein will have the meaning set forth in the General Terms of Use. We may at our sole discretion modify these Shifts Terms on a going-forward basis. We will post notice of date of the most recent update by revising the header at the top of this document.
EVERY TIME SHIFTS CLIENT USES THE SHIFTS SERVICES, SHIFTS CLIENT ACKNOWLEDGES AND AGREES TO THESE SHIFTS TERMS AND THE GENERAL TERMS OF USE
1. Shifts Services.
1.1 Shifts Client and Snagajob agree that Snagajob will provide or make available to Shifts Client, and Shifts Client will purchase and pay for, the Shifts services which will include recruitment, onboarding, and staffing with Snagajob Workers to fill shifts (“Shifts Services”).
1.2 “Snagajob Workers” means workers recruited, screened, background checked and employed by Snagajob who are available to fill shifts that Shifts Client posts to the Snagajob application (the “App”).
1.3 Provision of the Shifts Services is subject to the Scheduling Code of Conduct, attached as Exhibit A to these Shifts Terms.
2. Payments.
2.1 Shifts Client agrees to pay for all of the Shifts Services at the prices and rates specified in the Sales Order without offset or deduction.
2.2 Shifts Services and Hiring Fees will be billed to Shifts Client’s credit card weekly or paid by ACH transfer weekly.
2.3 If any such payment is not paid when due hereunder Snagajob may suspend the delivery of Shifts Services to Shifts Client until payment is made. Shifts Client agrees to pay Snagajob interest on such overdue payment at the rate of 1.5% 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, reasonable attorneys’ fees and costs.
3. Term and Termination of Sales Orders
3.2 Shifts Client may terminate a Sales Order prior to the applicable scheduled termination date(s) if (i) Snagajob ceases its business activities, makes a general assignment for the benefit of creditors, or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding or (ii) Shifts Client gives 30 days written notice of termination to Snagajob.
3.3 Snagajob may terminate a Sales Order prior to the applicable scheduled termination date(s) if: (i) Shifts Client breaches any provision of the Agreement; (ii) Shifts Client ceases its business activities, makes a general assignment for the benefit of creditors or becomes the subject of a voluntary or involuntary bankruptcy or insolvency proceeding; or (iii) Snagajob gives 30 days written notice of termination to Shifts Client.
3.4 Shifts Client will pay all fees owed for Shifts Services performed, or Hiring Fees incurred, through the termination date of a Sales Order.
4. Snagajob Obligations. Snagajob will:
4.2 be responsible for recruiting, screening and obtaining background checks on all Snagajob Workers;
4.3 provide employee benefits and timely pay Snagajob Workers for all Services they perform for Shifts Client pursuant to the Agreement and be solely responsible for the withholding and payment of any payroll deductions and taxes;
4.4 direct and control Snagajob Workers in hiring, compensation, scheduling, discipline, and termination;
4.5 be responsible for compliance with the Affordable Care Act (“ACA”) as it may pertain to the Snagajob Workers;
4.6 treat all Snagajob Workers as non-exempt, in order to ensure accurate calculation of fees and proper withholding and reporting of taxes;
4.7 not offer to settle or compromise any claim brought by a Snagajob Worker against Shifts Client except with Shifts Client’s advance written consent.
4.8 Cooperate with Shifts Client in the investigation and remediation of complaints involving Workers.
5. Shifts Client Obligations. Shifts Client will:
5.1 comply with all applicable federal, state and local laws and regulations that apply to Shifts Client and the worksite to which Workers are assigned;
5.2 not permit its managers to cause a Snagajob Worker to work time that is not recorded to Snagajob or is otherwise “off the clock” and not pay any wages or salaries directly to any Snagajob Worker without first (i) informing Snagajob in writing of such payment (ii) obtaining Snagajob’s prior written consent;
5.3 be solely responsible for the direction and control of the Snagajob Workers, including the sole and exclusive right to control working conditions and day-to-day job duties while the Snagajob Worker is at Shifts Client’s work location. Shifts Client expressly absolves Snagajob of any responsibility for matters under Shifts Client’s direction and control;
5.4 provide, at its own cost, all tools, safety and work equipment, supplies, and specialized clothing, in good condition, 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 Workers due to their individual needs);
5.5 not change the Services a Snagajob Worker is asked to perform or the risks associated with the Services without Snagajob’s prior written approval;
5.6 direct, control, supervise and safeguard its premises, systems and valuables (including cash, check, credit cards, keys and merchandise) and assign Snagajob Worker only to attended premises and not request or permit a Snagajob Worker to use any vehicle or heavy equipment in connection with the provision of Services;
5.7 cooperate with Snagajob in the investigation and remediation of complaints involving Workers and maintain policies prohibiting discrimination, harassment and retaliation against Snagajob Workers and to provide reasonable avenues to permit Workers to complain about any such actual or perceived violation;
5.8 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 Occupational Safety and Health Act (“OSHA”) and other workplace safety requirements and be responsible for reporting incidents with regard to Snagajob Workers in compliance with the requirements of OSHA and 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.
6. Independent Contractor Relationship.
6.1. The relationship between Snagajob and Shifts 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.
6.2 Nothing in the Agreement will prohibit Snagajob from performing similar services for entities other than Shifts Client during the term of this Agreement, so long as Snagajob’s actions do not otherwise violate the terms of this Agreement.
7. Snagajob Workers.
7.2 If Shifts Client hires a Snagajob Worker for a full or part-time employment position with Shifts Client, Shifts Client agrees to notify Snagajob immediately and pay Snagajob the Hiring Fee specified in the Sales Order. Notwithstanding anything to the contrary in the Agreement if Shifts Client hires a Snagajob 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 Worker and its relationship with Shifts Client, effective the date the Snagajob Worker is hired by the Shifts Client.
7.3 Shifts Client agrees that it will not place any Snagajob Worker in a position covered by an employment security clause under a collective bargaining agreement.
8. Confidentiality.
8.1 Snagajob and Shifts Client each (a “Receiving Party”) will hold in confidence, and will use solely for purposes of or as provided in the Agreement, any Confidential Information received by it from the other (a “Disclosing Party”) or derived from Confidential Information received from the other, and will protect the confidentiality of such with the same degree of care that it exercises with respect to its own information of like import, but in no event less than reasonable care, for a period of three years from the date of termination of the Agreement.
8.2 If a Receiving Party is required by legal, judicial or administrative process or applicable laws (including federal securities laws) to disclose Confidential Information of the other party, the party required to disclose such information will give the other party notice of the required disclosure and cooperate, at the expense of the other party, in seeking to quash or limit the disclosure.
8.3 All material containing Confidential Information of the other party will at the request of the other party be returned or destroyed upon termination of the Agreement, excluding materials that a Receiving Party is required to retain by applicable law or internal retention policies, or that are automatically retained as part of a computer back-up, recovery or similar archival or disaster recovery system.
8.4 Any breach of the restrictions on use of Confidential Information hereunder will cause irreparable injury and the party disclosing such Confirmation Information has, without limitation, the right to seek injunctive relief, without bond and without prejudice to any other rights and remedies that may be available at law or equity for a breach or threatened breach of such restrictions.
8.5 “Confidential Information” means proprietary or trade secret information which, if disclosed in tangible or electronic form bears a confidentiality legend and if disclosed orally is identified as confidential at the time of disclosure or is information of a type that a reasonable person would understand is confidential or proprietary.
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 Shifts Client. Snagajob does not furnish insurance to the Shifts Client for employment practices liability. In the event of a claim against the Shifts Client alleging wrongful termination, harassment, discrimination, failure to accommodate, retaliation, or any other unlawful employment practice by a Snagajob Worker, Shifts Client will immediately notify Snagajob. Snagajob may assist Shifts Client in investigating and responding to such claim and Shifts 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 Shifts Client’s independent management decisions, actions, or non-actions concerning Snagajob Worker. Snagajob does not furnish insurance to the Shifts 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 Shifts Client, Shifts Client acknowledges sole responsibility to maintain adequate supervision, procedures, and controls for such activities and to obtain such bonding or fidelity insurance as Shifts 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 loss, cost, damage and expense (including reasonable attorneys’ fees) claimed by a third party to the extent that such arise directly out of: (i) the indemnifying party’s material breach of the Agreement or the Terms; or (ii) the indemnifying party’s breach of any applicable law.
10.2 Snagajob is not responsible for any losses related to the acts or omissions of third parties on which Snagajob has relied in providing services hereunder, including, but not limited to, reliance on third party providers of background check services.
10.3 Snagajob will indemnify, defend, and hold the Shifts Client Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees) based upon, any workers’ compensation claim brought by a Snagajob Worker against Shifts 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 Snagajob Worker to provide.
10.4 Shifts Client will indemnify, defend, and hold the Snagajob Indemnified Parties harmless from and against any and all loss, cost, damage and expense (including reasonable attorneys’ fees), based upon any workers’ compensation claim brought by a Snagajob Worker, governmental body or third-party against Snagajob that arises out of Shifts 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 Shifts Client and brought by a third party.
10.5 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.
10.6. The Indemnified Party will have the right to control the defense and settlement 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. Each party’s duty to indemnify the other party is subject to the indemnified party providing the indemnifying party with prompt (within 15 days of the receipt) written notice of the claim, except that any failure to give prompt notice will only relieve the indemnifying Party of its indemnification obligations hereunder to the extent such failure materially prejudices such Party.
11. Disclaimer of Warranties.
THE REPRESENTATIONS AND WARRANTIES MADE BY SNAGAJOB IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER REPRESENTATIONS AND WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED
12. Limitation of Liability.
EXCEPT FOR CLAIMS FOR INDEMNIFICATION UNDER SECTION 11 ABOVE, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY 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.
13. 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.
14. Miscellaneous.
14.1 The following Sections will survive the termination or expiration of this Agreement: Sections 2, 3, 9 and 11. 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.
14.2 Neither party may assign any Sales Order, in whole or in part, without the prior written consent of the other party, which consent will not be unreasonably withheld; provided that Snagajob may assign its rights and obligations under this Agreement, in whole or in part, without the Shifts Client’s consent, as follows: (i) to any Snagajob affiliate; or (ii) in connection with the sale of a subsidiary, business segment, division, business unit, or product line or other divestment or sale or disposition of assets or any merger, stock purchase, or other acquisition involving Snagajob. Any attempted assignment by a party not in accordance herewith will be null and void and of no force or effect.
14.3 ALL DISPUTES RELATED TO THIS AGREEMENT MUST BE BROUGHT IN A STATE OR FEDERAL COURT OF COMPETENT JURISDICTION AND SHALL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF DELAWARE WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION.
14.4 Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
14.5 If any portion of this Agreement is held invalid or unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.
14.6 The Agreement constitutes the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
EXHIBIT A: SCHEDULING CODE OF CONDUCT
1. A “Posted Shift” is defined as one where a Shifts Client, using the Website or App confirms a location, date, start and end time, and position for which Shifts 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 the Sales Order
2. Snagajob will offer the Posted Shifts to the Snagajob Workers.
3. If Snagajob has not confirmed a Snagajob Worker for Shifts Client’s Posted Shift, no payment will be due from Shifts Client for such Posted Shift and Snag will have no responsibility or liability to Shifts Client for such Posted Shift.
4. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Shifts Client may cancel the Posted Shift without penalty.
5. If Snagajob has confirmed a Snagajob Worker for Shifts Client’s Posted Shift and the shift is scheduled to begin within 24 to 2 hours and Shifts Client wishes to cancel the Posted Shift, Shifts Client will pay 50 percent of the Scheduled Shift Amount. If Shifts Client cancels the confirmed Posted Shift within 2 hours of shift start, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
6. In the event that a Snagajob Worker has begun working a Posted Shift and Shifts Client sends the Snagajob Worker home before the Posted Shift is scheduled to end, Shifts Client will pay 100 percent of the Scheduled Shift Amount.
7. If Shifts 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, Shifts 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 the Sales Order. Snagajob Worker is under no obligation to work beyond the end time set forth in the Posted Shift.
8. Within 36 hours of receipt of notification to approve a Snagajob Worker’s hour, Shifts Client will review, revise as needed, and approve the Snagajob Worker’s hours. If Shifts Client does not review and approve a Snagajob Worker’s hour within 36 hours, the Snagajob Worker’s reported hours will be deemed to reflect actual hours worked, will bill Shifts Client accordingly, and Shifts Client will accept the charges.
END OF SHIFTS TERMS
Effective January 26th 2021 to July 23rd 2021
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 Worker in a position covered by an employment secuirity clause under 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 October 30th 2020 to January 26th 2021
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 5th 2020 to October 30th 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 24th 2020 to August 5th 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 6th 2020 to June 24th 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 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 Agreement. A copy of any notice to Snag Work will be sent to legal@snag.co.
12. Miscellaneous
12.1 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.
12.2 The following Sections will survive the termination or expiration of this Agreement: Sections 2, 5, 6, 7, 8, 9 and 10. 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.
12.3 Any claim for damages or other legal remedy under this Agreement must be brought within three years from the date of the event from which such claim arises.
12.4 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.
12.5 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.
12.6 Neither Party may assign, or otherwise transfer, any of its obligations and rights under the terms of this Agreement except that Snag Work may assign its rights and obligations under this Agreement as follows: (i) to a purchaser of all or substantially all of Snag Work’s assets, (ii) to an entity that Snag Work owns or that is owned by Snag Work’s parent company, or (iii) with the advanced written consent of the other party.
12.7 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.
12.8 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.
12.9 These Terms and the Agreement, including its exhibits, 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. These Terms and the Agreement may be amended from time to time by Snag Work and Snag Work shall post notice of such amendment on its website.
Exhibit A: Scheduling Code of Conduct
- A “Posted Shift” is defined as one where a Client, using the Snag Work web application, confirms a location, date, start and end time, and position for which Client needs Snag Work to find a qualified Worker. A “Scheduled Shift Amount” is the amount of money due per the terms of the Posted Shift and Exhibit B.
- Snag Work will offer the Posted Shifts to the Workers.
- If Snag Work has not confirmed a Worker for Client’s Posted Shift, no payment will be due from Client for such Posted Shift and Snag will have no responsibility or liability to Client for such Posted Shift.
- If Snag Work has confirmed a Worker for Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Client may cancel the Posted Shift without penalty.
- If Snag Work has confirmed a 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 Worker has begun working a Posted Shift and Client sends the 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 Worker after Worker has begun working and Worker has agreed to the extension, Client will pay for total amount worked by Worker instead of Scheduled Shift Amount, as determined by the number of hours actually worked and the terms of Exhibit A. 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 Worker’s hours, Client will review, revise as needed, and approve the Worker’s hours. If Client does not review and approve a Worker’s hours within 36 hours, Snag Work will assume the Worker’s reported hours reflect actual hours worked, will bill Client accordingly, and Client will accept the charges.
Effective May 6th 2020 to May 6th 2020
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Table of Contents
- A “Posted Shift” is defined as one where a Client, using the Snag Work web application, confirms a location, date, start and end time, and position for which Client needs Snag Work to find a qualified Worker. A “Scheduled Shift Amount” is the amount of money due per the terms of the Posted Shift and Exhibit B.
- Snag Work will offer the Posted Shifts to the Workers.
- If Snag Work has not confirmed a Worker for Client’s Posted Shift, no payment will be due from Client for such Posted Shift and Snag will have no responsibility or liability to Client for such Posted Shift.
- If Snag Work has confirmed a Worker for Client’s Posted Shift and the shift is not scheduled to begin within 24 hours, Client may cancel the Posted Shift without penalty.
- If Snag Work has confirmed a 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 Worker has begun working a Posted Shift and Client sends the 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 Worker after Worker has begun working and Worker has agreed to the extension, Client will pay for total amount worked by Worker instead of Scheduled Shift Amount, as determined by the number of hours actually worked and the terms of Exhibit A. 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 Worker’s hours, Client will review, revise as needed, and approve the Worker’s hours. If Client does not review and approve a Worker’s hours within 36 hours, Snag Work will assume the Worker’s reported hours reflect actual hours worked, will bill Client accordingly, and Client will accept the charges.
Effective May 5th 2020 to May 6th 2020
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Complaint Procedure Regarding Content Posted on the SnagAJob.com Websites or Apps.
Snagajob Privacy Policy
Effective September 5th 2024
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Snagajob Privacy Policy
1. The Information We Collect
- Information You Provide to Us
- Account Creation. When you create an account to use the Services, we may collect certain information you provide us, such as contact information, other registration and account information (such as username, password, and work history and preferences), and account security information.
- Profile Creation. When you create a profile on the Services, we may collect certain information you provide us, such as contact information (including your name, phone number, and email address), educational and work history and compensation, date of birth, skills, interests, citizenship status and U.S. work eligibility, references, job and career preferences, location and postal address information (including city, state, and ZIP code), and other profile information (such as your bio and picture). 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.
- Job Application Process. When you apply for a job using the Services, you may provide contact information (including your name, phone number, and email address), date of birth, educational and work history and compensation, professional licenses, skills, and memberships, interests, citizenship status and U.S. work eligibility, job and career preferences, location and postal address information (including city, state, and ZIP code), demographic information (such as gender, military status, race, ethnicity, or national origin), government and work identifiers and licenses, application question responses, schedule and availability, access to transportation, responses to tests and surveys, and documents uploaded for job applications. Some of this information may be added to your Snagajob profile, which you may edit at any time.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your account, profile, or applications, our Services, or other topics you might raise.
- Audio or Visual Information, such as audio recordings if you call our customer service.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Account, Contact, and Business Information. When you create an account to use the Services, we may collect certain information you provide us, such as contact information (including name, phone number, email address, postal address), business information (including business name, industry, FEIN, phone number, locations, links to external business websites, pictures, and business logo), other registration and account information (such as username and password), and account security information.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Employment Opportunity Information, such as title, wage range, locations, availability, desired qualifications and skills, job descriptions and expectations, and job postings.
- Contact and Business Information. If you are a company or other organization that we engage with, we may collect your name, phone number, email address, and postal address, government identifier, and business name, industry, locations, other information related to your employer, and any other information you choose to provide us, including through third-party portals and platforms.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your food orders, your account, our Services, or other topics you might raise.
- Events and Programs. If you register for or attend an event or program that we host, sponsor, or attend, we may receive information such as your name, email address, phone number, and other information related to your attendance at the event or program from those who interact with or express interested in us or our Services.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Usage Data. We may collect and analyze information about how you use our Services (including emails and ads). This information includes the dates and times you access our Services, the features you use and the pages you visit, the type(s) of browser through which you access our Services, the content you upload or post to our Services, error logs and other system activity, and the webs or applications through or from which you access our Services.
- Device Data. We collect and analyze information about the device(s) you use to access our Services (including emails and ads). This information might include your IP address, information about your device’s hardware, the operating system on your device and the version of that operating system, your language preferences, unique device identifiers, advertising identifiers, and information about the mobile network you use.
- Location Information. When you use the Services, we and our service providers may collect precise location information (in accordance with your device settings and permissions) as well as collect general location information from your computer or mobile device. “General” location information means information to identify the city and state in which your device is located based on its IP address. This information allows us to give you access to content that varies based on your general location (e.g., nearby locations or delivery status). We will ask your permission before collecting your precise GPS location information. In such instances, we may use your precise geo-location information to provide customized services, content, and other information that may be of interest to you. Please note that precise geolocation information is considered “sensitive personal information” under certain privacy laws, and we process this information in accordance with applicable legal requirements. You can disable geolocation tracking on your device. For more information, see the “Your Rights and Choices” section below.
- Information from Cookies and Similar Technologies. We and our service providers collect information through the use of “cookies” and similar technologies, such as tracking pixels, to understand how you navigate through and interact with our Services (including emails and ads), to learn what content is popular, to enhance the Services and provide you with a more relevant and personalized experience, for authentication and advertising purposes, to save your preferences, and to collect certain usage, device and location information as described above. We may specifically collect this kind of information when you interact with email messages or other communications we send you, as well as any advertisements in such email messages. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use our Services. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads, and/or email; they are designed to collect usage information like ad impressions or clicks and email open rates, measure the popularity of our Services and associated advertising, and access cookies. We and our vendors (including Adobe Analytics and Google Analytics) also use these technologies and the information collected by them for advertising and data analytics purposes. You can find more information about Adobe’s advertising and analytics practices at adobe.com/privacy/experience-cloud.html. You can find more information about Google’s analytics practices at google.com/policies/privacy/partners. You can find more information about LiveIntent's practices at liveintent.com/services-privacy-policy
- Employers, Business Partners, Service Providers, and Researchers. We use business partners, service providers (such as payment processors, survey providers, and analytics providers), and researchers to perform services on our behalf. Some of these partners may have access to information about you that we may or may not otherwise have (for example, where you sign up directly with or otherwise engage with that provider) and may disclose some or all of this information with us. We may also receive results of background and identity verification checks.
- Log-in Services and Social Network Information. If you access the Services through a third-party connection or log-in (e.g., through a social network), you may allow us to have access to and store certain information from your social network profile. This information may include your name, profile picture, your “likes,” and your list of friends, depending on your settings on such services. If you do not wish to have this information disclosed, do not use a social networking connection to access the Services. For a description of how social networking sites handle your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings.
- Other Account Holders or Users. Another account holder or user may provide us with your information, such as contact information in relation to an order or a referral program. If you submit someone else’s personal information to us, you represent that you are authorized to provide this information to us.
- Provide, improve, enhance, personalize, and promote our Services, including creating a profile and saving selected job postings, displaying job opportunities and potential candidates, and facilitating applications and related checks and screenings
- Analyze use of our Services and engaging in related analysis, research, and measuring to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Manage, verify, and authenticate your information, account, and interactions with us
- Communicate with you, including sending communications that you have requested on your behalf, keeping you updated regarding job opportunities, interview requests, application reminders, or jobs you may be interested in, or new applicants to posted jobs, account-specific information, and/or promotions regarding our Services, and for marketing and promotional purposes
- For marketing and promotional purposes, including marketing emails and targeted advertising from our partners that we serve in our emails
- Facilitate requests and applications
- For Employers, to facilitate payments, including arranging for financial deposits and transactions
- Gain insights into prospective customers that might have an interest in our Services
- Provide customer support, including responding to questions, requests, and issues
- Conduct research and improve and develop our Services and partnerships
- Secure our Services and find and help prevent fraud and abuse
- Understand, detect, and resolve problems with the Services
- Resolve disputes, protect ourselves, our users, and others, exercise our legal rights and enforce any legal terms that govern use of our Services
- Comply with laws, regulations, and other legal process and procedures
4. How We Disclose Information We Collect
- Employers and Vendors. We may provide access to or disclose your information, as a Seeker, with Employers (or service providers acting on behalf of an employer) 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 disclose information with the relevant Employer (or a services provider acting on behalf of the employer) and when you complete a job application, we will disclose your application responses with the relevant Employer (or a service provider acting on behalf of an employer). In accordance with your profile settings, we may disclose your profile information with Employers who are searching for eligible job applicants. Moreover, we may disclose your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider.
- Seekers. We may provide access to or disclose your information, as an Employer, with Seekers at your request. For example, if you post a job opportunity, we may disclose 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 disclose relevant information at your direction to provide those services.
- Service Providers and Partners. We provide access to or disclose your information to third parties that perform services on our behalf, such as billing, payment processing, advertising, web and other analytics, data storage and processing, customer support, security, fraud prevention, and other services. Our email advertising partners may use and disclose certain of your information (such as online identifiers and email interactions) to their customers and others for their own use.
- Mobile Opt-in Data. We do not share text messaging originator opt-in data and consent with any third parties.
- For Legal Reasons or the Protection of Us and Others. We will disclose the information we collect about you if required by law or legal process or if we believe in good faith that disclosure is reasonably necessary to: (i) enforce our Terms of Use, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (ii) respond to claims that any content violates the rights of third parties; and/or (iii) protect the rights, property or personal safety of Snagajob, users of our Services, and/or others. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.
- Business Transfers. In the event of sale (of some or all of our assets), transfer, merger, reorganization, dissolution, or similar event involving our business (including in contemplation of such transactions), your information may be among the transferred business assets. If such transfer is subject to any mandatory restrictions under applicable laws, we will comply with those restrictions.
- Your Consent. If you consent to our disclosure of your information, including through account settings, we will disclose your information consistent with your consent and account settings. For instance, 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.
5. Aggregate/De-Identified Information
6. Your Rights and Choices
- 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 disclose personal information.
- Provide you access to and/or a copy of certain personal information we hold about you.
- Correct or update 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.
- Opt you out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.
7. How We Protect Your Data and Our Services
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.
9. Third-Party Links and Features
10. Children’s Privacy
11. Changes to our Privacy Policy
12. Contact Information
Effective September 5th 2024 to September 5th 2024
DownloadTable of Contents
Snagajob Privacy Policy
1. The Information We Collect
- Information You Provide to Us
- Account Creation. When you create an account to use the Services, we may collect certain information you provide us, such as contact information, other registration and account information (such as username, password, and work history and preferences), and account security information.
- Profile Creation. When you create a profile on the Services, we may collect certain information you provide us, such as contact information (including your name, phone number, and email address), educational and work history and compensation, date of birth, skills, interests, citizenship status and U.S. work eligibility, references, job and career preferences, location and postal address information (including city, state, and ZIP code), and other profile information (such as your bio and picture). 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.
- Job Application Process. When you apply for a job using the Services, you may provide contact information (including your name, phone number, and email address), date of birth, educational and work history and compensation, professional licenses, skills, and memberships, interests, citizenship status and U.S. work eligibility, job and career preferences, location and postal address information (including city, state, and ZIP code), demographic information (such as gender, military status, race, ethnicity, or national origin), government and work identifiers and licenses, application question responses, schedule and availability, access to transportation, responses to tests and surveys, and documents uploaded for job applications. Some of this information may be added to your Snagajob profile, which you may edit at any time.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your account, profile, or applications, our Services, or other topics you might raise.
- Audio or Visual Information, such as audio recordings if you call our customer service.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Account, Contact, and Business Information. When you create an account to use the Services, we may collect certain information you provide us, such as contact information (including name, phone number, email address, postal address), business information (including business name, industry, FEIN, phone number, locations, links to external business websites, pictures, and business logo), other registration and account information (such as username and password), and account security information.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Employment Opportunity Information, such as title, wage range, locations, availability, desired qualifications and skills, job descriptions and expectations, and job postings.
- Contact and Business Information. If you are a company or other organization that we engage with, we may collect your name, phone number, email address, and postal address, government identifier, and business name, industry, locations, other information related to your employer, and any other information you choose to provide us, including through third-party portals and platforms.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your food orders, your account, our Services, or other topics you might raise.
- Events and Programs. If you register for or attend an event or program that we host, sponsor, or attend, we may receive information such as your name, email address, phone number, and other information related to your attendance at the event or program from those who interact with or express interested in us or our Services.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Usage Data. We may collect and analyze information about how you use our Services (including emails and ads). This information includes the dates and times you access our Services, the features you use and the pages you visit, the type(s) of browser through which you access our Services, the content you upload or post to our Services, error logs and other system activity, and the webs or applications through or from which you access our Services.
- Device Data. We collect and analyze information about the device(s) you use to access our Services (including emails and ads). This information might include your IP address, information about your device’s hardware, the operating system on your device and the version of that operating system, your language preferences, unique device identifiers, advertising identifiers, and information about the mobile network you use.
- Location Information. When you use the Services, we and our service providers may collect precise location information (in accordance with your device settings and permissions) as well as collect general location information from your computer or mobile device. “General” location information means information to identify the city and state in which your device is located based on its IP address. This information allows us to give you access to content that varies based on your general location (e.g., nearby locations or delivery status). We will ask your permission before collecting your precise GPS location information. In such instances, we may use your precise geo-location information to provide customized services, content, and other information that may be of interest to you. Please note that precise geolocation information is considered “sensitive personal information” under certain privacy laws, and we process this information in accordance with applicable legal requirements. You can disable geolocation tracking on your device. For more information, see the “Your Rights and Choices” section below.
- Information from Cookies and Similar Technologies. We and our service providers collect information through the use of “cookies” and similar technologies, such as tracking pixels, to understand how you navigate through and interact with our Services (including emails and ads), to learn what content is popular, to enhance the Services and provide you with a more relevant and personalized experience, for authentication and advertising purposes, to save your preferences, and to collect certain usage, device and location information as described above. We may specifically collect this kind of information when you interact with email messages or other communications we send you, as well as any advertisements in such email messages. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use our Services. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads, and/or email; they are designed to collect usage information like ad impressions or clicks and email open rates, measure the popularity of our Services and associated advertising, and access cookies. We and our vendors (including Adobe Analytics and Google Analytics) also use these technologies and the information collected by them for advertising and data analytics purposes. You can find more information about Adobe’s advertising and analytics practices at adobe.com/privacy/experience-cloud.html. You can find more information about Google’s analytics practices at google.com/policies/privacy/partners. You can find more information about LiveIntent's practices at liveintent.com/services-privacy-policy
- Employers, Business Partners, Service Providers, and Researchers. We use business partners, service providers (such as payment processors, survey providers, and analytics providers), and researchers to perform services on our behalf. Some of these partners may have access to information about you that we may or may not otherwise have (for example, where you sign up directly with or otherwise engage with that provider) and may disclose some or all of this information with us. We may also receive results of background and identity verification checks.
- Log-in Services and Social Network Information. If you access the Services through a third-party connection or log-in (e.g., through a social network), you may allow us to have access to and store certain information from your social network profile. This information may include your name, profile picture, your “likes,” and your list of friends, depending on your settings on such services. If you do not wish to have this information disclosed, do not use a social networking connection to access the Services. For a description of how social networking sites handle your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings.
- Other Account Holders or Users. Another account holder or user may provide us with your information, such as contact information in relation to an order or a referral program. If you submit someone else’s personal information to us, you represent that you are authorized to provide this information to us.
- Provide, improve, enhance, personalize, and promote our Services, including creating a profile and saving selected job postings, displaying job opportunities and potential candidates, and facilitating applications and related checks and screenings
- Analyze use of our Services and engaging in related analysis, research, and measuring to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Manage, verify, and authenticate your information, account, and interactions with us
- Communicate with you, including sending communications that you have requested on your behalf, keeping you updated regarding job opportunities, interview requests, application reminders, or jobs you may be interested in, or new applicants to posted jobs, account-specific information, and/or promotions regarding our Services, and for marketing and promotional purposes
- For marketing and promotional purposes, including marketing emails and targeted advertising from our partners that we serve in our emails
- Facilitate requests and applications
- For Employers, to facilitate payments, including arranging for financial deposits and transactions
- Gain insights into prospective customers that might have an interest in our Services
- Provide customer support, including responding to questions, requests, and issues
- Conduct research and improve and develop our Services and partnerships
- Secure our Services and find and help prevent fraud and abuse
- Understand, detect, and resolve problems with the Services
- Resolve disputes, protect ourselves, our users, and others, exercise our legal rights and enforce any legal terms that govern use of our Services
- Comply with laws, regulations, and other legal process and procedures
4. How We Disclose Information We Collect
- Employers and Vendors. We may provide access to or disclose your information, as a Seeker, with Employers (or service providers acting on behalf of an employer) 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 disclose information with the relevant Employer (or a services provider acting on behalf of the employer) and when you complete a job application, we will disclose your application responses with the relevant Employer (or a service provider acting on behalf of an employer). In accordance with your profile settings, we may disclose your profile information with Employers who are searching for eligible job applicants. Moreover, we may disclose your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider.
- Seekers. We may provide access to or disclose your information, as an Employer, with Seekers at your request. For example, if you post a job opportunity, we may disclose 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 disclose relevant information at your direction to provide those services.
- Service Providers and Partners. We provide access to or disclose your information to third parties that perform services on our behalf, such as billing, payment processing, advertising, web and other analytics, data storage and processing, customer support, security, fraud prevention, and other services. Our email advertising partners may use and disclose certain of your information (such as online identifiers and email interactions) to their customers and others for their own use.
- Mobile Opt-in Data. We do not share text messaging originator opt-in data and consent with any third parties.
- For Legal Reasons or the Protection of Us and Others. We will disclose the information we collect about you if required by law or legal process or if we believe in good faith that disclosure is reasonably necessary to: (i) enforce our Terms of Use, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (ii) respond to claims that any content violates the rights of third parties; and/or (iii) protect the rights, property or personal safety of Snagajob, users of our Services, and/or others. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.
- Business Transfers. In the event of sale (of some or all of our assets), transfer, merger, reorganization, dissolution, or similar event involving our business (including in contemplation of such transactions), your information may be among the transferred business assets. If such transfer is subject to any mandatory restrictions under applicable laws, we will comply with those restrictions.
- Your Consent. If you consent to our disclosure of your information, including through account settings, we will disclose your information consistent with your consent and account settings. For instance, 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.
5. Aggregate/De-Identified Information
6. Your Rights and Choices
- 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 disclose personal information.
- Provide you access to and/or a copy of certain personal information we hold about you.
- Correct or update 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.
- Opt you out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.
7. How We Protect Your Data and Our Services
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.
9. Third-Party Links and Features
10. Children’s Privacy
11. Changes to our Privacy Policy
12. Contact Information
Effective June 26th 2024 to September 5th 2024
DownloadTable of Contents
Snagajob Privacy Policy
1. The Information We Collect
- Information You Provide to Us
- Account Creation. When you create an account to use the Services, we may collect certain information you provide us, such as contact information, other registration and account information (such as username, password, and work history and preferences), and account security information.
- Profile Creation. When you create a profile on the Services, we may collect certain information you provide us, such as contact information (including your name, phone number, and email address), educational and work history and compensation, date of birth, skills, interests, citizenship status and U.S. work eligibility, references, job and career preferences, location and postal address information (including city, state, and ZIP code), and other profile information (such as your bio and picture). 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.
- Job Application Process. When you apply for a job using the Services, you may provide contact information (including your name, phone number, and email address), date of birth, educational and work history and compensation, professional licenses, skills, and memberships, interests, citizenship status and U.S. work eligibility, job and career preferences, location and postal address information (including city, state, and ZIP code), demographic information (such as gender, military status, race, ethnicity, or national origin), government and work identifiers and licenses, application question responses, schedule and availability, access to transportation, responses to tests and surveys, and documents uploaded for job applications. Some of this information may be added to your Snagajob profile, which you may edit at any time.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your account, profile, or applications, our Services, or other topics you might raise.
- Audio or Visual Information, such as audio recordings if you call our customer service.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Account, Contact, and Business Information. When you create an account to use the Services, we may collect certain information you provide us, such as contact information (including name, phone number, email address, postal address), business information (including business name, industry, FEIN, phone number, locations, links to external business websites, pictures, and business logo), other registration and account information (such as username and password), and account security information.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Employment Opportunity Information, such as title, wage range, locations, availability, desired qualifications and skills, job descriptions and expectations, and job postings.
- Contact and Business Information. If you are a company or other organization that we engage with, we may collect your name, phone number, email address, and postal address, government identifier, and business name, industry, locations, other information related to your employer, and any other information you choose to provide us, including through third-party portals and platforms.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your food orders, your account, our Services, or other topics you might raise.
- Events and Programs. If you register for or attend an event or program that we host, sponsor, or attend, we may receive information such as your name, email address, phone number, and other information related to your attendance at the event or program from those who interact with or express interested in us or our Services.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Usage Data. We may collect and analyze information about how you use our Services. This information includes the dates and times you access our Services, the features you use and the pages you visit, the type(s) of browser through which you access our Services, the content you upload or post to our Services, error logs and other system activity, and the webs or applications through or from which you access our Services.
- Device Data. We collect and analyze information about the device(s) you use to access our Services. This information might include your IP address, information about your device’s hardware, the operating system on your device and the version of that operating system, your language preferences, unique device identifiers, advertising identifiers, and information about the mobile network you use.
- Location Information. When you use the Services, we and our service providers may collect precise location information (in accordance with your device settings and permissions) as well as collect general location information from your computer or mobile device. “General” location information means information to identify the city and state in which your device is located based on its IP address. This information allows us to give you access to content that varies based on your general location (e.g., nearby locations or delivery status). We will ask your permission before collecting your precise GPS location information. In such instances, we may use your precise geo-location information to provide customized services, content, and other information that may be of interest to you. Please note that precise geolocation information is considered “sensitive personal information” under certain privacy laws, and we process this information in accordance with applicable legal requirements. You can disable geolocation tracking on your device. For more information, see the “Your Rights and Choices” section below.
- Information from Cookies and Similar Technologies. We and our service providers collect information through the use of “cookies” and similar technologies, such as tracking pixels, to understand how you navigate through and interact with our Services, to learn what content is popular, to enhance the Services and provide you with a more relevant and personalized experience, for authentication and advertising purposes, to save your preferences, and to collect certain usage, device and location information as described above. We may also collect this kind of information when you interact with email messages or other communications we send you. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use our Services. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads, and/or email; they are designed to collect usage information like ad impressions or clicks and email open rates, measure the popularity of our Services and associated advertising, and access cookies. We and our vendors (including Adobe Analytics and Google Analytics) also use these technologies and the information collected by them for advertising and data analytics purposes. You can find more information about Adobe’s advertising and analytics practices at adobe.com/privacy/experience-cloud.html. You can find more information about Google’s analytics practices at google.com/policies/privacy/partners.
- Employers, Business Partners, Service Providers, and Researchers. We use business partners, service providers (such as payment processors, survey providers, and analytics providers), and researchers to perform services on our behalf. Some of these partners may have access to information about you that we may or may not otherwise have (for example, where you sign up directly with or otherwise engage with that provider) and may disclose some or all of this information with us. We may also receive results of background and identity verification checks.
- Log-in Services and Social Network Information. If you access the Services through a third-party connection or log-in (e.g., through a social network), you may allow us to have access to and store certain information from your social network profile. This information may include your name, profile picture, your “likes,” and your list of friends, depending on your settings on such services. If you do not wish to have this information disclosed, do not use a social networking connection to access the Services. For a description of how social networking sites handle your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings.
- Other Account Holders or Users. Another account holder or user may provide us with your information, such as contact information in relation to an order or a referral program. If you submit someone else’s personal information to us, you represent that you are authorized to provide this information to us.
- Provide, improve, enhance, personalize, and promote our Services, including creating a profile and saving selected job postings, displaying job opportunities and potential candidates, and facilitating applications and related checks and screenings
- Analyze use of our Services and engaging in related analysis, research, and measuring to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Manage, verify, and authenticate your information, account, and interactions with us
- Communicate with you, including sending communications that you have requested on your behalf, keeping you updated regarding job opportunities, interview requests, application reminders, or jobs you may be interested in, or new applicants to posted jobs, account-specific information, and/or promotions regarding our Services, and for marketing and promotional purposes
- Facilitate requests and applications
- For Employers, to facilitate payments, including arranging for financial deposits and transactions
- Gain insights into prospective customers that might have an interest in our Services
- Provide customer support, including responding to questions, requests, and issues
- Conduct research and improve and develop our Services and partnerships
- Secure our Services and find and help prevent fraud and abuse
- Understand, detect, and resolve problems with the Services
- Resolve disputes, protect ourselves, our users, and others, exercise our legal rights and enforce any legal terms that govern use of our Services
- Comply with laws, regulations, and other legal process and procedures
4. How We Disclose Information We Collect
- Employers and Vendors. We may provide access to or disclose your information, as a Seeker, with Employers (or service providers acting on behalf of an employer) 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 disclose information with the relevant Employer (or a services provider acting on behalf of the employer) and when you complete a job application, we will disclose your application responses with the relevant Employer (or a service provider acting on behalf of an employer). In accordance with your profile settings, we may disclose your profile information with Employers who are searching for eligible job applicants. Moreover, we may disclose your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider.
- Seekers. We may provide access to or disclose your information, as an Employer, with Seekers at your request. For example, if you post a job opportunity, we may disclose 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 disclose relevant information at your direction to provide those services.
- Service Providers. We provide access to or disclose your information to third parties that perform services on our behalf, such as billing, payment processing, advertising, web and other analytics, data storage and processing, customer support, security, fraud prevention, and other services.
- Mobile Opt-in Data. We do not share text messaging originator opt-in data and consent with any third parties.
- For Legal Reasons or the Protection of Us and Others. We will disclose the information we collect about you if required by law or legal process or if we believe in good faith that disclosure is reasonably necessary to: (i) enforce our Terms of Use, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (ii) respond to claims that any content violates the rights of third parties; and/or (iii) protect the rights, property or personal safety of Snagajob, users of our Services, and/or others. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.
- Business Transfers. In the event of sale (of some or all of our assets), transfer, merger, reorganization, dissolution, or similar event involving our business (including in contemplation of such transactions), your information may be among the transferred business assets. If such transfer is subject to any mandatory restrictions under applicable laws, we will comply with those restrictions.
- Your Consent. If you consent to our disclosure of your information, including through account settings, we will disclose your information consistent with your consent and account settings. For instance, 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.
5. Aggregate/De-Identified Information
6. Your Rights and Choices
- 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 disclose personal information.
- Provide you access to and/or a copy of certain personal information we hold about you.
- Correct or update 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.
- Opt you out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.
7. How We Protect Your Data and Our Services
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.
9. Third-Party Links and Features
10. Children’s Privacy
11. Changes to our Privacy Policy
12. Contact Information
Effective April 23rd 2024 to June 26th 2024
DownloadTable of Contents
Snagajob Privacy Policy
1. The Information We Collect
- Information You Provide to Us
- Account Creation. When you create an account to use the Services, we may collect certain information you provide us, such as contact information, other registration and account information (such as username, password, and work history and preferences), and account security information.
- Profile Creation. When you create a profile on the Services, we may collect certain information you provide us, such as contact information (including your name, phone number, and email address), educational and work history and compensation, date of birth, skills, interests, citizenship status and U.S. work eligibility, references, job and career preferences, location and postal address information (including city, state, and ZIP code), and other profile information (such as your bio and picture). 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.
- Job Application Process. When you apply for a job using the Services, you may provide contact information (including your name, phone number, and email address), date of birth, educational and work history and compensation, professional licenses, skills, and memberships, interests, citizenship status and U.S. work eligibility, job and career preferences, location and postal address information (including city, state, and ZIP code), demographic information (such as gender, military status, race, ethnicity, or national origin), government and work identifiers and licenses, application question responses, schedule and availability, access to transportation, responses to tests and surveys, and documents uploaded for job applications. Some of this information may be added to your Snagajob profile, which you may edit at any time.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your account, profile, or applications, our Services, or other topics you might raise.
- Audio or Visual Information, such as audio recordings if you call our customer service.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Account, Contact, and Business Information. When you create an account to use the Services, we may collect certain information you provide us, such as contact information (including name, phone number, email address, postal address), business information (including business name, industry, FEIN, phone number, locations, links to external business websites, pictures, and business logo), other registration and account information (such as username and password), and account security information.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Employment Opportunity Information, such as title, wage range, locations, availability, desired qualifications and skills, job descriptions and expectations, and job postings.
- Contact and Business Information. If you are a company or other organization that we engage with, we may collect your name, phone number, email address, and postal address, government identifier, and business name, industry, locations, other information related to your employer, and any other information you choose to provide us, including through third-party portals and platforms.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your food orders, your account, our Services, or other topics you might raise.
- Events and Programs. If you register for or attend an event or program that we host, sponsor, or attend, we may receive information such as your name, email address, phone number, and other information related to your attendance at the event or program from those who interact with or express interested in us or our Services.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Usage Data. We may collect and analyze information about how you use our Services. This information includes the dates and times you access our Services, the features you use and the pages you visit, the type(s) of browser through which you access our Services, the content you upload or post to our Services, error logs and other system activity, and the webs or applications through or from which you access our Services.
- Device Data. We collect and analyze information about the device(s) you use to access our Services. This information might include your IP address, information about your device’s hardware, the operating system on your device and the version of that operating system, your language preferences, unique device identifiers, advertising identifiers, and information about the mobile network you use.
- Location Information. When you use the Services, we and our service providers may collect precise location information (in accordance with your device settings and permissions) as well as collect general location information from your computer or mobile device. “General” location information means information to identify the city and state in which your device is located based on its IP address. This information allows us to give you access to content that varies based on your general location (e.g., nearby locations or delivery status). We will ask your permission before collecting your precise GPS location information. In such instances, we may use your precise geo-location information to provide customized services, content, and other information that may be of interest to you. Please note that precise geolocation information is considered “sensitive personal information” under certain privacy laws, and we process this information in accordance with applicable legal requirements. You can disable geolocation tracking on your device. For more information, see the “Your Rights and Choices” section below.
- Information from Cookies and Similar Technologies. We and our service providers collect information through the use of “cookies” and similar technologies, such as tracking pixels, to understand how you navigate through and interact with our Services, to learn what content is popular, to enhance the Services and provide you with a more relevant and personalized experience, for authentication and advertising purposes, to save your preferences, and to collect certain usage, device and location information as described above. We may also collect this kind of information when you interact with email messages or other communications we send you. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use our Services. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads, and/or email; they are designed to collect usage information like ad impressions or clicks and email open rates, measure the popularity of our Services and associated advertising, and access cookies. We and our vendors (including Adobe Analytics and Google Analytics) also use these technologies and the information collected by them for advertising and data analytics purposes. You can find more information about Adobe’s advertising and analytics practices at adobe.com/privacy/experience-cloud.html. You can find more information about Google’s analytics practices at google.com/policies/privacy/partners.
- Employers, Business Partners, Service Providers, and Researchers. We use business partners, service providers (such as payment processors, survey providers, and analytics providers), and researchers to perform services on our behalf. Some of these partners may have access to information about you that we may or may not otherwise have (for example, where you sign up directly with or otherwise engage with that provider) and may disclose some or all of this information with us. We may also receive results of background and identity verification checks.
- Log-in Services and Social Network Information. If you access the Services through a third-party connection or log-in (e.g., through a social network), you may allow us to have access to and store certain information from your social network profile. This information may include your name, profile picture, your “likes,” and your list of friends, depending on your settings on such services. If you do not wish to have this information disclosed, do not use a social networking connection to access the Services. For a description of how social networking sites handle your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings.
- Other Account Holders or Users. Another account holder or user may provide us with your information, such as contact information in relation to an order or a referral program. If you submit someone else’s personal information to us, you represent that you are authorized to provide this information to us.
- Provide, improve, enhance, personalize, and promote our Services, including creating a profile and saving selected job postings, displaying job opportunities and potential candidates, and facilitating applications and related checks and screenings
- Analyze use of our Services and engaging in related analysis, research, and measuring to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Manage, verify, and authenticate your information, account, and interactions with us
- Communicate with you, including sending communications that you have requested on your behalf, keeping you updated regarding job opportunities, interview requests, application reminders, or jobs you may be interested in, or new applicants to posted jobs, account-specific information, and/or promotions regarding our Services, and for marketing and promotional purposes
- Facilitate requests and applications
- For Employers, to facilitate payments, including arranging for financial deposits and transactions
- Gain insights into prospective customers that might have an interest in our Services
- Provide customer support, including responding to questions, requests, and issues
- Conduct research and improve and develop our Services and partnerships
- Secure our Services and find and help prevent fraud and abuse
- Understand, detect, and resolve problems with the Services
- Resolve disputes, protect ourselves, our users, and others, exercise our legal rights and enforce any legal terms that govern use of our Services
- Comply with laws, regulations, and other legal process and procedures
4. How We Disclose Information We Collect
- Employers and Vendors. We may provide access to or disclose your information, as a Seeker, with Employers (or service providers acting on behalf of an employer) 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 disclose information with the relevant Employer (or a services provider acting on behalf of the employer) and when you complete a job application, we will disclose your application responses with the relevant Employer (or a service provider acting on behalf of an employer). In accordance with your profile settings, we may disclose your profile information with Employers who are searching for eligible job applicants. Moreover, we may disclose your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider.
- Seekers. We may provide access to or disclose your information, as an Employer, with Seekers at your request. For example, if you post a job opportunity, we may disclose 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 disclose relevant information at your direction to provide those services.
- Service Providers. We provide access to or disclose your information to third parties that perform services on our behalf, such as billing, payment processing, advertising, web and other analytics, data storage and processing, customer support, security, fraud prevention, and other services.
- Mobile Opt-in Data. We do not share text messaging originator opt-in data and consent with any third parties.
- For Legal Reasons or the Protection of Us and Others. We will disclose the information we collect about you if required by law or legal process or if we believe in good faith that disclosure is reasonably necessary to: (i) enforce our Terms of Use, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (ii) respond to claims that any content violates the rights of third parties; and/or (iii) protect the rights, property or personal safety of Snagajob, users of our Services, and/or others. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.
- Business Transfers. In the event of sale (of some or all of our assets), transfer, merger, reorganization, dissolution, or similar event involving our business (including in contemplation of such transactions), your information may be among the transferred business assets. If such transfer is subject to any mandatory restrictions under applicable laws, we will comply with those restrictions.
- Your Consent. If you consent to our disclosure of your information, including through account settings, we will disclose your information consistent with your consent and account settings. For instance, 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.
5. Aggregate/De-Identified Information
6. Your Rights and Choices
- 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 disclose personal information.
- Provide you access to and/or a copy of certain personal information we hold about you.
- Correct or update 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.
- Opt you out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.
7. How We Protect Your Data and Our Services
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.
9. Third-Party Links and Features
10. Children’s Privacy
11. Changes to our Privacy Policy
12. Contact Information
Effective July 27th 2023 to April 23rd 2024
DownloadTable of Contents
Snagajob Privacy Policy
1. The Information We Collect
- Information You Provide to Us
- Account Creation. When you create an account to use the Services, we may collect certain information you provide us, such as contact information, other registration and account information (such as username, password, and work history and preferences), and account security information.
- Profile Creation. When you create a profile on the Services, we may collect certain information you provide us, such as contact information (including your name, phone number, and email address), educational and work history and compensation, date of birth, skills, interests, citizenship status and U.S. work eligibility, references, job and career preferences, location and postal address information (including city, state, and ZIP code), and other profile information (such as your bio and picture). 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.
- Job Application Process. When you apply for a job using the Services, you may provide contact information (including your name, phone number, and email address), date of birth, educational and work history and compensation, professional licenses, skills, and memberships, interests, citizenship status and U.S. work eligibility, job and career preferences, location and postal address information (including city, state, and ZIP code), demographic information (such as gender, military status, race, ethnicity, or national origin), government and work identifiers and licenses, application question responses, schedule and availability, access to transportation, responses to tests and surveys, and documents uploaded for job applications. Some of this information may be added to your Snagajob profile, which you may edit at any time.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your account, profile, or applications, our Services, or other topics you might raise.
- Audio or Visual Information, such as audio recordings if you call our customer service.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Account, Contact, and Business Information. When you create an account to use the Services, we may collect certain information you provide us, such as contact information (including name, phone number, email address, postal address), business information (including business name, industry, FEIN, phone number, locations, links to external business websites, pictures, and business logo), other registration and account information (such as username and password), and account security information.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Employment Opportunity Information, such as title, wage range, locations, availability, desired qualifications and skills, job descriptions and expectations, and job postings.
- Contact and Business Information. If you are a company or other organization that we engage with, we may collect your name, phone number, email address, and postal address, government identifier, and business name, industry, locations, other information related to your employer, and any other information you choose to provide us, including through third-party portals and platforms.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your food orders, your account, our Services, or other topics you might raise.
- Events and Programs. If you register for or attend an event or program that we host, sponsor, or attend, we may receive information such as your name, email address, phone number, and other information related to your attendance at the event or program from those who interact with or express interested in us or our Services.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Usage Data. We may collect and analyze information about how you use our Services. This information includes the dates and times you access our Services, the features you use and the pages you visit, the type(s) of browser through which you access our Services, the content you upload or post to our Services, error logs and other system activity, and the webs or applications through or from which you access our Services.
- Device Data. We collect and analyze information about the device(s) you use to access our Services. This information might include your IP address, information about your device’s hardware, the operating system on your device and the version of that operating system, your language preferences, unique device identifiers, advertising identifiers, and information about the mobile network you use.
- Location Information. When you use the Services, we and our service providers may collect precise location information (in accordance with your device settings and permissions) as well as collect general location information from your computer or mobile device. “General” location information means information to identify the city and state in which your device is located based on its IP address. This information allows us to give you access to content that varies based on your general location (e.g., nearby locations or delivery status). We will ask your permission before collecting your precise GPS location information. In such instances, we may use your precise geo-location information to provide customized services, content, and other information that may be of interest to you. Please note that precise geolocation information is considered “sensitive personal information” under certain privacy laws, and we process this information in accordance with applicable legal requirements. You can disable geolocation tracking on your device. For more information, see the “Your Rights and Choices” section below.
- Information from Cookies and Similar Technologies. We and our service providers collect information through the use of “cookies” and similar technologies, such as tracking pixels, to understand how you navigate through and interact with our Services, to learn what content is popular, to enhance the Services and provide you with a more relevant and personalized experience, for authentication and advertising purposes, to save your preferences, and to collect certain usage, device and location information as described above. We may also collect this kind of information when you interact with email messages or other communications we send you. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use our Services. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads, and/or email; they are designed to collect usage information like ad impressions or clicks and email open rates, measure the popularity of our Services and associated advertising, and access cookies. We and our vendors (including Adobe Analytics and Google Analytics) also use these technologies and the information collected by them for advertising and data analytics purposes. You can find more information about Adobe’s advertising and analytics practices at adobe.com/privacy/experience-cloud.html. You can find more information about Google’s analytics practices at google.com/policies/privacy/partners.
- Employers, Business Partners, Service Providers, and Researchers. We use business partners, service providers (such as payment processors, survey providers, and analytics providers), and researchers to perform services on our behalf. Some of these partners may have access to information about you that we may or may not otherwise have (for example, where you sign up directly with or otherwise engage with that provider) and may disclose some or all of this information with us. We may also receive results of background and identity verification checks.
- Log-in Services and Social Network Information. If you access the Services through a third-party connection or log-in (e.g., through a social network), you may allow us to have access to and store certain information from your social network profile. This information may include your name, profile picture, your “likes,” and your list of friends, depending on your settings on such services. If you do not wish to have this information disclosed, do not use a social networking connection to access the Services. For a description of how social networking sites handle your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings.
- Other Account Holders or Users. Another account holder or user may provide us with your information, such as contact information in relation to an order or a referral program. If you submit someone else’s personal information to us, you represent that you are authorized to provide this information to us.
- Provide, improve, enhance, personalize, and promote our Services, including creating a profile and saving selected job postings, displaying job opportunities and potential candidates, and facilitating applications and related checks and screenings
- Analyze use of our Services and engaging in related analysis, research, and measuring to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Manage, verify, and authenticate your information, account, and interactions with us
- Communicate with you, including sending communications that you have requested on your behalf, keeping you updated regarding job opportunities, interview requests, application reminders, or jobs you may be interested in, or new applicants to posted jobs, account-specific information, and/or promotions regarding our Services, and for marketing and promotional purposes
- Facilitate requests and applications
- For Employers, to facilitate payments, including arranging for financial deposits and transactions
- Gain insights into prospective customers that might have an interest in our Services
- Provide customer support, including responding to questions, requests, and issues
- Conduct research and improve and develop our Services and partnerships
- Secure our Services and find and help prevent fraud and abuse
- Understand, detect, and resolve problems with the Services
- Resolve disputes, protect ourselves, our users, and others, exercise our legal rights and enforce any legal terms that govern use of our Services
- Comply with laws, regulations, and other legal process and procedures
4. How We Disclose Information We Collect
- Employers and Vendors. We may provide access to or disclose your information, as a Seeker, with Employers (or service providers acting on behalf of an employer) 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 disclose information with the relevant Employer (or a services provider acting on behalf of the employer) and when you complete a job application, we will disclose your application responses with the relevant Employer (or a service provider acting on behalf of an employer). In accordance with your profile settings, we may disclose your profile information with Employers who are searching for eligible job applicants. Moreover, we may disclose your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider.
- Seekers. We may provide access to or disclose your information, as an Employer, with Seekers at your request. For example, if you post a job opportunity, we may disclose 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 disclose relevant information at your direction to provide those services.
- Service Providers. We provide access to or disclose your information to third parties that perform services on our behalf, such as billing, payment processing, advertising, web and other analytics, data storage and processing, customer support, security, fraud prevention, and other services.
- Mobile Opt-in Data. We do not share text messaging originator opt-in data and consent with any third parties.
- For Legal Reasons or the Protection of Us and Others. We will disclose the information we collect about you if required by law or legal process or if we believe in good faith that disclosure is reasonably necessary to: (i) enforce our Terms of Use, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (ii) respond to claims that any content violates the rights of third parties; and/or (iii) protect the rights, property or personal safety of Snagajob, users of our Services, and/or others. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.
- Business Transfers. In the event of sale (of some or all of our assets), transfer, merger, reorganization, dissolution, or similar event involving our business (including in contemplation of such transactions), your information may be among the transferred business assets. If such transfer is subject to any mandatory restrictions under applicable laws, we will comply with those restrictions.
- Your Consent. If you consent to our disclosure of your information, including through account settings, we will disclose your information consistent with your consent and account settings. For instance, 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.
5. Aggregate/De-Identified Information
6. Your Rights and Choices
- 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 disclose personal information.
- Provide you access to and/or a copy of certain personal information we hold about you.
- Correct or update 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.
- Opt you out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.
7. How We Protect Your Data and Our Services
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.
9. Third-Party Links and Features
10. Children’s Privacy
11. Changes to our Privacy Policy
12. Contact Information
Effective January 19th 2023 to July 27th 2023
DownloadTable of Contents
Snagajob Privacy Policy
1. The Information We Collect
- Information You Provide to Us
- Account Creation. When you create an account to use the Services, we may collect certain information you provide us, such as contact information, other registration and account information (such as username, password, and work history and preferences), and account security information.
- Profile Creation. When you create a profile on the Services, we may collect certain information you provide us, such as contact information (including your name, phone number, and email address), educational and work history and compensation, date of birth, skills, interests, citizenship status and U.S. work eligibility, references, job and career preferences, location and postal address information (including city, state, and ZIP code), and other profile information (such as your bio and picture). 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.
- Job Application Process. When you apply for a job using the Services, you may provide contact information (including your name, phone number, and email address), date of birth, educational and work history and compensation, professional licenses, skills, and memberships, interests, citizenship status and U.S. work eligibility, job and career preferences, location and postal address information (including city, state, and ZIP code), demographic information (such as gender, military status, race, ethnicity, or national origin), government and work identifiers and licenses, application question responses, schedule and availability, access to transportation, responses to tests and surveys, and documents uploaded for job applications. Some of this information may be added to your Snagajob profile, which you may edit at any time.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your account, profile, or applications, our Services, or other topics you might raise.
- Audio or Visual Information, such as audio recordings if you call our customer service.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Account, Contact, and Business Information. When you create an account to use the Services, we may collect certain information you provide us, such as contact information (including name, phone number, email address, postal address), business information (including business name, industry, FEIN, phone number, locations, links to external business websites, pictures, and business logo), other registration and account information (such as username and password), and account security information.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Employment Opportunity Information, such as title, wage range, locations, availability, desired qualifications and skills, job descriptions and expectations, and job postings.
- Contact and Business Information. If you are a company or other organization that we engage with, we may collect your name, phone number, email address, and postal address, government identifier, and business name, industry, locations, other information related to your employer, and any other information you choose to provide us, including through third-party portals and platforms.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your food orders, your account, our Services, or other topics you might raise.
- Events and Programs. If you register for or attend an event or program that we host, sponsor, or attend, we may receive information such as your name, email address, phone number, and other information related to your attendance at the event or program from those who interact with or express interested in us or our Services.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Usage Data. We may collect and analyze information about how you use our Services. This information includes the dates and times you access our Services, the features you use and the pages you visit, the type(s) of browser through which you access our Services, the content you upload or post to our Services, error logs and other system activity, and the webs or applications through or from which you access our Services.
- Device Data. We collect and analyze information about the device(s) you use to access our Services. This information might include your IP address, information about your device’s hardware, the operating system on your device and the version of that operating system, your language preferences, unique device identifiers, advertising identifiers, and information about the mobile network you use.
- Location Information. When you use the Services, we and our service providers may collect precise location information (in accordance with your device settings and permissions) as well as collect general location information from your computer or mobile device. “General” location information means information to identify the city and state in which your device is located based on its IP address. This information allows us to give you access to content that varies based on your general location (e.g., nearby locations or delivery status). We will ask your permission before collecting your precise GPS location information. In such instances, we may use your precise geo-location information to provide customized services, content, and other information that may be of interest to you. Please note that precise geolocation information is considered “sensitive personal information” under certain privacy laws, and we process this information in accordance with applicable legal requirements. You can disable geolocation tracking on your device. For more information, see the “Your Rights and Choices” section below.
- Information from Cookies and Similar Technologies. We and our service providers collect information through the use of “cookies” and similar technologies, such as tracking pixels, to understand how you navigate through and interact with our Services, to learn what content is popular, to enhance the Services and provide you with a more relevant and personalized experience, for authentication and advertising purposes, to save your preferences, and to collect certain usage, device and location information as described above. We may also collect this kind of information when you interact with email messages or other communications we send you. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use our Services. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads, and/or email; they are designed to collect usage information like ad impressions or clicks and email open rates, measure the popularity of our Services and associated advertising, and access cookies. We and our vendors (including Adobe Analytics and Google Analytics) also use these technologies and the information collected by them for advertising and data analytics purposes. You can find more information about Adobe’s advertising and analytics practices at adobe.com/privacy/experience-cloud.html. You can find more information about Google’s analytics practices at google.com/policies/privacy/partners.
- Employers, Business Partners, Service Providers, and Researchers. We use business partners, service providers (such as payment processors, survey providers, and analytics providers), and researchers to perform services on our behalf. Some of these partners may have access to information about you that we may or may not otherwise have (for example, where you sign up directly with or otherwise engage with that provider) and may disclose some or all of this information with us. We may also receive results of background and identity verification checks.
- Log-in Services and Social Network Information. If you access the Services through a third-party connection or log-in (e.g., through a social network), you may allow us to have access to and store certain information from your social network profile. This information may include your name, profile picture, your “likes,” and your list of friends, depending on your settings on such services. If you do not wish to have this information disclosed, do not use a social networking connection to access the Services. For a description of how social networking sites handle your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings.
- Other Account Holders or Users. Another account holder or user may provide us with your information, such as contact information in relation to an order or a referral program. If you submit someone else’s personal information to us, you represent that you are authorized to provide this information to us.
- Provide, improve, enhance, personalize, and promote our Services, including creating a profile and saving selected job postings, displaying job opportunities and potential candidates, and facilitating applications and related checks and screenings
- Analyze use of our Services and engaging in related analysis, research, and measuring to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Manage, verify, and authenticate your information, account, and interactions with us
- Communicate with you, including sending communications that you have requested on your behalf, keeping you updated regarding job opportunities, interview requests, application reminders, or jobs you may be interested in, or new applicants to posted jobs, account-specific information, and/or promotions regarding our Services, and for marketing and promotional purposes
- Facilitate requests and applications
- For Employers, to facilitate payments, including arranging for financial deposits and transactions
- Gain insights into prospective customers that might have an interest in our Services
- Provide customer support, including responding to questions, requests, and issues
- Conduct research and improve and develop our Services and partnerships
- Secure our Services and find and help prevent fraud and abuse
- Understand, detect, and resolve problems with the Services
- Resolve disputes, protect ourselves, our users, and others, exercise our legal rights and enforce any legal terms that govern use of our Services
- Comply with laws, regulations, and other legal process and procedures
4. How We Disclose Information We Collect
- Employers and Vendors. We may provide access to or disclose your information, as a Seeker, with Employers (or service providers acting on behalf of an employer) 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 disclose information with the relevant Employer (or a services provider acting on behalf of the employer) and when you complete a job application, we will disclose your application responses with the relevant Employer (or a service provider acting on behalf of an employer). In accordance with your profile settings, we may disclose your profile information with Employers who are searching for eligible job applicants. Moreover, we may disclose your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider.
- Seekers. We may provide access to or disclose your information, as an Employer, with Seekers at your request. For example, if you post a job opportunity, we may disclose 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 disclose relevant information at your direction to provide those services.
- Service Providers. We provide access to or disclose your information to third parties that perform services on our behalf, such as billing, payment processing, advertising, web and other analytics, data storage and processing, customer support, security, fraud prevention, and other services.
- For Legal Reasons or the Protection of Us and Others. We will disclose the information we collect about you if required by law or legal process or if we believe in good faith that disclosure is reasonably necessary to: (i) enforce our Terms of Use, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (ii) respond to claims that any content violates the rights of third parties; and/or (iii) protect the rights, property or personal safety of Snagajob, users of our Services, and/or others. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.
- Business Transfers. In the event of sale (of some or all of our assets), transfer, merger, reorganization, dissolution, or similar event involving our business (including in contemplation of such transactions), your information may be among the transferred business assets. If such transfer is subject to any mandatory restrictions under applicable laws, we will comply with those restrictions.
- Your Consent. If you consent to our disclosure of your information, including through account settings, we will disclose your information consistent with your consent and account settings. For instance, 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.
5. Aggregate/De-Identified Information
6. Your Rights and Choices
- 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 disclose personal information.
- Provide you access to and/or a copy of certain personal information we hold about you.
- Correct or update 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.
- Opt you out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.
7. How We Protect Your Data and Our Services
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.
9. Third-Party Links and Features
10. Children’s Privacy
11. Changes to our Privacy Policy
12. Contact Information
Effective January 18th 2023 to January 19th 2023
DownloadTable of Contents
Snagajob Privacy Policy
1. The Information We Collect
- Information You Provide to Us
- Account Creation. When you create an account to use the Services, we may collect certain information you provide us, such as contact information, other registration and account information (such as username, password, and work history and preferences), and account security information.
- Profile Creation. When you create a profile on the Services, we may collect certain information you provide us, such as contact information (including your name, phone number, and email address), educational and work history and compensation, date of birth, skills, interests, citizenship status and U.S. work eligibility, references, job and career preferences, location and postal address information (including city, state, and ZIP code), and other profile information (such as your bio and picture). 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.
- Job Application Process. When you apply for a job using the Services, you may provide contact information (including your name, phone number, and email address), date of birth, educational and work history and compensation, professional licenses, skills, and memberships, interests, citizenship status and U.S. work eligibility, job and career preferences, location and postal address information (including city, state, and ZIP code), demographic information (such as gender, military status, race, ethnicity, or national origin), government and work identifiers and licenses, application question responses, schedule and availability, access to transportation, responses to tests and surveys, and documents uploaded for job applications. Some of this information may be added to your Snagajob profile, which you may edit at any time.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your account, profile, or applications, our Services, or other topics you might raise.
- Audio or Visual Information, such as audio recordings if you call our customer service.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Account, Contact, and Business Information. When you create an account to use the Services, we may collect certain information you provide us, such as contact information (including name, phone number, email address, postal address), business information (including business name, industry, FEIN, phone number, locations, links to external business websites, pictures, and business logo), other registration and account information (such as username and password), and account security information.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Employment Opportunity Information, such as title, wage range, locations, availability, desired qualifications and skills, job descriptions and expectations, and job postings.
- Contact and Business Information. If you are a company or other organization that we engage with, we may collect your name, phone number, email address, and postal address, government identifier, and business name, industry, locations, other information related to your employer, and any other information you choose to provide us, including through third-party portals and platforms.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your food orders, your account, our Services, or other topics you might raise.
- Events and Programs. If you register for or attend an event or program that we host, sponsor, or attend, we may receive information such as your name, email address, phone number, and other information related to your attendance at the event or program from those who interact with or express interested in us or our Services.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Usage Data. We may collect and analyze information about how you use our Services. This information includes the dates and times you access our Services, the features you use and the pages you visit, the type(s) of browser through which you access our Services, the content you upload or post to our Services, error logs and other system activity, and the webs or applications through or from which you access our Services.
- Device Data. We collect and analyze information about the device(s) you use to access our Services. This information might include your IP address, information about your device’s hardware, the operating system on your device and the version of that operating system, your language preferences, unique device identifiers, advertising identifiers, and information about the mobile network you use.
- Location Information. When you use the Services, we and our service providers may collect precise location information (in accordance with your device settings and permissions) as well as collect general location information from your computer or mobile device. “General” location information means information to identify the city and state in which your device is located based on its IP address. This information allows us to give you access to content that varies based on your general location (e.g., nearby locations or delivery status). We will ask your permission before collecting your precise GPS location information. In such instances, we may use your precise geo-location information to provide customized services, content, and other information that may be of interest to you. Please note that precise geolocation information is considered “sensitive personal information” under certain privacy laws, and we process this information in accordance with applicable legal requirements. You can disable geolocation tracking on your device. For more information, see the “Your Rights and Choices” section below.
- Information from Cookies and Similar Technologies. We and our service providers collect information through the use of “cookies” and similar technologies, such as tracking pixels, to understand how you navigate through and interact with our Services, to learn what content is popular, to enhance the Services and provide you with a more relevant and personalized experience, for authentication and advertising purposes, to save your preferences, and to collect certain usage, device and location information as described above. We may also collect this kind of information when you interact with email messages or other communications we send you. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use our Services. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads, and/or email; they are designed to collect usage information like ad impressions or clicks and email open rates, measure the popularity of our Services and associated advertising, and access cookies. We and our vendors (including Adobe Analytics and Google Analytics) also use these technologies and the information collected by them for advertising and data analytics purposes. You can find more information about Adobe’s advertising and analytics practices at adobe.com/privacy/experience-cloud.html. You can find more information about Google’s analytics practices at google.com/policies/privacy/partners.
- Employers, Business Partners, Service Providers, and Researchers. We use business partners, service providers (such as payment processors, survey providers, and analytics providers), and researchers to perform services on our behalf. Some of these partners may have access to information about you that we may or may not otherwise have (for example, where you sign up directly with or otherwise engage with that provider) and may disclose some or all of this information with us. We may also receive results of background and identity verification checks.
- Log-in Services and Social Network Information. If you access the Services through a third-party connection or log-in (e.g., through a social network), you may allow us to have access to and store certain information from your social network profile. This information may include your name, profile picture, your “likes,” and your list of friends, depending on your settings on such services. If you do not wish to have this information disclosed, do not use a social networking connection to access the Services. For a description of how social networking sites handle your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings.
- Other Account Holders or Users. Another account holder or user may provide us with your information, such as contact information in relation to an order or a referral program. If you submit someone else’s personal information to us, you represent that you are authorized to provide this information to us.
- Provide, improve, enhance, personalize, and promote our Services, including creating a profile and saving selected job postings, displaying job opportunities and potential candidates, and facilitating applications and related checks and screenings
- Analyze use of our Services and engaging in related analysis, research, and measuring to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Manage, verify, and authenticate your information, account, and interactions with us
- Communicate with you, including sending communications that you have requested on your behalf, keeping you updated regarding job opportunities, interview requests, application reminders, or jobs you may be interested in, or new applicants to posted jobs, account-specific information, and/or promotions regarding our Services, and for marketing and promotional purposes
- Facilitate requests and applications
- For Employers, to facilitate payments, including arranging for financial deposits and transactions
- Gain insights into prospective customers that might have an interest in our Services
- Provide customer support, including responding to questions, requests, and issues
- Conduct research and improve and develop our Services and partnerships
- Secure our Services and find and help prevent fraud and abuse
- Understand, detect, and resolve problems with the Services
- Resolve disputes, protect ourselves, our users, and others, exercise our legal rights and enforce any legal terms that govern use of our Services
- Comply with laws, regulations, and other legal process and procedures
4. How We Disclose Information We Collect
- Employers and Vendors. We may provide access to or disclose your information, as a Seeker, with Employers (or service providers acting on behalf of an employer) 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 disclose information with the relevant Employer (or a services provider acting on behalf of the employer) and when you complete a job application, we will disclose your application responses with the relevant Employer (or a service provider acting on behalf of an employer). In accordance with your profile settings, we may disclose your profile information with Employers who are searching for eligible job applicants. Moreover, we may disclose your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider.
- Seekers. We may provide access to or disclose your information, as an Employer, with Seekers at your request. For example, if you post a job opportunity, we may disclose 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 disclose relevant information at your direction to provide those services.
- Service Providers. We provide access to or disclose your information to third parties that perform services on our behalf, such as billing, payment processing, advertising, web and other analytics, data storage and processing, customer support, security, fraud prevention, and other services.
- For Legal Reasons or the Protection of Us and Others. We will disclose the information we collect about you if required by law or legal process or if we believe in good faith that disclosure is reasonably necessary to: (i) enforce our Terms of Use, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (ii) respond to claims that any content violates the rights of third parties; and/or (iii) protect the rights, property or personal safety of Snagajob, users of our Services, and/or others. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.
- Business Transfers. In the event of sale (of some or all of our assets), transfer, merger, reorganization, dissolution, or similar event involving our business (including in contemplation of such transactions), your information may be among the transferred business assets. If such transfer is subject to any mandatory restrictions under applicable laws, we will comply with those restrictions.
- Your Consent. If you consent to our disclosure of your information, including through account settings, we will disclose your information consistent with your consent and account settings. For instance, 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.
5. Aggregate/De-Identified Information
6. Your Rights and Choices
- 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 disclose personal information.
- Provide you access to and/or a copy of certain personal information we hold about you.
- Correct or update 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.
- Opt you out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.
7. How We Protect Your Data and Our Services
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.
9. Third-Party Links and Features
10. Children’s Privacy
11. Changes to our Privacy Policy
12. Contact Information
Effective December 22nd 2022 to January 18th 2023
DownloadTable of Contents
Snagajob Privacy Policy
1. The Information We Collect
- Information You Provide to Us
- Account Creation. When you create an account to use the Services, we may collect certain information you provide us, such as contact information, other registration and account information (such as username, password, and work history and preferences), and account security information.
- Profile Creation. When you create a profile on the Services, we may collect certain information you provide us, such as contact information (including your name, phone number, and email address), educational and work history and compensation, date of birth, skills, interests, citizenship status and U.S. work eligibility, references, job and career preferences, location and postal address information (including city, state, and ZIP code), and other profile information (such as your bio and picture). 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.
- Job Application Process. When you apply for a job using the Services, you may provide contact information (including your name, phone number, and email address), date of birth, educational and work history and compensation, professional licenses, skills, and memberships, interests, citizenship status and U.S. work eligibility, job and career preferences, location and postal address information (including city, state, and ZIP code), demographic information (such as gender, military status, race, ethnicity, or national origin), government and work identifiers and licenses, application question responses, schedule and availability, access to transportation, responses to tests and surveys, and documents uploaded for job applications. Some of this information may be added to your Snagajob profile, which you may edit at any time.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your account, profile, or applications, our Services, or other topics you might raise.
- Audio or Visual Information, such as audio recordings if you call our customer service.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Account, Contact, and Business Information. When you create an account to use the Services, we may collect certain information you provide us, such as contact information (including name, phone number, email address, postal address), business information (including business name, industry, FEIN, phone number, locations, links to external business websites, pictures, and business logo), other registration and account information (such as username and password), and account security information.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Employment Opportunity Information, such as title, wage range, locations, availability, desired qualifications and skills, job descriptions and expectations, and job postings.
- Contact and Business Information. If you are a company or other organization that we engage with, we may collect your name, phone number, email address, and postal address, government identifier, and business name, industry, locations, other information related to your employer, and any other information you choose to provide us, including through third-party portals and platforms.
- Financial and Transactional Information. If we need to make payments to you or receive payments from you, we may collect financial account and related transactional information.
- Communications. If you contact us, we may receive information such as your name, email address, and phone number. We also will receive the contents of any communications you have with us. This might include requests, questions, and/or issues regarding your food orders, your account, our Services, or other topics you might raise.
- Events and Programs. If you register for or attend an event or program that we host, sponsor, or attend, we may receive information such as your name, email address, phone number, and other information related to your attendance at the event or program from those who interact with or express interested in us or our Services.
- Surveys, Promotions, and Sweepstakes. If you decide to participate in any surveys, promotions, or sweepstakes, you may provide certain information, such as basic contact information and other information relevant to the survey, promotion, or sweepstakes.
- Usage Data. We may collect and analyze information about how you use our Services. This information includes the dates and times you access our Services, the features you use and the pages you visit, the type(s) of browser through which you access our Services, the content you upload or post to our Services, error logs and other system activity, and the webs or applications through or from which you access our Services.
- Device Data. We collect and analyze information about the device(s) you use to access our Services. This information might include your IP address, information about your device’s hardware, the operating system on your device and the version of that operating system, your language preferences, unique device identifiers, advertising identifiers, and information about the mobile network you use.
- Location Information. When you use the Services, we and our service providers may collect precise location information (in accordance with your device settings and permissions) as well as collect general location information from your computer or mobile device. “General” location information means information to identify the city and state in which your device is located based on its IP address. This information allows us to give you access to content that varies based on your general location (e.g., nearby locations or delivery status). We will ask your permission before collecting your precise GPS location information. In such instances, we may use your precise geo-location information to provide customized services, content, and other information that may be of interest to you. Please note that precise geolocation information is considered “sensitive personal information” under certain privacy laws, and we process this information in accordance with applicable legal requirements. You can disable geolocation tracking on your device. For more information, see the “Your Rights and Choices” section below.
- Information from Cookies and Similar Technologies. We and our service providers collect information through the use of “cookies” and similar technologies, such as tracking pixels, to understand how you navigate through and interact with our Services, to learn what content is popular, to enhance the Services and provide you with a more relevant and personalized experience, for authentication and advertising purposes, to save your preferences, and to collect certain usage, device and location information as described above. We may also collect this kind of information when you interact with email messages or other communications we send you. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use our Services. Tracking pixels (sometimes referred to as web beacons or clear GIFs) are tiny electronic tags with a unique identifier embedded in websites, online ads, and/or email; they are designed to collect usage information like ad impressions or clicks and email open rates, measure the popularity of our Services and associated advertising, and access cookies. We and our vendors (including Adobe Analytics and Google Analytics) also use these technologies and the information collected by them for advertising and data analytics purposes. You can find more information about Adobe’s advertising and analytics practices at adobe.com/privacy/experience-cloud.html. You can find more information about Google’s analytics practices at google.com/policies/privacy/partners.
- Employers, Business Partners, Service Providers, and Researchers. We use business partners, service providers (such as payment processors, survey providers, and analytics providers), and researchers to perform services on our behalf. Some of these partners may have access to information about you that we may or may not otherwise have (for example, where you sign up directly with or otherwise engage with that provider) and may disclose some or all of this information with us. We may also receive results of background and identity verification checks.
- Log-in Services and Social Network Information. If you access the Services through a third-party connection or log-in (e.g., through a social network), you may allow us to have access to and store certain information from your social network profile. This information may include your name, profile picture, your “likes,” and your list of friends, depending on your settings on such services. If you do not wish to have this information disclosed, do not use a social networking connection to access the Services. For a description of how social networking sites handle your information, please refer to their privacy policies and terms of use, which may permit you to modify your privacy settings.
- Other Account Holders or Users. Another account holder or user may provide us with your information, such as contact information in relation to an order or a referral program. If you submit someone else’s personal information to us, you represent that you are authorized to provide this information to us.
- Provide, improve, enhance, personalize, and promote our Services, including creating a profile and saving selected job postings, displaying job opportunities and potential candidates, and facilitating applications and related checks and screenings
- Analyze use of our Services and engaging in related analysis, research, and measuring to better understand how you use the Services, so we can improve them, develop them, and fix errors
- Manage, verify, and authenticate your information, account, and interactions with us
- Communicate with you, including sending communications that you have requested on your behalf, keeping you updated regarding job opportunities, interview requests, application reminders, or jobs you may be interested in, or new applicants to posted jobs, account-specific information, and/or promotions regarding our Services, and for marketing and promotional purposes
- Facilitate requests and applications
- For Employers, to facilitate payments, including arranging for financial deposits and transactions
- Gain insights into prospective customers that might have an interest in our Services
- Provide customer support, including responding to questions, requests, and issues
- Conduct research and improve and develop our Services and partnerships
- Secure our Services and find and help prevent fraud and abuse
- Understand, detect, and resolve problems with the Services
- Resolve disputes, protect ourselves, our users, and others, exercise our legal rights and enforce any legal terms that govern use of our Services
- Comply with laws, regulations, and other legal process and procedures
4. How We Disclose Information We Collect
- Employers and Vendors. We may provide access to or disclose your information, as a Seeker, with Employers (or service providers acting on behalf of an employer) 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 disclose information with the relevant Employer (or a services provider acting on behalf of the employer) and when you complete a job application, we will disclose your application responses with the relevant Employer (or a service provider acting on behalf of an employer). In accordance with your profile settings, we may disclose your profile information with Employers who are searching for eligible job applicants. Moreover, we may disclose your information with vendors performing services on behalf of the Employers; for instance, a background check provider, identity verification provider, or payroll provider.
- Seekers. We may provide access to or disclose your information, as an Employer, with Seekers at your request. For example, if you post a job opportunity, we may disclose 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 disclose relevant information at your direction to provide those services.
- Service Providers. We provide access to or disclose your information to third parties that perform services on our behalf, such as billing, payment processing, advertising, web and other analytics, data storage and processing, customer support, security, fraud prevention, and other services.
- For Legal Reasons or the Protection of Us and Others. We will disclose the information we collect about you if required by law or legal process or if we believe in good faith that disclosure is reasonably necessary to: (i) enforce our Terms of Use, this Privacy Policy, or other contracts with you, including investigation of potential violations thereof; (ii) respond to claims that any content violates the rights of third parties; and/or (iii) protect the rights, property or personal safety of Snagajob, users of our Services, and/or others. This includes exchanging information with other companies and organizations for fraud protection, spam/malware prevention, and similar purposes.
- Business Transfers. In the event of sale (of some or all of our assets), transfer, merger, reorganization, dissolution, or similar event involving our business (including in contemplation of such transactions), your information may be among the transferred business assets. If such transfer is subject to any mandatory restrictions under applicable laws, we will comply with those restrictions.
- Your Consent. If you consent to our disclosure of your information, including through account settings, we will disclose your information consistent with your consent and account settings. For instance, 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.
5. Aggregate/De-Identified Information
6. Your Rights and Choices
- 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 disclose personal information.
- Provide you access to and/or a copy of certain personal information we hold about you.
- Correct or update 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.
- Opt you out of the processing of your personal information for purposes of profiling in furtherance of decisions that produce legal or similarly significant effects, if applicable.
7. How We Protect Your Data and Our Services
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.
9. Third-Party Links and Features
10. Children’s Privacy
11. Changes to our Privacy Policy
12. Contact Information
Effective November 5th 2021 to December 22nd 2022
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 (or service providers acting on behalf of an employer) 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 (or a services provider acting on behalf of the employer) and when you complete a job application, we will share your application responses with the relevant Employer (or a service provider acting on behalf of an 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.
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. 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 please use the form found at Snagajob Knowledge Base.
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 February 15th 2021 to November 5th 2021
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.
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. 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 please use the form found at Snagajob Knowledge Base.
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 November 30th 2020 to February 15th 2021
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 26th 2020 to November 30th 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 9th 2020 to October 26th 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 6th 2020 to June 9th 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 6th 2020 to May 6th 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 6th 2020 to May 6th 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.
- 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.
Effective May 5th 2020 to May 6th 2020
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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.
Snagajob Shifts SMS/MMS Terms
Effective July 1st 2021
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Snagajob Shifts SMS/MMS Terms
Snagajob Shift Alerts SMS/MMS/Text Program Terms & Conditions
By participating in the Snagajob Shift Alerts SMS/MMS/Text Program (the “Shift Alerts Program” or “Program”), you agree to be bound by the terms and conditions set forth herein.
- Shift Alerts Program Content: Snagajob will send SMS and/or MMS messages to inform you of work opportunities in your area or updates as they relate to shifts you have claimed or requested. We may also send you updates in regards to shift status, product updates or your account.
- Message Frequency: Shift Alerts Program participants will receive 3 messages per shift depending in part on how many shifts are requested, claimed or updated or if any changes have been made on your account. Text “HELP” for help. Text “STOP” to cancel.
- Authorized Participation: By enrolling in the Shift Alerts Program, you certify that you are authorized: (a) to enroll the designated mobile phone number in the Program, (b) to incur any mobile message or data charges that may be incurred by participating in the Program, and (c) expressly consent to be contacted by Snagajob via SMS and MMS messages even if your telephone number is listed on federal, state, provincial or other applicable “Do Not Call” lists in order to receive the Program Content described above.
- To Stop Messages or Opt Out: To stop receiving Snagajob Shift Alerts Program messages, reply STOP to 78395 or contact the Snagajob Customer Support team at 855-317-9649. If opting-out via a STOP reply message, you consent to receive a text message confirming your opt-out request. You agree to allow up to five business days to process your request. If you opt-out of the Shift Alerts Program, you will continue to receive MMS messages through any other Snagajob SMS or MMS program to which you have separately subscribed until you separately unsubscribe from those programs. You may also contact our Customer Support team at 855-317-9649 or shiftworker@snagajob.com to request to be unsubscribed from all Snagajob SMS/MMS programs you have joined. You acknowledge that our Program SMS/MMS platform may not recognize and respond to Program opt-out requests that do not include the STOP keyword command and you agree that Snagajob and its representatives will have no liability to you for failing to honor such requests. If you attempt to stop receiving Snagajob Shift Alerts via a STOP reply message to 78395 and you do not promptly receive a text message confirming your opt-out request, you agree to contact our Customer Support team at 855-317-9649 to confirm your request.
- If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
- To receive Help, reply HELP to 78395 or contact the Snagajob Customer Support team at 855-317-9649. Participants may also email Snagajob Customer Support shiftworker@snagajob.com or visit https://www.snagajob.com/shifts/contact-us/ for help or for questions about the Shift Alerts Program.
- Cost to Participate: Message and Data Rates may apply. Check your mobile plan for details. Snagajob is not responsible for any messaging or data charges incurred by Program participants.
- Carriers Supported: The Program may not be available through all carriers or supported by all devices. If your device does not support MMS alerts then you will receive an SMS alert.
- Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
- T-Mobile is not liable for delayed or undelivered messages.
- For all questions about the services provided by this short code, you can send an email to shiftworker@snagajob.com.
- If you have any questions regarding privacy, please read our privacy policy.
Effective May 6th 2020 to July 1st 2021
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Snagajob Shifts SMS/MMS Terms
Snagajob Shift Alerts SMS/MMS/Text Program Terms & Conditions
By participating in the Snagajob Shift Alerts SMS/MMS/Text Program (the “Shift Alerts Program” or “Program”), you agree to be bound by the terms and conditions set forth herein.
- Shift Alerts Program Content: Snagajob will send SMS and/or MMS messages to inform you of work opportunities in your area or updates as they relate to shifts you have claimed or requested. We may also send you updates in regards to shift status, product updates or your account.
- Message Frequency: Shift Alerts Program participants will receive 3 messages per shift depending in part on how many shifts are requested, claimed or updated or if any changes have been made on your account. Text “HELP” for help. Text “STOP” to cancel.
- Authorized Participation: By enrolling in the Shift Alerts Program, you certify that you are authorized: (a) to enroll the designated mobile phone number in the Program, (b) to incur any mobile message or data charges that may be incurred by participating in the Program, and (c) expressly consent to be contacted by Snagajob via SMS and MMS messages even if your telephone number is listed on federal, state, provincial or other applicable “Do Not Call” lists in order to receive the Program Content described above.
- To Stop Messages or Opt Out: To stop receiving Snagajob Shift Alerts Program messages, reply STOP to 78395 or contact the Snagajob Customer Support team at 866-277-1995. If opting-out via a STOP reply message, you consent to receive a text message confirming your opt-out request. You agree to allow up to five business days to process your request. If you opt-out of the Shift Alerts Program, you will continue to receive MMS messages through any other Snagajob SMS or MMS program to which you have separately subscribed until you separately unsubscribe from those programs. You may also contact our Customer Support team at 866-277-1995 or shiftworker@snagajob.com to request to be unsubscribed from all Snagajob SMS/MMS programs you have joined. You acknowledge that our Program SMS/MMS platform may not recognize and respond to Program opt-out requests that do not include the STOP keyword command and you agree that Snagajob and its representatives will have no liability to you for failing to honor such requests. If you attempt to stop receiving Snagajob Shift Alerts via a STOP reply message to 78395 and you do not promptly receive a text message confirming your opt-out request, you agree to contact our Customer Support team at 866-277-1995 to confirm your request.
- If you want to join again, just sign up as you did the first time and we will start sending messages to you again.
- To receive Help, reply HELP to 78395 or contact the Snagajob Customer Support team at 866-277-1995. Participants may also email Snagajob Customer Support shiftworker@snagajob.com or visit https://www.snagajob.com/shifts/contact-us/ for help or for questions about the Shift Alerts Program.
- Cost to Participate: Message and Data Rates may apply. Check your mobile plan for details. Snagajob is not responsible for any messaging or data charges incurred by Program participants.
- Carriers Supported: The Program may not be available through all carriers or supported by all devices. If your device does not support MMS alerts then you will receive an SMS alert.
- Participating carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Boost Mobile, MetroPCS, Virgin Mobile, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central, IL (ECIT), Cellular One of Northeast Pennsylvania, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
- T-Mobile is not liable for delayed or undelivered messages.
- For all questions about the services provided by this short code, you can send an email to shiftworker@snagajob.com.
- If you have any questions regarding privacy, please read our privacy policy.
E-Signature Disclosures & Consent
Effective June 15th 2020
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Consent to receive, review, access, sign & authenticate certain documents, forms, letters, & other information electronically
Snag.Work LLC ("Snagajob") is a provider of on-demand workers to fill shifts as requested by employers.
You are agreeing to electronically access, receive, review, sign, and authenticate certain documents, forms, and/or letters ("Materials") covered by the federal U.S. Electronic Signatures in Global and National Commerce Act ("E-SIGN"), various U.S. state electronic transactions acts ("ETAs"), and/or the separate state laws of Illinois, New York, and Washington, including but not limited to the following Materials:
- Applications for employment
- Offer letter, Confidentiality Agreement, and Arbitration Agreement which are a condition of your employment with Snagajob; and/or
- Any other materials provided by Snagajob in order to facilitate your employment and the filling of shifts.
These E-Signature Disclosures & Consent apply to all Materials, both current and future, related to your employment with Snagajob.
You are agreeing that your electronic signature is the equivalent of your handwritten (or wet) signature, with all the same legal and binding effect. In certain cases throughout your use of this system, you may be asked to click buttons labeled "I Agree," "I Acknowledge," or using similar words, or otherwise electronically to acknowledge, accept, review, etc. Materials. These E-Signature Disclosures & Consent apply to those instances as well. You also understand that, in its sole discretion, Snagajob may mail, hand-deliver, communicate, or otherwise send you hard-copy Materials.
You may obtain a paper copy of any electronic Materials, including ones already or to be accessed, received, reviewed, and/or signed electronically from Snagajob by sending a written request to Snagajob at 4851 Lake Brook Drive, Glen Allen, Virginia 23060. You will be charged a reasonable fee to cover the costs of providing a paper copy.
You may withdraw your consent to receive, review, access, sign, and authenticate any additional electronic Materials at any time by canceling these E-Signature Disclosures & Consent. You may cancel these E-Signature Disclosures & Consent and withdraw your consent now by not completing this E-Signature Disclosures & Consent form and exiting the system. You may cancel these E-Signature Disclosures & Consent and withdraw your consent in the future by sending a written cancellation request to Snagajob at 4851 Lake Brook Drive, Glen Allen, Virginia 23060 or customersupport@snagajob.com. Any withdrawal of your consent will be effective after a reasonable period of time in order for Snagajob to process your withdrawal. Withdrawal of your consent will have no legal effect on the validity, effectiveness, or enforceability of (a) any authorization, consent, or e-signature provided by you prior to the effective date of your withdrawal or (b) any document, form, letter, etc. that was provided or made available to you in electronic format prior to the effective date of your withdrawal. Withdrawal of your consent (i.e., canceling these E-Signature Disclosures & Consent) will terminate your access to Snagajob's online system.
You must update Snagajob regarding the information necessary to contact you electronically (including your personal email address) by emailing customersupport@snagajob.com. Snagajob may electronically send Materials to your work or personal email addresses, in its discretion.
To access these electronic Materials, you must have (a) a personal computer or mobile device and an operating system capable of receiving, accessing, displaying, and either printing or storing information, (b) an Internet connection, and (c) Internet Browser Software such as Internet Explorer®, Google Chrome®, Safari®, or Firefox®. Your Internet Browser Software must support 128-bit encryption and Secure Sockets Layer (SSL) protocol. If you are able to see these E-Signature Disclosures & Consent, your hardware and software should allow you to access these electronic Materials.
To retain any of these electronic Materials, you may either print or download them. To print these Materials on your computer, you will need a printer connected to your computer with adequate paper. To download these Materials on your computer, you will need an available storage medium, like a hard drive on your computer or a removable thumb drive. To print these Materials on your mobile device, you will need a printer linked with your device (e.g., via Wi-Fi, Bluetooth®, etc.) and/or an application (app) that allows for printing. To store these Materials on your mobile device you will need (1) sufficient storage space on your mobile device and (2) an app or function that allows for the capture of electronic data (e.g., a screenshot). Please follow the instructions for your particular computer operating system and/or software to print and/or to download these Materials. Each individual screen may need to be printed and/or downloaded separately. If you have trouble printing and/or downloading, please contact the manufacturer of your personal computer or mobile device, computer operating system, web browser, app, or other relevant software or another information source of your choosing.
Effective June 15th 2020 to June 15th 2020
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Consent to receive, review, access, sign & authenticate certain documents, forms, letters, & other information electronically
Snag.Work LLC ("Snagajob") is a provider of on-demand workers to fill shifts as requested by employers.
You are agreeing to electronically access, receive, review, sign, and authenticate certain documents, forms, and/or letters ("Materials") covered by the federal U.S. Electronic Signatures in Global and National Commerce Act ("E-SIGN"), various U.S. state electronic transactions acts ("ETAs"), and/or the separate state laws of Illinois, New York, and Washington, including but not limited to the following Materials:
- Applications for employment
- Offer letter, Confidentiality Agreement, and Arbitration Agreement which are a condition of your employment with Snagajob; and/or
- Any other materials provided by Snagajob in order to facilitate your employment and the filling of shifts.
These E-Signature Disclosures & Consent apply to all Materials, both current and future, related to your employment with Snagajob.
You are agreeing that your electronic signature is the equivalent of your handwritten (or wet) signature, with all the same legal and binding effect. In certain cases throughout your use of this system, you may be asked to click buttons labeled "I Agree," "I Acknowledge," or using similar words, or otherwise electronically to acknowledge, accept, review, etc. Materials. These E-Signature Disclosures & Consent apply to those instances as well. You also understand that, in its sole discretion, Snagajob may mail, hand-deliver, communicate, or otherwise send you hard-copy Materials.
You may obtain a paper copy of any electronic Materials, including ones already or to be accessed, received, reviewed, and/or signed electronically from Snagajob by sending a written request to Snagajob at 4851 Lake Brook Drive, Glen Allen, Virginia 23060. You will be charged a reasonable fee to cover the costs of providing a paper copy.
You may withdraw your consent to receive, review, access, sign, and authenticate any additional electronic Materials at any time by canceling these E-Signature Disclosures & Consent. You may cancel these E-Signature Disclosures & Consent and withdraw your consent now by not completing this E-Signature Disclosures & Consent form and exiting the system. You may cancel these E-Signature Disclosures & Consent and withdraw your consent in the future by sending a written cancellation request to Snagajob at 4851 Lake Brook Drive, Glen Allen, Virginia 23060 or customersupport@snagajob.com. Any withdrawal of your consent will be effective after a reasonable period of time in order for Snagajob to process your withdrawal. Withdrawal of your consent will have no legal effect on the validity, effectiveness, or enforceability of (a) any authorization, consent, or e-signature provided by you prior to the effective date of your withdrawal or (b) any document, form, letter, etc. that was provided or made available to you in electronic format prior to the effective date of your withdrawal. Withdrawal of your consent (i.e., canceling these E-Signature Disclosures & Consent) will terminate your access to Snagajob's online system.
You must update Snagajob regarding the information necessary to contact you electronically (including your personal email address) by emailing customersupport@snagajob.com. Snagajob may electronically send Materials to your work or personal email addresses, in its discretion.
To access these electronic Materials, you must have (a) a personal computer or mobile device and an operating system capable of receiving, accessing, displaying, and either printing or storing information, (b) an Internet connection, and (c) Internet Browser Software such as Internet Explorer®, Google Chrome®, Safari®, or Firefox®. Your Internet Browser Software must support 128-bit encryption and Secure Sockets Layer (SSL) protocol. If you are able to see these E-Signature Disclosures & Consent, your hardware and software should allow you to access these electronic Materials.
To retain any of these electronic Materials, you may either print or download them. To print these Materials on your computer, you will need a printer connected to your computer with adequate paper. To download these Materials on your computer, you will need an available storage medium, like a hard drive on your computer or a removable thumb drive. To print these Materials on your mobile device, you will need a printer linked with your device (e.g., via Wi-Fi, Bluetooth®, etc.) and/or an application (app) that allows for printing. To store these Materials on your mobile device you will need (1) sufficient storage space on your mobile device and (2) an app or function that allows for the capture of electronic data (e.g., a screenshot). Please follow the instructions for your particular computer operating system and/or software to print and/or to download these Materials. Each individual screen may need to be printed and/or downloaded separately. If you have trouble printing and/or downloading, please contact the manufacturer of your personal computer or mobile device, computer operating system, web browser, app, or other relevant software or another information source of your choosing.
Non-Disclosure Agreement
Effective July 1st 2021
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- Confidential Information.
"Confidential Information" means information relating to Snagajob's or its customers' business or technology which is disclosed to You, whether written or oral, and in any form, of a technical or nontechnical nature, including, without limitation, research and development, manuals, reports, trade secrets, methodologies, strategic or business plans, proprietary information, techniques and processes, related to the current, future and proposed products and services of Snagajob and/or its customers, processes, prices, sales and marketing plans, pricing information, customer lists and other customer information, financial information and employee files or other employee information, and any other information that by its nature reasonably should be considered confidential and/or proprietary. - Limited Use of Confidential Information.
- Subject to the exceptions in Paragraph 5, You agree to use the Confidential Information received hereunder solely for the purpose of performance of services for Snagajob and its customers (the "Purpose"). You agree to use the Confidential Information only to the extent necessary to achieve the Purpose.
- Upon the written request of Snagajob before, upon or after completion of the Purpose, You shall promptly return all copies of the Confidential Information, in whatever form or media, to Snagajob or, at the direction of Snagajob, destroy the same. You shall certify in writing to Snagajob such return or destruction within ten (10) days thereafter.
- Ownership of Confidential Information; Right to Disclose Confidential Information.
All Confidential Information is, and shall remain, the property of Snagajob or Snagajob's customer. Nothing herein shall be construed as granting or conferring any rights by license or otherwise in the Confidential Information except as expressly provided herein. You acquire hereunder only a limited right to use the Confidential Information solely for the Purpose, subject to the terms and conditions of this Agreement. - Obligation of Confidentiality.
You agree that You shall use not less than reasonable care and means, to prevent the unauthorized use or the disclosure of the Confidential Information to third parties. You may not alter, decompile, disassemble, reverse engineer, or otherwise modify any Confidential Information received hereunder and the mingling of the Confidential Information with your information shall not affect the confidential nature or ownership of the same as stated hereunder. - Exceptions to Obligation of Confidentiality.
This Agreement shall impose no obligation of confidentiality upon You with respect to any portion of the Confidential Information received hereunder which is: (i) now or hereafter, through no unauthorized act or failure to act on receiving party's part, publicly available, (ii) known to You without an obligation of confidentiality at the time You receive the same from Snagajob, as evidenced by written records; (iii) hereafter furnished to You by a third Party as a matter of right and without restriction on disclosure; or (iv) independently developed by You without use of the Confidential Information as evidenced by written records. Nothing in this Agreement shall prevent You from disclosing Confidential Information to the extent You are legally compelled to do so by any governmental, investigative or judicial agency or court; provided, however, that prior to any such disclosure, You shall (a) assert the confidential nature of the Confidential Information to the agency or court; (b) notify Snagajob in writing of the order or request to disclose as soon as reasonably practicable (so long as doing so is not prohibited by law); and (c) cooperate fully with Snagajob, in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of the compelled disclosure and protecting its confidentiality. Further, nothing in this Agreement prevents You from disclosing Confidential Information if necessary, for making a good faith report to a federal, state or local government agency of a potential violation of law or regulation. You may make such disclosures without providing notice, advance or otherwise, to Snagajob. - No Warranty.
Snagajob makes no warranty, express or implied, as to any Confidential Information that it may provide hereunder, including without limitation as to the accuracy of the Confidential Information, as to whether any new products will be produced as disclosed, or as to the availability of product(s) on any specific date. - Severability; Waiver.
If any part of this Agreement is held by a court of competent jurisdiction to be illegal or contrary to public policy or otherwise unenforceable, such invalid or unenforceable part shall be deemed modified or eliminated to the extent which, in the court's opinion, is necessary to make the remaining part(s) enforceable. The waiver by a party of any right hereunder will not be considered a waiver thereof unless expressly waived in a writing signed by the waiving party. No single waiver will be considered a continuing or subsequent waiver. - Equitable Remedies; Attorney's Fees.
Snagajob and You agree that it may be impossible to assess the damages caused by your violation of this Agreement or any of its terms. You agrees that any threatened or actual violation of this Agreement or any of its terms will constitute immediate and irreparable injury to Snagajob and Snagajob shall have the right to enforce this Agreement and any of its provisions by injunction, specific performance or other equitable relief, without bond and without prejudice to any other rights and remedies that Snagajob may have for a breach or threatened breach of this Agreement. You agree that if Snagajob is successful in whole or in part in any legal or equitable action against You for breach or threatened breach of this Agreement, Snagajob shall be entitled to payment of all of its costs, including reasonable attorney's fees, from You. - Miscellaneous.
This Agreement is intended as the complete and exclusive agreement as to the protection of the Confidential Information and supersedes all prior proposals, discussions, agreements, or commitments, whether oral or written, between the parties regarding such subject matter. This Agreement may only be modified in writing by authorized representatives of the parties. This Agreement shall be construed in accordance with, and all disputes hereunder shall be governed by, the laws of the Commonwealth of Virginia but without giving effect to the conflict of laws rules thereunder. This Agreement represents the entire understanding of Snagajob and You with respect to the subject matter of the Agreement. It cannot be changed or modified except in a writing signed by both parties. - Term.
This Agreement shall terminate three (3) years after the termination of your employment with Snagajob.
Arbitration Agreement
Effective July 1st 2021
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- If a wage or employment classification dispute of any kind ("Dispute") arises related to the services you provide to Snagajob or to clients of Snagajob, any terms, conditions or other matters related in any way to your relationship with Snagajob (or its successors) or its clients to which you provide services (or their successors), or the termination of your relationship with Snagajob, both You and Snagajob (and its successors, predecessors, benefit plans, directors, officers, employees, supervisors and agents) agree to submit the Dispute exclusively to binding arbitration, including, but not limited to, Disputes arising under statutory law (including, but not limited to any laws related to employment misclassification, wage payment, wage statements, minimum wage, overtime, meal and rest breaks, or any other wage and hour laws), and any other local, state or federal laws, excepting only claims which may not, by law, be arbitrated (collectively, "Claims"). This agreement to arbitrate shall apply to any and all Claims, whether asserted by You against the Company and/or any other entity, including but not limited to any Company client.
- Both You and the Company acknowledge that both parties are relinquishing their right to a jury trial in civil court. By signing this Agreement, the parties agree that arbitration is the exclusive remedy for all disputes related to the matters discussed in Paragraph 1 of this Agreement.
- The arbitration shall be held before a single arbitrator licensed to practice law and experienced in employment law, and administered by JAMS (or any successor) pursuant to its Employment Arbitration Rules & Procedures and subject to JAMS Policy on Employment Arbitration Minimum Standards of Procedural Fairness, except as provided otherwise in this Agreement. Such arbitration shall take place in the county in which You primarily provide(d) services to the Company or its clients. In any arbitration, the burden of proof shall be allocated as provided by applicable law. Either party may bring an action in court to compel arbitration under this Agreement and to enforce an arbitration award. Discovery (e.g., depositions, interrogatories, document requests, etc.) shall be available to the Company and You as though the dispute were pending in the state or local court where You primarily provide(d) services to the Company or its clients. The arbitrator shall have the ability to rule on pre-hearing motions, as though the matter were pending in the state court where You primarily provide(d) services to the Company or its clients, including the ability to rule on a motion for summary judgment or other dispositive motion. The arbitrator's authority shall extend to determinations regarding the scope or applicability of this agreement to arbitrate. Any party's right to appeal or to seek modification of rulings by the arbitrator is strictly limited by state law and the Federal Arbitration Act.
- This Agreement shall not apply to claims for unemployment insurance, workers' compensation, claims under an employee benefit plan, the terms of which contain its own arbitration or claims review procedure, or claims which parties are legally prohibited from submitting to arbitration, to the extent You are entitled to bring any such claims.
- Nothing in this Agreement restricts You from exercising statutory rights to seek assistance through resort to federal or state enforcement agencies. However, if an agency issues a right to sue notice, binding arbitration will be the sole remedy to the extent permitted by law. Should either party institute any legal action or administrative proceeding with respect to any claim waived by this Agreement or pursue any dispute or matter covered by this Agreement by any method other than the arbitration described herein, the responding party shall be entitled to recover from the other party all damages, costs, expenses and attorneys' fees incurred as a result of such action, including any appeal.
- Claims must be brought by either You or the Company in Your or its individual capacity, not as plaintiffs or class members in any purported class, collective or representative proceeding or as a private attorney general, and the arbitrator shall not have the power to hear the arbitration as a class, collective or representative action. To the extent permitted by law, both You and the Company waive the right to bring, maintain, participate in, or receive money from any class, collective or representative proceeding. In the event that an arbitrator or court determines a claim must be permitted to be brought as a class or in a collective action, then this agreement to arbitrate is null and void with respect to the claim(s) permitted to be brought as a class or collection action, except for the waiver of jury trial found in this Agreement, and such class or collective action must be brought in the appropriate court system and not in arbitration.
- The fees of the arbitrator and any other fees for the administration of the arbitration that would not normally be incurred if the action were brought in a court of law shall be paid by the Company. However, You shall be required to pay the amount of those fees equal to that which You would have been required to pay to file a lawsuit in the state court of your residence. The arbitrator must provide a written decision, which is subject to limited judicial review consistent with applicable law.
- Except as otherwise prohibited by law, and except as necessary to seek entry of judgment (which is required to be done under seal, unless prohibited by the court) upon an award as required by law, all arbitration proceedings pursuant to or in connection with this Agreement (including, but not limited to, any and all filings, discovery, hearings, reports, disclosures, exhibit lists, witness lists, exhibits, transcripts, decisions, opinions and awards, and their contents) shall be kept strictly confidential and not disclosed to third parties. In addition, all confidential or sensitive information, to the extent necessary to be disclosed to the arbitrator or exchanged between the Parties in connection with the prosecution or defense of a claim or counter-claim or cross-claim, shall be disclosed only to the most limited extent necessary and if disclosed, shall be disclosed only after the Parties and the arbitrator have entered into an agreement further protecting such information from disclosure to the public or third parties and taken any additional measures to guard and preserve the confidential nature of the information. Further, any disputes concerning confidentiality that cannot be resolved will be submitted to the arbitrator prior to making any disclosures. This provision shall not exempt from discovery in any other or future action any evidence otherwise discoverable merely because it is presented in, referred to, discussed in the course of, or in connection with proceedings pursuant to this Agreement. Nothing in this Agreement waives or limits either Party's right to provide truthful information to or communicate in good faith with a federal, state or local regulatory or law enforcement agency, or to prevent either Party from taking reasonable steps to investigate or obtain discovery related to any Dispute or Claim.
- This Agreement is not and shall not be construed to create any contract of employment, express or implied, or otherwise alter the terms of your engagement with Snagajob.
- This Agreement is governed by the Federal Arbitration Act ("FAA") to the maximum extent permitted by applicable law. Either Party may bring an action in any court of competent jurisdiction pursuant to the FAA to compel arbitration under this Agreement and to confirm, correct, vacate or otherwise enforce an arbitration award. For purposes not addressed by the FAA, this Agreement shall be governed by and shall be interpreted in accordance with the laws of the Commonwealth of Virginia, without regard to conflict of law principles.
- In addition to any other consideration to which You are not otherwise entitled, including Your engagement with the Company and receipt of the compensation and other benefits paid to You by Snagajob, each Party's mutual promise to resolve disputes by arbitration in accordance with the provisions of this Agreement, rather than through the courts or other bodies, is consideration for the other Party's like promise. The Parties agree that the consideration set forth in this Paragraph is wholly adequate to support this Agreement.
- This Agreement reflects the complete agreement between You and Snagajob on the subject matter of this Agreement. Neither You nor Snagajob should rely or are relying on anything outside of this Agreement regarding its effect, enforceability, or its meaning, except as specifically set forth in this Agreement. If any provision of this Agreement, or a portion thereof, is determined to be void or otherwise unenforceable, in whole or in part, the provision or portion thereof shall be severed and all other provisions not determined to be unenforceable will still remain in full force and effect. The agreement to arbitrate any Claim under this Agreement will survive the termination of your relationship with Snagajob. This Agreement cannot be modified or revoked except by an express writing signed by You and an authorized officer of Snagajob.
Food Employee Reporting Agreement
Effective July 1st 2021
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- Diarrhea
- Vomiting
- Jaundice
- Sore throat with fever
- Infected cuts or wounds, or lesions containing pus on the hand, wrist, an exposed body part, or other body part and the cuts, wounds, or lesions are not properly covered (such as boils and infected wounds, however small)
- Exposure to or suspicion of causing any confirmed disease outbreak of Norovirus, typhoid fever, shigellosis, E. coli O157:H7 or other STEC infection, or hepatitis A.
- A household member diagnosed with Norovirus, typhoid fever, shigellosis, illness due to STEC, or hepatitis A.
- A household member attending or working in a setting experiencing a confirmed disease outbreak of Norovirus, typhoid fever, shigellosis, E. coli O157:H7 or other STEC infection, or hepatitis A.
- Reporting requirements specified above involving symptoms, diagnoses, and exposure specified
- Work restrictions or exclusions that are imposed upon me
- Good hygienic practices.
Employee Handbook
OSHA Posters
Effective July 26th 2023
DownloadTable of Contents
-
- Diversity in the Workplace Notice
- EEO Supplement
- EEO - Know Your Rights
- Employee Polygraph Protection Act
- Employee Rights under Federal Labor Laws
- Fair Labor Standards Act Minimum Wage Notice
- Family _ Medical Leave Act Notice
- OSHA Notice
- Right to Work Notice
- Workers with Disabilities Notice
- Your Rights Under USERRA
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- DC Accrued Sick _ Safe Leave
- DC Building Services Act Poster
- DC COVID FMLA Poster
- DC EEO Poster
- DC FMLA Poster
- DC Living Wage Act Poster
- DC Minimum Wage Poster
- DC Paid Leave Act
- DC Parental Leave Act Poster
- DC Pregnant Workers Fairness Act
- DC Public Accommodations Notice
- DC The Right to Breastfeed Poster
- DC Time Off to Vote Notice
- DC Unemployment Insurance Notice
- DC Workers Comp Poster
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- MD Earned Income Tax Credit Notice
- MD Earned Sick and Safe Leave Notice
- MD Equal Employment Opportunity Poster
- MD Equal Pay for Equal Work Poster
- MD Health Insurance Coverage Notice
- MD Minimum Wage _ Overtime Law Poster
- MD Occupational Safety _ Health Act Notice
- MD Pregnancy Accommodation _ Disability Poster
- MD Workers Compensation Notice
Effective July 26th 2023 to July 26th 2023
DownloadTable of Contents
-
- Diversity in the Workplace Notice
- EEO Supplement
- EEO - Know Your Rights
- Employee Polygraph Protection Act
- Employee Rights under Federal Labor Laws
- Fair Labor Standards Act Minimum Wage Notice
- Family _ Medical Leave Act Notice
- OSHA Notice
- Right to Work Notice
- Workers with Disabilities Notice
- Your Rights Under USERRA
-
- DC Accrued Sick _ Safe Leave
- DC Building Services Act Poster
- DC COVID FMLA Poster
- DC EEO Poster
- DC FMLA Poster
- DC Living Wage Act Poster
- DC Minimum Wage Poster
- DC Paid Leave Act
- DC Parental Leave Act Poster
- DC Pregnant Workers Fairness Act
- DC Public Accommodations Notice
- DC The Right to Breastfeed Poster
- DC Time Off to Vote Notice
- DC Unemployment Insurance Notice
- DC Workers Comp Poster
-
- MD Earned Income Tax Credit Notice
- MD Earned Sick and Safe Leave Notice
- MD Equal Employment Opportunity Poster
- MD Equal Pay for Equal Work Poster
- MD Health Insurance Coverage Notice
- MD Minimum Wage _ Overtime Law Poster
- MD Occupational Safety _ Health Act Notice
- MD Pregnancy Accommodation _ Disability Poster
- MD Workers Compensation Notice
