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1. Introduction. Please read this page carefully. It contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of the Career Site (as defined below) provided by AutomotoSocial, LLC (“AutomotoHR”) on behalf of the Employer. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the AutomotoHR Career Site or Services. These Terms and Conditions are effective as of November 17, 2015.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by AutomotoHR) form a binding agreement (the "Agreement") between you and AutomotoHR. Your access to or use of the AutomotoHR Career Site or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Career Site at your own risk.
3. Certain Definitions. The following definitions apply to
this Agreement:
3.1 “AutomotoHR Materials” includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
3.2 “Content” includes all Text, Graphics, Design and Programming used on the Career Site.
3.3 “Design” includes the color combinations and the page layout of the Career Site.
3.4 “Document” refers to any posting to the Career Site, whether job or resume.
3.5 “Employer” means the person or entity whose career and employment opportunities are promoted on this Career Site.
3.6 “Graphics” includes all logos, buttons, and other graphical elements on the Career Site, with the exception of paid advertising banners.
3.7 “Job Seeker” means a User who is accessing the Career Site to search for a job or in any other capacity except as an Employer.
3.8 “Programming” includes both client-side code (e.g. HTML, JavaScript, etc.) and server-side code (e.g. active server pages, VBScript, databases, etc.) used on the Career Site.
3.9 “Services” means any services provided by AutomotoHR or its agents.
3.10 “Career Site” means a recruiting platform operated by AutomotoHR on behalf of the Employer and includes the Content, Text, Graphics, Design, Programming, AutomotoHR Materials and Services (as applicable in each context).
3.11 “Text” includes all text on every page of the Career Site, whether editorial, navigational, or instructional.
3.12 “User” refers to any individual or entity that uses any aspect of the Career Site.
3.13 “You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
4. Intellectual Property Rights and
Acceptable Use of the Career Site and Services.
4.1 General Use Rules. The Career Site is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Career Site only for lawful purposes within the stated context of AutomotoHR intended and acceptable use of the Career Site. AutomotoHR is the sole interpreter of the Career Site’s intended and acceptable use.
4.2 AutomotoHR Intellectual Property Rights. The Career Site, the AutomotoHR Materials and all right, title and interest in and to the Career Site and AutomotoHR Materials are the sole property of AutomotoHR or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, AutomotoHR reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or AutomotoHR Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Career Site; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any Services provided on the Career Site other than the search engine and search agents available from AutomotoHR on such Career Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Career Site, without the express written consent of AutomotoHR. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. "AutomotoHR “Personified”, the AutomotoHR design logo and certain other names or logos are service marks or trademarks of AutomotoHR, and all related product and service names, design marks and slogans are the service marks or trademarks of AutomotoHR. In addition, the "look" and "feel" of the Career Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by AutomotoHR trademarks, service marks and copyrights. Any code that AutomotoHR creates to generate or display the Content or the pages making up the Career Site is also protected by AutomotoHR copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or AutomotoHR Materials on any authorized copy you make of the Content or AutomotoHR Materials. All other product and service marks contained on the Career Site are the trademarks of their respective owners.
4.3 License for Use by Job Seekers. AutomotoHR hereby grants you a limited, terminable, non-exclusive right to access and use the Career Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Career Site solely for your personal, non-commercial use. You agree that you are solely responsible for the content of any Document you post to the Career Site and any consequences arising from such posting. Your use of the Career site is a privilege. AutomotoHR reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.4 Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Career Site and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Career Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Career Site complies with these Terms and Conditions and all applicable laws.
4.5 User Submissions. AutomotoHR welcomes your comments regarding the Services and the Career Site and appreciates hearing from you. Please note, however, that AutomotoHR does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send AutomotoHR creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of AutomotoHR. User Submissions and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on AutomotoHR part, and AutomotoHR will not be liable for any use or disclosure of any User Submission. AutomotoHR shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
5. Disclaimers and Limitations on AutomotoHR Liability.
5.1 Allocation of Responsibility AutomotoHR assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. AutomotoHR acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, AutomotoHR may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. AutomotoHR has no liability or responsibility to Users for performance or nonperformance of such activities. AutomotoHR may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
5.2 No endorsements by AutomotoHR. Nothing on the Career Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
5.3 WARRANTY
DISCLAIMERS.
(a) THE CAREER SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. AutomotoHR, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. AutomotoHR MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CAREER SITE.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) AutomotoHR DOES NOT WARRANT THAT THE CAREER SITE WILL OPERATE ERROR-FREE OR THAT THE CAREER SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE CAREER SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, AutomotoHR IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) AutomotoHR MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY DOCUMENTS POSTED BY USERS, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS. DOCUMENTS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT ANY RELIANCE ON DOCUMENTS POSTED BY USERS, OR ON ANY OTHER FORM OF COMMUNICATION WITH USERS, WILL BE AT YOUR OWN RISK.
(iii) AutomotoHR MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF THE CAREER SITE, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS.
(iv) AutomotoHR MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. AutomotoHR DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
5.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE CAREER SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE CAREER SITE.
(b) IN NO EVENT SHALL AutomotoHR (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE CAREER SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AutomotoHR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL NOT APPLY TO ANY PAYMENT AND INDEMNIFICATION OBLIGATIONS DESCRIBED HEREIN.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN AutomotoHR MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL AutomotoHR (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00.
(e) DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT AutomotoHR WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.
5.5 User Authentication. Because User authentication on the Internet is difficult, AutomotoHR cannot and does not confirm that each User is who they claim to be. Because AutomotoHR does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Career Site, in the event that you have a dispute with one or more Users, you release AutomotoHR from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
5.6 California Residents. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
6. Links to Other Sites. The Career Site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by AutomotoHR of the contents on such third-party web sites. AutomotoHR is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
7. Amendments to this Agreement and Changes to the Career Site. AutomotoHR may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Career Site (or as otherwise stated in any notice of such changes). Any use of the Career Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Career Site. If at any time you find the Terms and Conditions unacceptable, you must not use the applicable Career Site any longer. Any new or different terms supplied by you are specifically rejected by AutomotoHR unless AutomotoHR agrees to them in a signed writing specifically including those new or different terms. AutomotoHR may change the Career Site at any time.
8. Indemnity. You agree to defend, indemnify, and hold harmless AutomotoHR (and its officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Career Site, any Document posted by you, your use of the Services or your breach of this Agreement. AutomotoHR shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
9. User Information and Privacy
Policy.
9.1 When you register on the Career Site or in connection with the Services, you will be asked to create an account and provide AutomotoHR with certain information, including but not limited to, a valid email address (“User Information”). You acknowledge and agree that you have no ownership rights in your account.
9.2 All User Information will be used in accordance with the terms of the Career Site Privacy Policy. Please note, as set forth in the Privacy Policy, that AutomotoHR may collect certain User Information (including an email address and other contact information) and may use such information to contact Users periodically in accordance with the terms of the Privacy Policy, including to send Users electronic marketing and promotional communications, inform Users of relevant job postings that may be of interest to them, and provide Users with administrative notices and communications. Users can withdraw their consent at any time from receiving marketing and promotional communications from AutomotoHR. In addition, as set forth in the Career Site Privacy Policy, AutomotoHR also will share your contact information (including your email address) with the employer on whose behalf AutomotoHR operates this Career Site. That employer may use your information to contact you directly, including by email, at the contact information you have provided. In addition, AutomotoHR reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User Information. In addition, third parties may retain cached copies of User Information.
10. Questions and Notices. Questions concerning the use of the Career Site should be directed to Feedback. Notices to AutomotoHR should be sent to the address listed on the Career Site. We will send notice to you at the address submitted by you or to such other address as AutomotoHR reasonably determines is an appropriate address for you.
11. General. AutomotoHR contact information is listed on the Career Site. AutomotoHR makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Career Site. If you access the Career Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Activation Agreement shall lie exclusively with the state or federal courts in the State of California. The sole relationship between you and AutomotoHR is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Career Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by AutomotoHR in a particular "Legal Notice," or material on particular web pages of the Career Site, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and AutomotoHR.
12. Rules regarding Posting, Conduct
and Security.
The following rules apply to your use of the Career Site and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
12.1 Posting Rules:
(a) You may not post any Document to the Career Site that contains: (i) URLs or links to web sites (to advertise your company or web site, see our Advertising Info page.); (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
(b) You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or “club membership”).
(c) Your Document(s) must contain sufficient detail to convey clearly to the Employer your qualifications as a candidate for employment. Documents that encourage the User to "email for more details" are not permitted. Documents from any third party charging a fee or restricting complete access to all resume information are prohibited.
(d) Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
(e) AutomotoHR is under no obligation to monitor the Documents posted on the Career Site, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at AutomotoHR sole discretion.
12.2 Conduct Rules:
(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job with the Employer). Communications soliciting the Employer's business are prohibited.
(b) You may not send unsolicited commercial email to Users, including electronic communications that offer, advertise, market or promote a product or service.
(c) Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Career Site, you risk losing your access to the Career Site. You agree to notify AutomotoHR immediately of any unauthorized use of your registration and password.
(d) Report inappropriate postings or conduct to Feedback.
(e) You may not delete or revise any material posted by any other person or entity.
(f) If at any time AutomotoHR comes to the understanding that you: (i) misled AutomotoHR regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, AutomotoHR reserves the right to terminate your Agreement.
12.3 Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of the Career Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Career Site, overloading, "flooding", mailbombing or "crashing"; (iv) sending unsolicited e-mail or other electronic communications, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message; (iv) altering transmission data without consent; (v) harvesting e-mail or other electronic addresses through automated means without consent.
(b) Violation of these Security Rules may result in civil or criminal liability. AutomotoHR will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
13. Copyright Complaints.
13.1 AutomotoHR respects the intellectual property of others. It is AutomotoHR's policy to respond to claims of copyright and other intellectual property infringement. AutomotoHR will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, AutomotoHR may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. AutomotoHR will terminate access for Users who are repeat infringers.
13.2 Notifying AutomotoHR of Copyright Infringement: To provide AutomotoHR notice of an infringement, you must provide a written communication to the attention of "Trust and Site Security" care of Support@AutomotoHR.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
13.3 Providing AutomotoHR with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide AutomotoHR with a counter notification by written communication to the attention of "Trust and Site Security" at Support@AutomotoHR.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney
Effective Date: Nov 17,
2015
Overview
AutomotoSocial, LLC and its subsidiaries and divisions (collectively, “AutomotoSocial” and “AutomotoHR, “We” or “Our”) provides the Career Site on behalf of the employer whose career and employment opportunities are promoted on this Career Site. We have drafted this Privacy Policy to provide you notice of our data and security practices and policies as you use the Career Site. This Privacy Policy describes the types of Personal Information we collect, how we use the information, with whom we share it, and the choices you can make about our collection, use and disclosure of your Personal Information. The phrase “Personal Information” refers to information that may be used to personally identify you, such as your name, address, telephone number, email address, credit card number or other billing information. We also describe the measures we take to help protect the security of your Personal Information and how you can contact us about our privacy practices. Please do not provide us with highly sensitive information such as Social Security Numbers, financial information or health records. This Privacy Policy incorporates by reference the Terms and Conditions for the Career Site, which apply to this Privacy Policy. When you visit the Career Site or provide us with information, you consent to our use and disclosure of the information we collect or receive as described in this Privacy Policy.
Please review this Privacy Policy periodically as we may update it from time to time without prior notice to reflect changes in our data practices. We will post a prominent notice on the Career Site to notify you of any significant changes to our Privacy Policy and indicate at the bottom of the notice when it was most recently updated. If we make material changes to the policy that will affect previously collected Personal Information, you will be notified and asked to consent to the updated Privacy Policy.
Information We
Collect
We may obtain information about you that you upload to our Career Site or that may be provided to us by the employer whose career and employment opportunities are promoted on this Career Site. The types of information we may obtain include:
Your Personal Information, if you choose to provide it or if we obtain it in the manner described above. You do not have to give us any Personal Information in order to perform job searches or to read the content portions of the Career Site.
The name and email address of your friends or family members when you ask us to email a job posting on your behalf. Please ensure that you only submit email addresses of individuals with whom you have a personal or family relationship and who would want to receive the job posting from you.
Username and password for the account you may establish on the Career Site.
Your demographic information (such as zip or postal code, occupation, education and experience, and if you choose to provide it, age, gender and race or ethnicity). We collect this information either through the registration process, from your resume or in the manner described above.
Job search behavior and preferences, and a record of the searches that you make on the Career Site. We do this in order to present you with job recommendations based on your interests as expressed previously through your searches.
Other details that you may submit to us or that may be included in the information provided to us by third parties.
In addition, when you visit the Career Site, we may collect certain information by automated means, such as cookies and web beacons, as described in more detail below. The information we may collect by automated means includes:
Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser and operating system type).
Pages and URLs that refer visitors to the Career Site, also pages and URLs that visitors exit to once they leave the Career Site.
Dates and times of visits to the Career Site.
Information on actions taken on the Career Site (such as page views, site navigation patterns and job view or application activity).
A general geographic location (such as country and city) from which a visitor accesses the Career Site.
Search terms that visitors use to reach the Career Site.
How We Use the
Information We Collect
We may use the information we obtain about you to:
Register, manage and maintain your account on the Career Site.
Maintain a record of the jobs you view or apply to on the Career Site.
Inform you of relevant job postings that may be of interest to you.
Provide administrative notices or communications applicable to your use of the Career Site.
Send job postings to your friends or family members on your behalf.
Respond to your questions and comments and provide customer support.
Enable the employer customer to contact you and deliver marketing and promotional communications to you by email, text message or other means that, in some cases, is targeted to your interests (such as relevant services, educational or other career development opportunities) and to solicit your feedback and input. These communications will contain links for preference management and, where appropriate, unsubscribe links should you decide you do not want to receive further communications. Please note that if you unsubscribe from receiving marketing and promotional communications, you may continue to receive transactional and operational emails from us.
Operate, evaluate and improve our business and the products and services we offer.
Analyze and enhance our marketing communications and strategies (including by identifying when emails we have sent to you have been received and read).
Analyze trends and statistics regarding visitors’ use of the Career Site and the jobs viewed or applied to on the Career Site.
Protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users.
Enforce the Career Site’ Terms and Conditions.
Comply with applicable legal requirements and industry standards and our policies.
We also use non-personally identifiable information and certain technical information about your computer and your access of the Career Site (including your internet protocol address) in order to operate, maintain and manage the Career Site. We collect this information by automated means, such as cookies and web beacons, as described in more detail below. .
If we seek to use the information we obtain about you in other ways, we will provide specific notice and request your consent at the time of collection.
INFORMATION WE SHARE
When you join the Career Site or apply for a job through the Career Site, we provide your Personal Information to the employer customer who has hired AutomotoHR to create and operate this Career Site on its behalf, (including your e-mail address and other contact information that you publish on your resume). The employer customer may use your information to contact you directly.
Additionally, when you join the Career Site or apply for a job through the Career Site, the information supplied by you is stored by AutomotoHR on a dedicated database on behalf of the employer customer. In addition, the information supplied by you also may become part of the employer customer’s database. In that instance, the use of such information by the employer customer will be subject to the privacy policy of that company, and AutomotoHR is not responsible for that company’s use of your information. AutomotoHR is not responsible for what the employer customer, or any third party with whom you may share your Personal Information, subsequently does with your information. You should review the privacy policy of the employer customer to ensure that you are comfortable with how it intends to use and disclose your information.
The employer customer for whom we act as a service provider to operate this Career Site will receive reports that contain non-personally identifiable information about its Career Site. We also use non-personally identifiable information and certain technical information about your computer and your access of the Career Site (including your internet protocol address) in order to operate, maintain and manage the Career Site.
Additionally, we may combine certain non-personally identifiable aggregate data about our users and use such anonymous aggregate data to prepare reports for our users (typically employers or educators). “Aggregate Data” is the demographic information (such as zip code, age, gender, race or ethnicity) and employment information (such as occupation, education and experience) of many individuals that is combined together. Aggregate data is used to analyze the characteristics of various populations and does not identify any specific individuals. For example, an employer may purchase a report from AutomotoHR that states the number of account executives with at least five year’s experience that live within a certain geographic area. All such reports sold only contain aggregate data which cannot be used to identify any individuals.
Other than instances where users opt to provide their Personal Information while registering to join the Career Site, provide it via a job application, or otherwise provide permission to share it, we do not sell our users' Personal Information to anyone for any reason. All users should be aware, however, that when they choose to display or distribute Personal Information (such as their email address or other contact information) via the Career Site or any other distribution method, that information can be collected and used by others. This may result in unsolicited messages, for which AutomotoHR is not responsible, from third parties.
We also may share Personal Information with our service providers who help us in the delivery of our own products and services to you. These service providers may only use or disclose the information as necessary to perform services on our behalf or as otherwise required by law.
AutomotoHR also may disclose specific user information when we determine, in good faith, that such disclosure is necessary to comply with the law, to cooperate with or seek assistance from law enforcement, to prevent a crime or protect national security, or to protect the interests or safety of AutomotoHR or other users of the Career Site.
In addition, Personal Information we have collected may be passed on to a third party in the event of a transfer of ownership or assets or a bankruptcy or other corporate reorganization of AutomotoHR.
About Cookies,
Tracking Choices and Third Party Advertisers
A “cookie” is a text file that websites send to a visitor‘s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” is also called a Web bug or a pixel tag or a clear GIF. Used in combination with cookies, a Web beacon is an often-transparent graphic image, usually no larger than 1 pixel x 1 pixel, that is placed on a Web site or in an e-mail that is used to monitor the behavior of the user visiting the Web site or sending the e-mail.
AutomotoHR uses cookies and other similar technologies for the convenience of our users. Cookies enable us to serve secure pages to our users without asking them to sign in repeatedly. AutomotoHR also uses cookies to store non-personally identifying information about you such as past Career Site jobs viewed and job searches within the Career Site conducted by your computer in a cookie that it places on your computer. We do this in order to present you with job recommendations based on your interests as expressed previously through your searches. Lastly, AutomotoHR uses cookies to ensure the proper functioning and efficiency of the Career Site. Most internet browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please be aware, however, that some AutomotoHR features or services may not function properly without cookies.
AutomotoHR permits third party cookies on its Career Site. For example, third party tools located on the Career Site may use cookies to remember user preference settings. AutomotoHR also uses web analytics services provided by third parties, which use cookies to collect non-personal information about details of our users’ visits to the Career Site (including IP addresses) and the resources they access on the Career Site. These third party web analytics services provide us with reports based on this information in order to help us understand how visitors engage with the Career Site.
In addition, the employer that uses this Career Site may place cookies on your computer through their job postings and may use such cookies to distinguish your web browser uniquely. Often, employers use such information to track the effectiveness of their job postings by measuring how many users who view their postings later became job applicants.
Our Site does not respond to web browser do not track signals.
Update Your Account
Information
You may access, update and amend some of the Personal Information in our custody and control at any time by logging into your account and making the necessary changes. Please note, however, that you will not be able to delete certain information, including your resume, once such information has been uploaded to the Career Site.
Links to Other
Websites
The Career Site may contain links to other sites for your convenience and information. These sites may be operated by companies not owned by AutomotoHR. These other sites or linked third-party sites may have their own privacy notices, which you should review if you visit those sites. We are not responsible for the content of any sites not owned by AutomotoHR, any use of those sites, or those sites’ privacy practices.
International Data
Transfers
When we obtain Personal Information about you, we may process and store the information outside of the country in which you are located, including in the United States. The countries in which we process the information may not have the same data protection laws as the country in which you are located. Further, the employer for whom we operate this Career Site also may be located in a different country than you and different laws may apply to their use of your information.
In compliance with the US-EU and US-Swiss Safe Harbor Principles, AutomotoHR commits to resolve complaints about your privacy and our collection or use of your Personal Information. European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact AutomotoHR with EU complaints in the Subject line.
How We Protect
Personal Information
AutomotoHR maintains administrative, technical and physical safeguards designed to assist us in protecting the Personal Information we collect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
Please note that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard Personal Information will never be defeated or fail, or that those measures will always be sufficient or effective. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your Personal Information will always remain private. As a user of the Career Site, you understand and agree that you assume all responsibility and risk for your use of the Career Site, the internet generally, and the documents you post or access and for your conduct on and off the Career Site.
To further protect yourself, you should safeguard your AutomotoHR account user name and password and not share that information with anyone. You should also sign off your account and close your browser window when you have finished your visit to the Career Site. Please note that we will never ask for your AutomotoHR account user name or password via email. You agree to notify AutomotoHR immediately of any unauthorized use of your account or password.
California, USA
Residents
California law permits its residents to request and receive information about a business’ disclosure of certain categories of Personal Information to other companies for their use in direct marketing. If you are a California resident and a user of any of the Career Site, you can request a copy of this information from AutomotoHR by sending an email to Support@AutomotoHR.com Attention: Customer Service. Please include your name and email address in email requests, and your name and postal address in mail requests.
Children’s Privacy
We do not knowingly collect or solicit information from
anyone under the age of 13. If you are under 13, please do not use the Career
Site. In the event that we learn that we have collected personal information
from a child under the age of 13, we will delete that information as quickly as
possible.
How to Contact Us
You can direct questions regarding this Privacy Policy to AutomotoHRby emailing us at Support@AutomotoHR.com Attention: Customer Service. Please include your name and email address in email requests, and your name and postal address in mail requests.
1. Introduction. Please read this page carefully. It contains the terms and conditions (the “Terms and Conditions”) governing your access to and use of the Career Site (as defined below) provided by AutomotoSocial, LLC (“AutomotoHR”) on behalf of the Employer. If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the AutomotoHR Career Site or Services. These Terms and Conditions are effective as of November 17, 2015.
2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by AutomotoHR) form a binding agreement (the "Agreement") between you and AutomotoHR. Your access to or use of the AutomotoHR Career Site or Services indicates your acceptance of these Terms and Conditions. You are agreeing to use the Career Site at your own risk.
3. Certain Definitions. The following definitions apply to
this Agreement:
3.1 “AutomotoHR Materials” includes any materials, methodologies, implementation plans or other intellectual property used during the provision of Services.
3.2 “Content” includes all Text, Graphics, Design and Programming used on the Career Site.
3.3 “Design” includes the color combinations and the page layout of the Career Site.
3.4 “Document” refers to any posting to the Career Site, whether job or resume.
3.5 “Employer” means the person or entity whose career and employment opportunities are promoted on this Career Site.
3.6 “Graphics” includes all logos, buttons, and other graphical elements on the Career Site, with the exception of paid advertising banners.
3.7 “Job Seeker” means a User who is accessing the Career Site to search for a job or in any other capacity except as an Employer.
3.8 “Programming” includes both client-side code (e.g. HTML, JavaScript, etc.) and server-side code (e.g. active server pages, VBScript, databases, etc.) used on the Career Site.
3.9 “Services” means any services provided by AutomotoHR or its agents.
3.10 “Career Site” means a recruiting platform operated by AutomotoHR on behalf of the Employer and includes the Content, Text, Graphics, Design, Programming, AutomotoHR Materials and Services (as applicable in each context).
3.11 “Text” includes all text on every page of the Career Site, whether editorial, navigational, or instructional.
3.12 “User” refers to any individual or entity that uses any aspect of the Career Site.
3.13 “You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
4. Intellectual Property Rights and
Acceptable Use of the Career Site and Services.
4.1 General Use Rules. The Career Site is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use the Career Site only for lawful purposes within the stated context of AutomotoHR intended and acceptable use of the Career Site. AutomotoHR is the sole interpreter of the Career Site’s intended and acceptable use.
4.2 AutomotoHR Intellectual Property Rights. The Career Site, the AutomotoHR Materials and all right, title and interest in and to the Career Site and AutomotoHR Materials are the sole property of AutomotoHR or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, AutomotoHR reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or AutomotoHR Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Career Site; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any Services provided on the Career Site other than the search engine and search agents available from AutomotoHR on such Career Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Career Site, without the express written consent of AutomotoHR. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. "AutomotoHR “Personified”, the AutomotoHR design logo and certain other names or logos are service marks or trademarks of AutomotoHR, and all related product and service names, design marks and slogans are the service marks or trademarks of AutomotoHR. In addition, the "look" and "feel" of the Career Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by AutomotoHR trademarks, service marks and copyrights. Any code that AutomotoHR creates to generate or display the Content or the pages making up the Career Site is also protected by AutomotoHR copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or AutomotoHR Materials on any authorized copy you make of the Content or AutomotoHR Materials. All other product and service marks contained on the Career Site are the trademarks of their respective owners.
4.3 License for Use by Job Seekers. AutomotoHR hereby grants you a limited, terminable, non-exclusive right to access and use the Career Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Career Site solely for your personal, non-commercial use. You agree that you are solely responsible for the content of any Document you post to the Career Site and any consequences arising from such posting. Your use of the Career site is a privilege. AutomotoHR reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
4.4 Other Specific Rules Regarding Site Usage. You represent, warrant and agree that you (a) are at least 13 years of age or older, and if under the age of 18 or the age of majority as that is defined in your jurisdiction, you will only use the Career Site and Services under the supervision of a parent, legal guardian, or other responsible adult; and (b) will not use (or plan, encourage or help others to use) the Career Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Career Site complies with these Terms and Conditions and all applicable laws.
4.5 User Submissions. AutomotoHR welcomes your comments regarding the Services and the Career Site and appreciates hearing from you. Please note, however, that AutomotoHR does not accept or consider creative ideas, suggestions, inventions or materials other than those which it has specifically requested. If you submit feedback on the Services, please be specific in your comments and do not submit creative ideas, inventions, suggestions, or materials. If, despite this notice, you send AutomotoHR creative suggestions, ideas, drawings, concepts, inventions, or other information (a "User Submission"), you understand and agree that the User Submission shall become the property of AutomotoHR. User Submissions and any elements contained in User Submissions, shall not be subject to any obligation of confidentiality on AutomotoHR part, and AutomotoHR will not be liable for any use or disclosure of any User Submission. AutomotoHR shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
5. Disclaimers and Limitations on AutomotoHR Liability.
5.1 Allocation of Responsibility AutomotoHR assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. AutomotoHR acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which allegedly does not conform to these Terms and Conditions, AutomotoHR may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. AutomotoHR has no liability or responsibility to Users for performance or nonperformance of such activities. AutomotoHR may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.
5.2 No endorsements by AutomotoHR. Nothing on the Career Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
5.3 WARRANTY
DISCLAIMERS.
(a) THE CAREER SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. AutomotoHR, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. AutomotoHR MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CAREER SITE.
(b) WITHOUT LIMITATION ON THE FOREGOING:
(i) AutomotoHR DOES NOT WARRANT THAT THE CAREER SITE WILL OPERATE ERROR-FREE OR THAT THE CAREER SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE CAREER SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, AutomotoHR IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) AutomotoHR MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY DOCUMENTS POSTED BY USERS, OR OF ANY OTHER FORM OF COMMUNICATION ENGAGED IN BY USERS. DOCUMENTS MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU AGREE THAT ANY RELIANCE ON DOCUMENTS POSTED BY USERS, OR ON ANY OTHER FORM OF COMMUNICATION WITH USERS, WILL BE AT YOUR OWN RISK.
(iii) AutomotoHR MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF THE CAREER SITE, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS.
(iv) AutomotoHR MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE EFFECTIVENESS OF THE SERVICES OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT OBJECTIVES. AutomotoHR DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN CANDIDATES BEING HIRED, POSITIONS BEING FILLED OR EMPLOYEES BEING RETAINED, AND IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS, FOR WHATEVER REASON MADE, MADE BY YOU.
5.4 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE CAREER SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE CAREER SITE.
(b) IN NO EVENT SHALL AutomotoHR (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE CAREER SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT AutomotoHR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL NOT APPLY TO ANY PAYMENT AND INDEMNIFICATION OBLIGATIONS DESCRIBED HEREIN.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN AutomotoHR MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL AutomotoHR (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00.
(e) DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT AutomotoHR WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.
5.5 User Authentication. Because User authentication on the Internet is difficult, AutomotoHR cannot and does not confirm that each User is who they claim to be. Because AutomotoHR does not and cannot be involved in User-to-User dealings or control the behavior of participants on the Career Site, in the event that you have a dispute with one or more Users, you release AutomotoHR from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
5.6 California Residents. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
6. Links to Other Sites. The Career Site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by AutomotoHR of the contents on such third-party web sites. AutomotoHR is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
7. Amendments to this Agreement and Changes to the Career Site. AutomotoHR may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date they are posted on the Career Site (or as otherwise stated in any notice of such changes). Any use of the Career Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Career Site. If at any time you find the Terms and Conditions unacceptable, you must not use the applicable Career Site any longer. Any new or different terms supplied by you are specifically rejected by AutomotoHR unless AutomotoHR agrees to them in a signed writing specifically including those new or different terms. AutomotoHR may change the Career Site at any time.
8. Indemnity. You agree to defend, indemnify, and hold harmless AutomotoHR (and its officers, directors, shareholders, employees, subsidiaries, affiliates, agents or advertisers) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Career Site, any Document posted by you, your use of the Services or your breach of this Agreement. AutomotoHR shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
9. User Information and Privacy
Policy.
9.1 When you register on the Career Site or in connection with the Services, you will be asked to create an account and provide AutomotoHR with certain information, including but not limited to, a valid email address (“User Information”). You acknowledge and agree that you have no ownership rights in your account.
9.2 All User Information will be used in accordance with the terms of the Career Site Privacy Policy. Please note, as set forth in the Privacy Policy, that AutomotoHR may collect certain User Information (including an email address and other contact information) and may use such information to contact Users periodically in accordance with the terms of the Privacy Policy, including to send Users electronic marketing and promotional communications, inform Users of relevant job postings that may be of interest to them, and provide Users with administrative notices and communications. Users can withdraw their consent at any time from receiving marketing and promotional communications from AutomotoHR. In addition, as set forth in the Career Site Privacy Policy, AutomotoHR also will share your contact information (including your email address) with the employer on whose behalf AutomotoHR operates this Career Site. That employer may use your information to contact you directly, including by email, at the contact information you have provided. In addition, AutomotoHR reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User Information. In addition, third parties may retain cached copies of User Information.
10. Questions and Notices. Questions concerning the use of the Career Site should be directed to Feedback. Notices to AutomotoHR should be sent to the address listed on the Career Site. We will send notice to you at the address submitted by you or to such other address as AutomotoHR reasonably determines is an appropriate address for you.
11. General. AutomotoHR contact information is listed on the Career Site. AutomotoHR makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Career Site. If you access the Career Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement or your Service Activation Agreement shall lie exclusively with the state or federal courts in the State of California. The sole relationship between you and AutomotoHR is that of independent contractors. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Career Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by AutomotoHR in a particular "Legal Notice," or material on particular web pages of the Career Site, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and AutomotoHR.
12. Rules regarding Posting, Conduct
and Security.
The following rules apply to your use of the Career Site and/or the Services. The list of rules is for illustration only and is not a complete list of all posting, conduct and security rules.
12.1 Posting Rules:
(a) You may not post any Document to the Career Site that contains: (i) URLs or links to web sites (to advertise your company or web site, see our Advertising Info page.); (ii) copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material); (iii) trade secrets (unless you own them or have the owner's permission to post them); (iv) material that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (v) keywords or white text keywords (including any words embedded in the Document and hidden from the User); (vi) anything that is discriminatory, sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (vii) anything that is embarrassing or offensive to another person or entity.
(b) You may not use a Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information, opinions or notices (commercial or otherwise) or chain letters; (iii) post advertisements, or solicitations of business (including, but not limited to, email processors, any pyramid scheme or “club membership”).
(c) Your Document(s) must contain sufficient detail to convey clearly to the Employer your qualifications as a candidate for employment. Documents that encourage the User to "email for more details" are not permitted. Documents from any third party charging a fee or restricting complete access to all resume information are prohibited.
(d) Resume postings must contain the accurate resume of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.
(e) AutomotoHR is under no obligation to monitor the Documents posted on the Career Site, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at AutomotoHR sole discretion.
12.2 Conduct Rules:
(a) You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job with the Employer). Communications soliciting the Employer's business are prohibited.
(b) You may not send unsolicited commercial email to Users, including electronic communications that offer, advertise, market or promote a product or service.
(c) Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Career Site, you risk losing your access to the Career Site. You agree to notify AutomotoHR immediately of any unauthorized use of your registration and password.
(d) Report inappropriate postings or conduct to Feedback.
(e) You may not delete or revise any material posted by any other person or entity.
(f) If at any time AutomotoHR comes to the understanding that you: (i) misled AutomotoHR regarding your business practices and/or services, or (ii) purchased services that do not represent your precise business, AutomotoHR reserves the right to terminate your Agreement.
12.3 Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of the Career Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Career Site, overloading, "flooding", mailbombing or "crashing"; (iv) sending unsolicited e-mail or other electronic communications, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message; (iv) altering transmission data without consent; (v) harvesting e-mail or other electronic addresses through automated means without consent.
(b) Violation of these Security Rules may result in civil or criminal liability. AutomotoHR will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
13. Copyright Complaints.
13.1 AutomotoHR respects the intellectual property of others. It is AutomotoHR's policy to respond to claims of copyright and other intellectual property infringement. AutomotoHR will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, AutomotoHR may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. AutomotoHR will terminate access for Users who are repeat infringers.
13.2 Notifying AutomotoHR of Copyright Infringement: To provide AutomotoHR notice of an infringement, you must provide a written communication to the attention of "Trust and Site Security" care of Support@AutomotoHR.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
13.3 Providing AutomotoHR with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide AutomotoHR with a counter notification by written communication to the attention of "Trust and Site Security" at Support@AutomotoHR.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney
Effective Date: Nov 17,
2015
Overview
AutomotoSocial, LLC and its subsidiaries and divisions (collectively, “AutomotoSocial” and “AutomotoHR, “We” or “Our”) provides the Career Site on behalf of the employer whose career and employment opportunities are promoted on this Career Site. We have drafted this Privacy Policy to provide you notice of our data and security practices and policies as you use the Career Site. This Privacy Policy describes the types of Personal Information we collect, how we use the information, with whom we share it, and the choices you can make about our collection, use and disclosure of your Personal Information. The phrase “Personal Information” refers to information that may be used to personally identify you, such as your name, address, telephone number, email address, credit card number or other billing information. We also describe the measures we take to help protect the security of your Personal Information and how you can contact us about our privacy practices. Please do not provide us with highly sensitive information such as Social Security Numbers, financial information or health records. This Privacy Policy incorporates by reference the Terms and Conditions for the Career Site, which apply to this Privacy Policy. When you visit the Career Site or provide us with information, you consent to our use and disclosure of the information we collect or receive as described in this Privacy Policy.
Please review this Privacy Policy periodically as we may update it from time to time without prior notice to reflect changes in our data practices. We will post a prominent notice on the Career Site to notify you of any significant changes to our Privacy Policy and indicate at the bottom of the notice when it was most recently updated. If we make material changes to the policy that will affect previously collected Personal Information, you will be notified and asked to consent to the updated Privacy Policy.
Information We
Collect
We may obtain information about you that you upload to our Career Site or that may be provided to us by the employer whose career and employment opportunities are promoted on this Career Site. The types of information we may obtain include:
Your Personal Information, if you choose to provide it or if we obtain it in the manner described above. You do not have to give us any Personal Information in order to perform job searches or to read the content portions of the Career Site.
The name and email address of your friends or family members when you ask us to email a job posting on your behalf. Please ensure that you only submit email addresses of individuals with whom you have a personal or family relationship and who would want to receive the job posting from you.
Username and password for the account you may establish on the Career Site.
Your demographic information (such as zip or postal code, occupation, education and experience, and if you choose to provide it, age, gender and race or ethnicity). We collect this information either through the registration process, from your resume or in the manner described above.
Job search behavior and preferences, and a record of the searches that you make on the Career Site. We do this in order to present you with job recommendations based on your interests as expressed previously through your searches.
Other details that you may submit to us or that may be included in the information provided to us by third parties.
In addition, when you visit the Career Site, we may collect certain information by automated means, such as cookies and web beacons, as described in more detail below. The information we may collect by automated means includes:
Information about the devices our visitors use to access the Internet (such as the IP address and the device, browser and operating system type).
Pages and URLs that refer visitors to the Career Site, also pages and URLs that visitors exit to once they leave the Career Site.
Dates and times of visits to the Career Site.
Information on actions taken on the Career Site (such as page views, site navigation patterns and job view or application activity).
A general geographic location (such as country and city) from which a visitor accesses the Career Site.
Search terms that visitors use to reach the Career Site.
How We Use the
Information We Collect
We may use the information we obtain about you to:
Register, manage and maintain your account on the Career Site.
Maintain a record of the jobs you view or apply to on the Career Site.
Inform you of relevant job postings that may be of interest to you.
Provide administrative notices or communications applicable to your use of the Career Site.
Send job postings to your friends or family members on your behalf.
Respond to your questions and comments and provide customer support.
Enable the employer customer to contact you and deliver marketing and promotional communications to you by email, text message or other means that, in some cases, is targeted to your interests (such as relevant services, educational or other career development opportunities) and to solicit your feedback and input. These communications will contain links for preference management and, where appropriate, unsubscribe links should you decide you do not want to receive further communications. Please note that if you unsubscribe from receiving marketing and promotional communications, you may continue to receive transactional and operational emails from us.
Operate, evaluate and improve our business and the products and services we offer.
Analyze and enhance our marketing communications and strategies (including by identifying when emails we have sent to you have been received and read).
Analyze trends and statistics regarding visitors’ use of the Career Site and the jobs viewed or applied to on the Career Site.
Protect against and prevent fraud, unauthorized transactions, claims and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users.
Enforce the Career Site’ Terms and Conditions.
Comply with applicable legal requirements and industry standards and our policies.
We also use non-personally identifiable information and certain technical information about your computer and your access of the Career Site (including your internet protocol address) in order to operate, maintain and manage the Career Site. We collect this information by automated means, such as cookies and web beacons, as described in more detail below. .
If we seek to use the information we obtain about you in other ways, we will provide specific notice and request your consent at the time of collection.
INFORMATION WE SHARE
When you join the Career Site or apply for a job through the Career Site, we provide your Personal Information to the employer customer who has hired AutomotoHR to create and operate this Career Site on its behalf, (including your e-mail address and other contact information that you publish on your resume). The employer customer may use your information to contact you directly.
Additionally, when you join the Career Site or apply for a job through the Career Site, the information supplied by you is stored by AutomotoHR on a dedicated database on behalf of the employer customer. In addition, the information supplied by you also may become part of the employer customer’s database. In that instance, the use of such information by the employer customer will be subject to the privacy policy of that company, and AutomotoHR is not responsible for that company’s use of your information. AutomotoHR is not responsible for what the employer customer, or any third party with whom you may share your Personal Information, subsequently does with your information. You should review the privacy policy of the employer customer to ensure that you are comfortable with how it intends to use and disclose your information.
The employer customer for whom we act as a service provider to operate this Career Site will receive reports that contain non-personally identifiable information about its Career Site. We also use non-personally identifiable information and certain technical information about your computer and your access of the Career Site (including your internet protocol address) in order to operate, maintain and manage the Career Site.
Additionally, we may combine certain non-personally identifiable aggregate data about our users and use such anonymous aggregate data to prepare reports for our users (typically employers or educators). “Aggregate Data” is the demographic information (such as zip code, age, gender, race or ethnicity) and employment information (such as occupation, education and experience) of many individuals that is combined together. Aggregate data is used to analyze the characteristics of various populations and does not identify any specific individuals. For example, an employer may purchase a report from AutomotoHR that states the number of account executives with at least five year’s experience that live within a certain geographic area. All such reports sold only contain aggregate data which cannot be used to identify any individuals.
Other than instances where users opt to provide their Personal Information while registering to join the Career Site, provide it via a job application, or otherwise provide permission to share it, we do not sell our users' Personal Information to anyone for any reason. All users should be aware, however, that when they choose to display or distribute Personal Information (such as their email address or other contact information) via the Career Site or any other distribution method, that information can be collected and used by others. This may result in unsolicited messages, for which AutomotoHR is not responsible, from third parties.
We also may share Personal Information with our service providers who help us in the delivery of our own products and services to you. These service providers may only use or disclose the information as necessary to perform services on our behalf or as otherwise required by law.
AutomotoHR also may disclose specific user information when we determine, in good faith, that such disclosure is necessary to comply with the law, to cooperate with or seek assistance from law enforcement, to prevent a crime or protect national security, or to protect the interests or safety of AutomotoHR or other users of the Career Site.
In addition, Personal Information we have collected may be passed on to a third party in the event of a transfer of ownership or assets or a bankruptcy or other corporate reorganization of AutomotoHR.
About Cookies,
Tracking Choices and Third Party Advertisers
A “cookie” is a text file that websites send to a visitor‘s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” is also called a Web bug or a pixel tag or a clear GIF. Used in combination with cookies, a Web beacon is an often-transparent graphic image, usually no larger than 1 pixel x 1 pixel, that is placed on a Web site or in an e-mail that is used to monitor the behavior of the user visiting the Web site or sending the e-mail.
AutomotoHR uses cookies and other similar technologies for the convenience of our users. Cookies enable us to serve secure pages to our users without asking them to sign in repeatedly. AutomotoHR also uses cookies to store non-personally identifying information about you such as past Career Site jobs viewed and job searches within the Career Site conducted by your computer in a cookie that it places on your computer. We do this in order to present you with job recommendations based on your interests as expressed previously through your searches. Lastly, AutomotoHR uses cookies to ensure the proper functioning and efficiency of the Career Site. Most internet browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. Please be aware, however, that some AutomotoHR features or services may not function properly without cookies.
AutomotoHR permits third party cookies on its Career Site. For example, third party tools located on the Career Site may use cookies to remember user preference settings. AutomotoHR also uses web analytics services provided by third parties, which use cookies to collect non-personal information about details of our users’ visits to the Career Site (including IP addresses) and the resources they access on the Career Site. These third party web analytics services provide us with reports based on this information in order to help us understand how visitors engage with the Career Site.
In addition, the employer that uses this Career Site may place cookies on your computer through their job postings and may use such cookies to distinguish your web browser uniquely. Often, employers use such information to track the effectiveness of their job postings by measuring how many users who view their postings later became job applicants.
Our Site does not respond to web browser do not track signals.
Update Your Account
Information
You may access, update and amend some of the Personal Information in our custody and control at any time by logging into your account and making the necessary changes. Please note, however, that you will not be able to delete certain information, including your resume, once such information has been uploaded to the Career Site.
Links to Other
Websites
The Career Site may contain links to other sites for your convenience and information. These sites may be operated by companies not owned by AutomotoHR. These other sites or linked third-party sites may have their own privacy notices, which you should review if you visit those sites. We are not responsible for the content of any sites not owned by AutomotoHR, any use of those sites, or those sites’ privacy practices.
International Data
Transfers
When we obtain Personal Information about you, we may process and store the information outside of the country in which you are located, including in the United States. The countries in which we process the information may not have the same data protection laws as the country in which you are located. Further, the employer for whom we operate this Career Site also may be located in a different country than you and different laws may apply to their use of your information.
In compliance with the US-EU and US-Swiss Safe Harbor Principles, AutomotoHR commits to resolve complaints about your privacy and our collection or use of your Personal Information. European Union or Swiss citizens with inquiries or complaints regarding this privacy policy should first contact AutomotoHR with EU complaints in the Subject line.
How We Protect
Personal Information
AutomotoHR maintains administrative, technical and physical safeguards designed to assist us in protecting the Personal Information we collect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.
Please note that no electronic transmission of information can be entirely secure. We cannot guarantee that the security measures we have in place to safeguard Personal Information will never be defeated or fail, or that those measures will always be sufficient or effective. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your Personal Information will always remain private. As a user of the Career Site, you understand and agree that you assume all responsibility and risk for your use of the Career Site, the internet generally, and the documents you post or access and for your conduct on and off the Career Site.
To further protect yourself, you should safeguard your AutomotoHR account user name and password and not share that information with anyone. You should also sign off your account and close your browser window when you have finished your visit to the Career Site. Please note that we will never ask for your AutomotoHR account user name or password via email. You agree to notify AutomotoHR immediately of any unauthorized use of your account or password.
California, USA
Residents
California law permits its residents to request and receive information about a business’ disclosure of certain categories of Personal Information to other companies for their use in direct marketing. If you are a California resident and a user of any of the Career Site, you can request a copy of this information from AutomotoHR by sending an email to Support@AutomotoHR.com Attention: Customer Service. Please include your name and email address in email requests, and your name and postal address in mail requests.
Children’s Privacy
We do not knowingly collect or solicit information from
anyone under the age of 13. If you are under 13, please do not use the Career
Site. In the event that we learn that we have collected personal information
from a child under the age of 13, we will delete that information as quickly as
possible.
How to Contact Us
You can direct questions regarding this Privacy Policy to AutomotoHRby emailing us at Support@AutomotoHR.com Attention: Customer Service. Please include your name and email address in email requests, and your name and postal address in mail requests.