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Effective date: March 30, 2021
Governmentjobs.com, Inc. (DBA “NEOGOV” and referred to herein as “we”, or “us”) is committed providing transparency regarding use of your information. We collect personal information by lawful and fair means with your knowledge and where appropriate, your consent. We consider information privacy throughout our product lifecycle - from inception, to production, and ongoing support.
We require certain personal information in order to provide you Services, automatically collect information during your usage, and collect other information about you from other sources. The information we collect depends on the context – who “you” are in a given interaction and how you are using our services. In this Section we set out general categories of personal information and data we may collect and process.
Information Provided by You
We collect information from you directly when you visit our Services from either your computer, mobile phone, or other device. For example, certain information we collect is necessary to provide the Services to you or our Customers, such as the information collected with you create an account, submit a job application, or information used to interact with you regarding support or inquiries about our Services. We also collect information from you to register for text message or email communications, or when communicate through the Services. The categories of information we collect include the following:
Inquiry and Contact Data. We process information contained in or relating to any inquiry and contact information you submit to us regarding the Services, support, in response to a survey, or interaction with our sales team, including: name; email; phone number; address and related contact data. If you are a Customer or one of our partners, we collect Contact Data of primary users or designated contacts to administer the relationship or for other specified purposes.
Account Data. We may process your account data which may include your account credentials, email address, and account activity or other security related information.
Job Application and Profile Data. We may process personal information within the job applications you send to employers who use our Services, as well as information processed on our Services throughout the relationship you maintain with that employer. Typical personal information found in a job application or within a user Profile may include name, address, e-mail, telephone number, resume, driver’s license, work experience and performance data, education history, age, gender, race, information related to your health or financial information, marital status, military or veteran status, your signature, or and any other supplemental information added at your discretion or requested by an employer.
Transaction and Billing Data. We allow payment processing companies to process information relating to transactions, including purchases of Services, that you enter on the Services or payment processor website, or to facilitate processing of payroll and tax services. If you make an online payment to us through a payment processing company, we require you to provide your billing details, a name, address, email address and financial information corresponding to your selected method of payment (e.g. a credit card number and expiration date or a bank account number).
Voice Data. With your permission we collect voice recordings when you interact with our support teams to diagnose issues, our product teams to improve our services, our implementation teams during implementation of our Services, and our sales teams while providing demos of our Services.
Biometric Data. We collect fingerprints to identify who you are when you punch in and out on our timeclocks, for example, when you place or your finger or hand on the timeclock’s scanner. If our Customer uses biometric scanning on a timeclock, we may create data using a mathematical algorithm based off your fingerprint and store that Biometric Data. For more information regarding our use of Biometric data, please see our Biometric Data Notice.
Publication Data. We may process information that you post for publication on our website or through our Services (e.g., feedback comments, information you provide to our support teams, videos, photographs, images).
Contests and Survey Data. When you complete any forms, respond to a survey or questionnaire, or participate in a contest, we collect the personal data you provide.
Resume Data. We collect information to evaluate you for a job opening with us, including your name, employment and education history, and references.
You may voluntarily submit other information to us through our Services that we do not request, and, in such instances, you are solely responsible for such information.
Information Collected Automatically
With the help of our Service Providers, we also automatically collect information about you and your device and how you interact with our Services. Categories of information collected automatically include the following:
Usage Data. We may process data about your use of our Services. This information may include webpages visited, what you click on, features you use, how often and when you use features, e-mails you view, and the Services you purchase.
Location Data. We collect data about your device’s location by tracking the IP address or data that indicates a country, state, city or postal code. Where a Customer utilizes our time clocks, we collect precise location data (latitude/longitude) of the timeclock you use to punch in and out of your work shifts.
Device Data. We may process information about your device or how you access our Services. Device Data may include Internet protocol (IP) address, browser type, device type, software and hardware attributes, your operating system, system and performance information, cookie date/time stamp, and search terms entered on the site.
Tracking Data. We use tracking services that employ logs, cookies, pixel tags, and embedded scripts to collect user statistics and usage about visitors of our Services and receipt of communications.
Log Data. Our servers maintain log files that document events that occur during interaction with our Services and servers. Logs include information about the nature of each access, IP address, ISP, files viewed, content changes in certain cases, operating systems, device type and timestamps.
Pixel Tags. We use pixel tags (aka “web beacons”) in combination with cookies that are embedded in our emails and webpages. Pixel tags send information about your use to our servers.
Embedded Scripts. We use embedded scripts to collect information about how you interact with our Services.
Information from Other Sources
We also receive information about you from other sources. For example, we receive information about the status of background checks you participate in, updates from payment processors regarding your purchases, receipts and analytics for text communications you send and receive, and information you provide to, or automatically collected by, our hosting providers.
Categories of information collected from other sources include the following:
Partners. We collect and use information collected by integrators and from partners for joint product and marketing opportunities. This information may include Account, Transaction, Billing, Profile, and Tracking Data. Integrations may include payment processing companies, background check and online assessment providers, communication providers, performance or analytics providers, or HR related services employers choose to integrate with our Services.
Public sources. We collect information from publicly accessible websites and government sources.
Data brokers. We purchase additional contact data to supplement and correct the Contact Data we collect.
We collect and process information in order to fulfill our contractual responsibility to deliver the Services, fulfill your requests, pursue our legitimate interests and our business and commercial purposes. Your information will only be collected and used for purposes stated herein, where you provide additional consent, or as required by law or regulation - including national security or law enforcement requirements. Our purposes for using your information, including over the past year, consist of the following:
We also use your information with your consent, including the following:
We share information with other parties for the purposes stated herein or as required by law. The following categories are the entities we’ve shared information with, including over the past year.
We disclose information to employers that utilize our services. For instance, when a job seeker makes their profile information searchable within our Services or responds to a job posting, we will share information with employers in order to facilitate the job search and hiring process. If your current or former employer uses one of our Services, information you input into the Services is accessible by that employer’s end users - subject to the security and access controls set up by the employer.
We disclose information to our affiliates with our Customer’s consent in order to facilitate any Service transition or implementation services.
We share information with services providers hired to provide services on our behalf. For instance, we use service providers to facilitate our support services, data security, email, web hosting, credit card payments, deliver and help us track our marketing and advertising content, deliver payroll processing and disbursements, coordinate our customer conferences, and manage our sales and customer relations. We share information with analytics and advertising companies that may act as our processor and a controller in other instances. We work with other entities to perform research, under controls that are designed to protect your privacy. We publish or allow others to publish insights, presented as aggregated, de-identified, or non-personal data. Where we share information with a party that is not our service provider, such sharing is either at your direction or the direction of our Customers. For example, we share information if you or a Customer chooses to use an integration in conjunction with our Services, to the extent necessary to facilitate that use. Integrations may include payment processing companies, background check and online assessment providers, communication providers, or other independent services Customer chooses to utilize our open API with.
We may share non-personal information with affiliated partners and use machine learning techniques on tracking and metadata in order to provide Customers with useful insights from the data they collected using Services, to build or enhance features, improve Services, and improve infrastructure and security.
We do not sell information in the traditional sense; however, should an activity we undertake constitute a “sale” under the expanded definition of “sale” within the California Consumer Privacy Act, California consumers have the right to opt-out of the sale of your personal information. Please see “Your Data Rights” and “Your California Privacy Rights” for more information on how to exercise your right to optout.
Other parties when you give your consent
We may also share personal information where you provide your consent or post your information publicly. Where required by law, additional consent is obtained before personal information is transferred to us or forwarded to other parties. For example, we share information with background check providers if a job applicant consents and we are instructed to do so by our Customers.
During your use of the Services you may have the opportunity to visit or link to other websites, including websites by third parties unaffiliated with us. We have no relationship or control over unaffiliated websites. These websites might collect personal information about you, and you should review the privacy policies of such other websites to see how they treat your personal information. Use of such websites are at your own risk.
Mergers, Acquisitions, Dissolutions
We may transfer or disclose information to another entity who acquires or may acquire any or all of our business units, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets, or bankruptcy.
Other third parties where required by law
We also share personal information or data in order to: meet any applicable law, regulation, legal process or enforceable governmental request; enforce applicable policies, including investigation of potential violations; detect, prevent, or otherwise address fraud, security or technical issues; protect against harm to the rights, property or safety of our users, the public or to NEOGOV and/or as required or permitted by law; protect your vital interests or the vital interests of another natural person; and where disclosure is necessary for establishment, exercise or defense of legal claims or where there is reasonable belief that disclosure is required by law or regulations
You can review and enforce your personal information rights through your account, communications you receive from us, third party mechanisms, or with the assistance of our support team.
Our Services incorporate privacy controls which allow you to specify and limit how we process your information, as well as update and remove information we retain about you.
For instance, to place limits on which Customers can preview your profile, log into your account on https://www.governmentjobs.com and go to your account settings. Job seekers can utilize similar privacy controls on a per Customer basis in each Career Page account created.
In certain circumstances you have the right to have inaccurate personal information about you rectified. You can modify or delete personal information within your account at any time by logging in to your applicable account and following the prompts to either “update my profile” or “delete my profile.”
You can change your email preferences to control notifications you receive from us and Customers or unsubscribe from a notification by following instructions contained within the notification itself, your account settings, or using your email provider preferences. SMS text messages will be sent to you strictly in accordance with your preferences, and only after you have explicitly opted in. If you change your mind at any time, and no longer wish to receive SMS text messages, reply to a message with the word “OPTOUT” in all capital letters. Afterwards, should you choose to begin receiving messages again, reply with the word “OPTIN” in all capital letters. Job seekers may also control their receipt of SMS text messages through their job seeker Account preferences, by contacting the Customer the text message pertains to, or by notifying support at support@GovernmentJobs.com.
You can restrict cookies by using your cookie manager settings.
You may have the right to confirmation as to whether or not we process your personal information and, where we do, access to the personal information. To see whether information on you is retained on our servers, please click here. Certain users are entitled to request copies of their personal information held by us. You can print a copy of your Profile information using your web browser and download your attachments at any time by logging into your account and following the download process.
For inquiries related to resetting your account, or if you believe someone else has gained access to your account or provided us your contact information, please contact support at: support@GovernmentJobs.com. If you have a valid data subject request, including a request to restrict or limit our use of your information, you may either contact support at email@example.com or fill out a Data Subject Request Form if available.
To the extent the basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time by using the privacy controls in your settings, within certain contacts you receive, by deleting personal information within your Profile, or by deleting your account. If you revoke your consent by deleting your account, your Profile will be removed from our job seeker server; however, revoking your consent will not remove applications you previously submit to employers or our aggregated, de-identified, or non-personal data.
Your data rights for information you submit to our Customers
Upon submission of a job application or making your information available to an employer (our Customer) , your information is controlled by that employer. In this regard, we are a data processor for personal information employers’ maintain in our servers, and we maintain limited rights to such data as permitted by our Customers’, to process as necessary to deliver the Services or support to Customers’, ensure safety and security of our Services, where necessary to protect our interests or the public interest, or as required by law.
For these reasons, we are not in a position to directly handle data requests for data controlled by Customers. Customers may store personal information they receive from you on our servers or their own storage facilities. Customers control the types of personal information requested from you, how it’s used, who can access it, and how long they retain this personal information. Your data rights are subject to Customer internal policies and applicable law. You should contact the Customer regarding personal information they may hold about you and to exercise any data rights you may have. We will cooperate with such inquiry to the extent it is permitted under our confidentiality and privacy obligations.
We retain your personal information for as long as your account is considered active, to provide you or our Customers our services, meet regulatory requirements, resolve disputes, investigate security incidents, prevent fraud and abuse, protect your vital interests or the vital interests of another natural person, enforce our contractual agreements, or fulfill your request to “unsubscribe” from messages or exercise your data rights
Our retention policies and procedures are designed to help ensure our compliance with legal obligations and allow Customers to comply with their own record retention requirements. We implement retention controls within the Services that Customers utilize to control their data retention periods. The Customer determines when the purpose of personal data about their employees has been fulfilled. The Customer has the means to permanently destroy personal data about their employees.
For personal information we determine the purposes for and means by which it is processed, such information will not be kept for longer than necessary for the purpose, when no longer relevant, or upon permissible request, and will be appropriately disposed in a manner designed to ensure it cannot be reconstructed or read.
Upon deletion of a job seeker account or any data point within the job seeker account, it will be removed from our job seeker database; however, your data may persist elsewhere, such as applications you previously submit to Customers will persist until Customer disposal. Job seekers should contact the Customer they sent the application to if they seek enforcement of eligible data rights in that application. We may retain de-identified information after your account has been closed.
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser and device you use to access our Services. The identifier is then sent back to the server each time the browser requests a page from the server.
Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
Other data gathering mechanisms, such as web beacons, HTML Storage Objects, and web tags, are used by us and our service providers to gather more specific information on your use. A web beacon (also called a web bug or clear GIF) is a graphic on a webpage or in an email message that is designed to monitor who is reading the page or message. Web beacons are often invisible because they are typically only 1-by-1 pixel in size. Web beacons are often used alongside cookies to track activity. Web beacons may be used to add information to a profile about a site visited, provide an independent accounting of how many people have visited a website, gather statistics about usage, among other things. HTML Storage Objects are program code that collects information about your activity on our Services. The HTML is temporarily downloaded onto your device while you are connected to our Online Services.
We implement physical, technical, and administrative safeguards designed to maintain data accuracy, integrity, and security, prevent unauthorized access, and facilitate correct use of personal information. These safeguards include limiting access to data, storing personal information on secure servers and computers, encrypting personal information at rest and in transit, periodically testing our security technology, and training our employees in information security.
In addition, we seek to maintain contractual data security, confidentiality, and privacy obligations with our partners and vendors, and our employees that have access to personal information are subject to access, use, and confidentiality policies. Only authorized employees with a reasonable need related to their job duties have access to Customer and job seeker personal information. Employees who violate our policies are subject to disciplinary action, up to and including termination.
Although we maintain the controls listed herein, transmission of data is not without risk and we complete security of your information cannot be guaranteed. Please note, you are responsible for keeping your username and password secret at all times.
In the event we believe the security of your personal information in our possession or control may be compromised, we may seek to notify you by e-mail and you consent to our use of e-mail as a means of such notification.
These Services are not directed at children under the age of thirteen (13) and we do not knowingly collect personal information from children under the age of thirteen (13). If we become aware that we have inadvertently received personal information from a person under the age of thirteen (13), we will delete the information from our records. If you believe that we have collected personal information from a child under 13 without parental consent, you may report this to us at firstname.lastname@example.org.
If you are a California resident under 18 years old, you have the right to remove information you have posted to our Services. Please contact us at email@example.com and describe what information you’ve posted that you now want removed. We will use reasonable efforts to remove such information in compliance with the law and our other obligations stated herein. We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age.
If you are a California resident, you have additional data rights including:
Right to notice of collection
We’ve provided details on what information is collected about you in Section 4 “Information We Collect About You”. However, to ensure compliance with CCPA, the following categories of information as defined by the CCPA have been collected over the past year:
Right to opt out of sale (“Do Not Sell My Information”)
NEOGOV allows select companies to place tracking technologies like cookies on our sites, which allow those companies to receive information about your activity on our Services. The companies may use that data to serve you more relevant ads on our sites or others. Sharing data for online advertising like this may be considered a “sale” of information. California consumers have a right to opt-out of these sales. You have control over whether these technologies work on your devices. You can disable them using browser Do Not Track features or Cookie Settings provided by us.
To exercise these rights, you can either contact our support team at firstname.lastname@example.org. If you exercise your rights through emailing our support teams, please title the email “California Privacy Rights Request”, and within the body of the email specify what right you seek to invoke. Please note, if we cannot verify your identity we may deny certain data right requests.
You can designate an authorized agent to submit requests on your behalf, but we require written proof of the agent’s permission and verify your identity directly.
California Civil Code Section 1798.83 permits our visitors who are California customers to request certain information regarding our disclosure of personal information to third parties for the third parties’ direct marketing purposes. To make such a request please send a letter to: Governmentjobs.com, Inc., 300 Continental Blvd. Suite 565, El Segundo, CA 90245 Attn: Privacy Department. Requests must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note Governmentjobs is not required to respond to requests made by means other than through the provided mail address.
A sale under Nevada law is the exchange of personal information for monetary consideration. We do not currently sell personal information as defined under Nevada law. If you want to submit a request relating to our compliance with Nevada law, please contact us as at email@example.com and include the words “Nevada Rights” in the subject line.
Data Controllers and Processors
Lawful Basis for Processing.
For personal information subject to GDPR, we rely on multiple legal bases for processing, including:
EU Data Subject Rights
Data subjects in Europe whose information we receive through appropriate safeguards have legal rights to determine whether we hold personal data about them, to access personal data we hold about them, and to obtain its correction, update, amendment, or deletion in appropriate circumstances. In particular, your rights may include:
Some of these rights may be subject to exception and limitation. In any case, we will respond to your request to exercise these rights within a reasonable time but no later than within 30 days of receiving a request. To request to exercise your rights, you may contact us at firstname.lastname@example.org. Some of the rights are complex, and you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights. You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en
For personal data transferred from the European Union, the United Kingdom, or Switzerland, we will provide appropriate safeguards, such as through use of standard contractual clauses.
We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your sensitive data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal data, please submit a written request to email@example.com.
In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Where Governmentjobs.com, Inc. relies on Privacy Shield Principles for onward transfers of personal data from the EU, the United Kingdom, and Switzerland, including the onward transfer liability provisions, Governmentjobs.com, Inc. remains responsible under the Privacy Shield Principles for third-party agents processing personal data on its behalf.
Where Governmentjobs.com, Inc. receives personal data under the Privacy Shield and then transfers it to a service provider acting as agent, Governmentjobs.com, Inc. has certain liability under the Privacy Shield if both (i) the agent processes the personal data in a manner inconsistent with the Governmentjobs.com, Inc. and (ii) Governmentjobs.com, Inc. is responsible for the event giving rise to the damage. With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Governmentjobs.com, Inc. is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission.
Governmentjobs.com’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to another party is described in the Privacy Shield Principles. In particular, where where Governmentjobs.com transfers personal data in reliance on Privacy Shield, Governtmentjobs.com, Inc. remains responsible and liable under the Privacy Shield Principles if any agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless Governmentjobs.com proves that it is not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, Governmentjobs.com, Inc commits to resolve complaints about your privacy and our collection or use of your personal data transferred in reliance on Privacy Shield to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact Governmentjobs.com by email at firstname.lastname@example.org.
Governmentjobs.com, Inc. has further committed to refer unresolved privacy complaints regarding personal data transferred in reliance on Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. This service is provided free of charge to you.
Governmentjobs.com, Inc. has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU, the United Kingdom, and Switzerland in reliance on Privacy Shield and in the context of the employment relationship.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
You should periodically check this page to remind yourself of the rights herein.
This website is owned and operated by Governmentjobs.com, Inc. (DBA “NEOGOV”). Our principal place of business is at 300 Continental Blvd., El Segundo, CA 90245. You can contact us by email, telephone, or regular mail using the contact information listed herein.
Data Protection Manager at email@example.com
Effective date: September 24, 2020
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password, or other security information.
Re-use of any of NEOGOV’s Service Specifications for any purpose is strictly prohibited without our prior written permission. Please direct any requests for permission to support@GovernmentJobs.com.
You must not:
If your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless NEOGOV has agreed with you otherwise. You may not use the Services in a way that would subject NEOGOV to those industry-specific regulations without obtaining NEOGOV”s prior written agreement. For example, you may not use the Services to collect, protect, or otherwise handle “protected health information” (as defined in 45 C.F.R. §160.103 under United States federal regulations) without entering into a separate business associate agreement with NEOGOV that permits you to do so.
Your level of access should be limited to ensure your access is no more than necessary to perform your legitimate tasks or assigned duties. If you believe you are being granted access that you should not have, you must immediately notify NEOGOV.
Monitoring and Enforcement; Termination. You agree that we may monitor the Services to (1) comply with any applicable laws, regulations, or other government requests, (2) operate the Services or to protect itself and its users and members, and (3) for such other purposes as it may deem reasonably necessary or appropriate from time to time. More specifically, we have the right to:
We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS GOVERNMENTJOBS.COM, INC. AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER GOVERNMENTJOBS.COM, INC. OR LAW ENFORCEMENT AUTHORITIES.
Notwithstanding the foregoing, we are not responsible for screening, policing, editing, or monitoring postings and encourages all users to use reasonable discretion and caution in evaluating or reviewing any post. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards. These Content Standards apply to any and all User Contributions and use of the Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not NEOGOV, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Services.
Online Purchases; Add-On Services
Text Message and Email Communications. We may offer you the opportunity to receive text message and email notifications regarding notices, reminders, status updates, support, administrative message and disclosures, or other related human resource related notices from us or our Customers. Communications through these methods may be routed through a third-party service.
SMS messages will be sent to you strictly in accordance with your preferences, and only after you have explicitly opted in. If you change your mind at any time, and no longer wish to receive SMS messages, reply to a message with the word “OPTOUT” in all capital letters. Afterwards, should you choose to begin receiving messages again, reply with the word “OPTIN” in all capital letters. job seekers may also control their receipt of SMS messages through their job seeker Account preferences, by contacting the Customer whom the text message pertains to, or by notifying NEOGOV Support.
Should you allow SMS messages sent to you by NEOGOV or NEOGOV Customers, you agree to accept such text messages on your mobile phone including messages sent by automated telephone dialing system. You certify that you are the owner of the mobile phone entered or are authorized to use this mobile phone to receive SMS.
You are responsible for all mobile carrier data or text message charges resulting from your use of the Services, including from any notifications provided by the Services. The number of messages you receive will vary depending on the number of jobs you applied to, jobs you searched for, or the number Customers you allow to contact you. You may receive a text message confirming your subscription. NEOGOV reserves the right to suspend or terminate your SMS messages for any reason, with or without notifying you.
Since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. NEOGOV may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. NEOGOV shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. If your mobile number changes, you are responsible for informing the Customer of that change. NEOGOV MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
Additional Terms for Third-Party Services.
Specific Third-Party Providers.
Stripe. Some of the Services allow you to use Stripe to make payments. Your use of Stripe is subject to the applicable Stripe Terms of Service found at https://stripe.com/connect/legal.
Plivo. Some of the Services allow you to send or receive text messages through Plivo, Inc. If you are Personnel or other Customer agent using the text messages services on behalf of a Customer, you agree to use the text message services in compliance with law and agree to the Plivo Acceptable Use Policy available at https://www.plivo.com/aup/.
NEOGOV’s Liability. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
NEOGOV SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, EXPENSES OR OTHER CONSEQUENCES INCURRED BY YOU OR ANY OTHER PERSON OR ENTITY AS A RESULT OF DELAY IN OR INABILITY TO DELIVER ANY SERVICES DUE TO CIRCUMSTANCES OR EVENTS BEYOND NEOGOV’s REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION: (A) ACTS OF GOD; (B) CHANGES IN OR IN THE INTERPRETATION OF ANY LAW, RULE, REGULATION, OR ORDINANCE; (C) STRIKES, LOCKOUTS, OR OTHER LABOR PROBLEMS; (D) TRANSPORTATION DELAYS; (E) UNAVAILABILITY OF SUPPLIES OR MATERIALS; (F) FIRE OR EXPLOSION; (G) RIOT, MILITARY ACTION, OR USURPED POWER; OR (H) ACTIONS OR FAILURES TO ACT ON THE PART OF A GOVERNMENTAL AUTHORITY.
NEOGOV DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SERVICES AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT YOUR CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NEOGOV NOR ANY PERSON ASSOCIATED WITH NEOGOV MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER NEOGOV NOR ANYONE ASSOCIATED WITH NEOGOV REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, NEOGOV HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You acknowledge that NEOGOV exercises no control over employer human resource practices implemented using the Service or decisions as to employment, promotion, termination, or compensation of any job seeker or personnel. Employers are solely responsible for their postings on the Services. NEOGOV is not to be considered to be an employer with respect to your use of any NEOGOV Service and NEOGOV shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any NEOGOV Service. In addition, employers are responsible for the privacy, collection, use, retention and processing of employer owned data, and providing any and all notices regarding the foregoing, in compliance with all applicable laws.
Limitation on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEOGOV, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY OTHER PERSON OR ENTITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CUSTOMER’S USE, OR INABILITY TO USE, THE SERVICES, UNDER ANY CIRCUMSTANCE, CAUSE OF ACTION OR THEORY OF LIABILITY, OR DUE TO ANY EVENT WHATSOEVER, FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, LOSS OF USE, LOSS OF GOODWILL OR BUSINESS STOPPAGE, LOSS OF DATA, EVEN IF FORESEEABLE OR NEOGOV KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITATION OF THE FOREGOING, EXCEPT FOR DAMAGES ARISING OUT OF NEOGOV’s GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE TOTAL LIABILITY OF NEOGOV, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED ($100.00) U.S. DOLLARS. THE FOREGOING LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE PARTIES ACKNOWLEDGE AND AGREE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. EACH PARTY ACKNOWLEDGES THAT THIS LIMITATION OF LIABILITY REFLECTS AN INFORMED, VOLUNTARY ALLOCATION BETWEEN THE PARTIES OF THE RISKS (KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THIS AGREEMENT AND HAS BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Your Comments and Concerns.
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